2105 - Sick Leave

Category

Leave

Audience List

• Employee Relations Officers
• Personnel Officers
• Personnel Transactions Supervisors
• Labor Relations Officers

Synopsis

This policy

• Outlines the sick leave entitlement for excluded employees. For represented employees, refer to the applicable Memoranda of Understanding (MOU) for details regarding sick leave.
• Provides a definition of sick leave.
• Provides sick leave entitlement per California Code of Regulations, Government Codes, Memoranda of Understanding, and Labor Codes.
• Provides the eligibility, accrual, enrollment and accumulation about the Vacation/Sick Leave Program.
• Identifies which position determines the sick leave accrual rate for an employee who has more than one position.
• Provides information on qualifying pay periods and breaks in service.
• Provides when which sick leave can be used.

Introduction

This policy statement provides information on employee sick leave.

Statement

Sick leave is provided to state employees pursuant to: the Government Code, the California Labor Code, the California Code of Regulations, and/or Memoranda of Understanding (MOU).

Eligibility To Accrue Sick Leave

Per California Code of Regulations (CCR), title 2, section 599.746, after the completion of each qualifying pay period, each full-time employee shall be allowed one day credit for sick leave with pay.  Per California Code of Regulations, title 2, section 599.608 a qualifying pay period means an employee must have 11 or more paid days of service in a monthly pay period.

A part-time  employee must  have 11 or more paid days that correspond to   their time base to earn a qualifying pay period. Sick leave credits are given on a pro rata basis to fractional time base employees on the first day of the monthly pay period following completion of a qualifying pay period.  

An intermittent employee must have 160 hours of paid employment to receive a qualifying monthly pay period and will receive sick leave credits on the first day of every monthly qualifying pay period.  

For represented employees refer to the applicable MOU. Where there is a conflict between the CCR and MOU, the MOU will control.

Multiple Positions

An employee holding a position in addition to other full-time employment with the state shall not receive credit for sick leave with pay for service in the additional position.

Where an employee holds two (2) or more less than full-time positions, the time worked in each position shall be combined for purposes of computing credits for sick leave with pay but such credits shall not exceed full-time employment credit.

Vacation/Sick Leave Enrollment

Upon hire,  employees may elect to enroll in either Vacation/Sick Leave  or the Annual Leave Program (ALP).  Employees may elect to enroll in the other program when eligible.  Employees in Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21 are subject to an open enrollment period each April 1 through April 30, and enrollment changes are effective June 1. Refer to the applicable MOU for details.

Excluded and employees represented by Bargaining Units 2, 5, 6, 7, 8, 9, 10, 12, 13, 16, 18, and 19, maintain a continuous enrollment eligibility period.  Employees must remain in the ALP or Vacation/Sick Leave  for at least 24 months from the last date of election. The only exception to the above enrollment commitment is when an employee is newly appointed to a classification excluded from bargaining. In this case, the employee may enroll in either program irrespective of the date of their last enrollment election.

Accumulation Limit/Rollover

Sick leave may be accumulated without limit.

Break in Service

An employee who has 11 or more paid days  in a monthly pay period shall be counted as qualifying service (qualifying pay period) for sick leave accrual purposes.

An employee who has a break in the continuity of employment because of a permanent separation of less than six months or because of a temporary separation, the full-time employee's prior unused sick leave balance is restored.

An employee whose continuity of employment is broken by a permanent separation of six months or longer and is subsequently reemployed cannot be credited with any unused sick leave accumulated prior to the employee's separation and the full-time employee must