Personal Illness and Injury Leave

MJUSD
DIVISION 4000
ALL PERSONNEL
ADMINISTRATIVE REGULATION

PERSONAL ILLNESS AND INJURY LEAVE

Classified Personnel

Each full-time employee is entitled to twelve (12) days personal illness and injury leave of absence per fiscal year, with full pay. Full-time employees who serve less than a full fiscal year shall be granted a prorated share of the twelve (12) days leave, and part-time employees shall be granted comparable sick leave in proportion to the time employed. (Education Code 45191)

Credit for sick leave does not have to be accrued before an employee takes sick leave. Such leave may be taken at any time during the year. However, new employees shall not be entitled to more than six (6) days of sick leave until they have completed six (6) months of active service with the District.

Unused days of sick leave shall be accumulated from year to year without limitation.

Upon request, employees who terminate their service to the District may have their accumulated sick leave transferred to their next district of employment. (Education Code 45202)

Sick Leave Beyond Twelve Days

After an employee has exhausted his/her sick leave, vacation, compensatory overtime and other available paid leave, he/she shall receive his/her regular salary minus the amount paid to a substitute employed to fill the position. The maximum period of paid leave shall not exceed five (5) months, beginning with the first day the employee is absent from work.

After a permanent employee has exhausted all available sick leave, vacation, compensatory overtime and any other paid leave, he/she may be granted an unpaid leave of absence because of non-industrial accident or illness for a period not to exceed six (6) months. The Board may renew this leave for two (2) additional six-month periods or for lesser periods. Total leave so allowed shall not exceed eighteen (18) months. (Education Code 45195)

If at the conclusion of all leaves of absence, paid or unpaid, the employee is still unable to assume the duties of his/her position, he/she shall be placed on a reemployment list for a period of thirty-nine (39) months.

At any time during the prescribed thirty-nine (39) months, the employee is able to assume the duties of his/her position, he/she shall be reemployed in the first vacancy in the classification of the previous assignment. His/her employment will take preference over all other applicants except for those laid off for lack of work or funds under Section 45298 in which case he/she shall be ranked according to proper seniority. Upon resumption of his/her duties, the break in service will be disregarded and he/she shall be fully restored as a permanent employee.

Transfer of Sick Leave

A person who has worked a year or more in another district in California and enters this District during the same or succeeding year may transfer all unused sick leave.

Personal Illness and Injury Leave

After any absence due to illness or injury, the employee shall verify the absence by submitting a completed and signed District absence form to his/her immediate supervisor.

Proof of illness and doctor's release to return to work request shall be consistent with the negotiated agreement.

Notifications

Employees shall notify the District of their need to be absent as soon as such need is known, so that substitute services may be secured. This notification shall include an estimate of the expected duration of absence. If the absence becomes longer than estimated, the employee shall again notify the District of the need for a substitute. If the duration of absence is unknown or becomes shorter than estimated, the employee shall notify the District of his/her intent to return by at least 3:00 p.m. of the working day preceding the day he/she returns. If failure to so notify the District results in a substitute being secured, the cost of the substitute shall be deducted from the employee's pay.

When available paid leave has been exhausted, the employee shall be so notified in writing and shall be offered an opportunity to request additional unpaid leave. (Education Code 45195)

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