16.5 Industrial Accident/Illness Leave:

In accordance with Section 45192 of the Education Code, classified employees shall be entitled to leave of absence for industrial accidents or illness, subject to the following:

Allowable leave shall be for not more than sixty (60) working days in one (1) fiscal year for the same accident.

Allowable leave shall not be accumulated from year to year. 

Industrial accident or illness leave will commence on the first day of absence. Payment for wages lost on any day shall not, when added to an award granted the employee under worker’s compensation laws of the State of California, exceed the normal wage for the day; the employee shall endorse to the District wage loss benefit checks received under the worker’s compensation laws of this state and the District, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contribution.

Industrial accident leave will be reduced by one (1) day for each day of authorized absence regardless of a compensation award made under worker’s compensation.

When an industrial accident leave occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year, in which the injury or illness occurred, for the same illness or injury. 

The industrial accident or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to sick leave and extended sick leave will then be used. If, however, an employee is still receiving worker’s compensation, they shall be entitled to use only so much of their accumulated and available sick leave, accumulated compensation time, vacation or other available leaves which when added to the worker’s compensation award, provides for a day’s wage or salary. 

When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of their position, the person shall, if not placed in another position, be placed on a reinstatement list for a period of 39 months. When available, during the 39-month period, the person shall be employed in a vacant position in the class of the person’s previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the person shall be listed in accordance with appropriate seniority regulations.

Periods of leave of absence pursuant to this Article shall not be considered to be a break in service for the employee.

To be eligible for industrial accident or illness leave, an employee must have served continuously not less than six (6) months with the District. Such requirement shall not be construed to limit or restrict an employee’s right to an earlier time to receive worker’s compensation benefits as provided by law.

An employee returning to work from industrial accident or illness leave shall be required to present a doctor’s release prior to returning to paid duty.

The District may require an employee to submit to an examination by a District approved doctor to verify the nature of the illness or disability which was the reason for the leave of absence.

Only absences which are supported by a doctor’s certificate and have been verified by the District’s insurance carrier to be the result of a work connected injury or illness can be paid under the occupational leave policy. Any absence which cannot be so verified shall be charged against the bargaining unit member’s personal illness leave or other appropriate leave, or salary will be deducted. if it is determined the illness/injury is covered by worker’s compensation, sick leave or other leaves, or salary deducted shall be reinstated. 

• Once Industrial Accident leave has been exhausted, entitlement or other sick leave will then be used in the following order: current sick, accumulated sick time, accumulated vacation time or any other available paid time off programs.

• Classified employees earn up to 12 days of sick time per year.

• Classified employees, employed for less than a full fiscal year, earn a proportion of the 12 days sick time equivalent to one day per month of employment.

• Credit for current year’s sick time does not have to be accrued prior to an approved leave.

• New employees are not eligible to take more than six sick days, or the proportionate amount they are entitled to (one day per month) until the first day of the calendar month after completion of six months active service, subject to the terms of an applicable Collective Bargaining Agreement or District Board Policy. Sick/vacation time can accumulate from year to year. Sick/vacation time taken during a leave of absence is generally prorated so that only so much of the current or accumulated sick time that when added to workers’ compensation, provides a full day’s wage (Ed. Code §45192).

• Sick/vacation pay when combined with temporary disability shall not exceed regular wages, less any regular deductions (retirement, insurance, etc.).

16.4 Continued Absence After Available Sick Leave Is Exhausted/Differential Pay: 

Each year, each regular classified employee shall be credited with no fewer than 100 working days of paid leave for personal illness or injury, including current year and accumulated days of leave. When the current year and accumulated days at full pay are exhausted, the remainder of the 100 days shall be compensated at least 50 percent of the employee’s regular salary. Any of the 100 days of leave not used during the year in which they are credited shall be forfeited and shall not accumulate from year to year. This paid leave shall be exclusive of any other paid leave, holidays, vacation, or compensatory time to which the employee may be entitled (Education Code 45196). 

• After exhausting all leave provisions (60 days Industrial Accident Leave, accumulated sick/vacation time, and Sub-Differential or 100 working days of 50% Pay and any other leave provisions) and the employee is still placed off work, and not assigned to another position, the employee may be placed on the 39-month rehire list (regular employees) or the 24-month rehire list (probationary employees). NOTE: this provision must be enforced in conjunction with the California Fair Employment & Housing Act (FEHA), which requires the District to evaluate whether further extended unpaid leave for a finite and reasonably short period of time will allow the employee to recover and return to work; and, when an extended unpaid leave is a reasonable accommodation it is in lieu of placing the employee on the rehire list).

• If, during the period the employee is on the rehire list, the employee is medically released to return to work, and when a position in the employee’s classification is available, the employee shall be placed in a vacant position within their same classification at time of the injury. The employee has preference above all other candidates except those on an employment list established as a result of lack of work or lack of funds; in which case the employee shall be listed in accordance with seniority regulations.

• Any employee who is medically released to work and fails to accept an appropriate assignment may be dismissed.

6.8 Industrial Accident and Illness Leaves

Allowable industrial accident or illness leaves shall be provided to the certificated Unit Members.

There shall be sixty (60) working days leave in any one (1) fiscal year for the same accident. When this accident or illness occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the Unit Member will be entitled to only that amount of time remaining at the end of the fiscal year in which the injury occurred for the same illness.

Allowable leave shall not be accumulated from year-to-year. 

Industrial accident or illness leave will commence on the first (1st) day of absence. 

Payment for wages lost on any day shall not, when added to an award granted the Unit Member under worker’s compensation laws of this state, exceed the normal wage for the day.

Industrial Accident Leave will be reduced by one (1) day for each day of authorized absence regardless of a compensation award made under workmen’s compensation. 

During all paid leaves of absence, whether Industrial Accident Leave as provided herein, sick leave, vacation, compensated time off or other available leave provided by law, the Unit Member shall endorse to the Employer wage loss benefit checks received under the worker’s compensation laws of this state. The Employer, in turn, shall issue the Unit Member appropriate warrants for payment of salary or wages and shall deduct normal retirement and other authorized contributions.

Any Unit Member who received benefits as a result of this section shall, during period of injury or illness, remain within the State of California unless the Employer authorizes travel outside the state.

When all available leaves of absence, paid or unpaid, have been exhausted and if the Unit Member is not medically able to assume the duties of their position, the Unit Member shall, if not placed in another position, be placed on leave without pay or benefits for a maximum of two (2) years. The Employer shall be notified prior to February 15, upon the decision of the Unit Member to return to service the next school year.

A Unit Member who has been placed on a re-employment list, as provided herein, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed.

• Once Industrial Accident leave has been exhausted, the employee customarily uses all current sick time and accumulated sick leave.

• Certificated employees earn a minimum of 10 days of sick time per year.

• Certificated employees, employed less five school days per week, earn a pro-rated portion of the 10 days based on the number of days worked per week.

• Credit for current year’s sick time does not have to be accrued prior to an approved leave.

• Sick time can accumulate from year to year.

• Sick time taken during leave of absence should be prorated to use only so much of the current or accumulated sick time that when added to workers’ compensation, provides a full day’s wage (Education Code §44984).

• Sick pay when combined with temporary disability shall not exceed 100% of regular wages, less any regular deductions (retirement, insurance, required contributions to STRS, etc.).

6.3 Differential Sick Leave

Upon exhaustion of annual sick leave credit, a Unit Member who continues to be absent for reasons of illness or accident shall be paid the difference between the Unit Member’s daily rate of pay and the District’s lowest substitute daily rate of pay. In no case shall the Unit Member receive less than fifty percent (50%) of his/her daily rate. 

The Unit Member must first utilize all accumulated sick leave credit for the year in which the illness occurs, after which up to one hundred (100) days of differential sick leave may be used. The Unit Member may choose, but is not required, to use sick leave credit accumulated from prior years before beginning the use of differential sick leave.

Up to one hundred (100) days may be used each year. The used days need not be consecutive, nor for the same illness or accident. The one hundred (100) days begins with, or any time after, the first (1st) day of absence following the exhaustion of all regular sick leave granted for that school year.

• After exhausting all leave provisions (the 60 days Industrial Accident Leave, accumulated unused sick time, and five months Sub-Differential or 50% Pay) if still off work, and not placed in another position, the employee should be placed on the 39-month rehire list. 

• When the employee is medically able, the employee shall be returned to employment in a position for which they are credentialed.

• When a certificated employee has exhausted all available sick leave, including accumulated sick leave, and continues to be absent on account of illness or accident for a period beyond the five-month period provided pursuant to Section 44977, and the employee is not medically able to resume the duties of his or her position, the employee shall, if not placed in another position, be placed on a reemployment list for a period of 24 months if the employee is on probationary status, or for a period of 39 months if the employee is on permanent status.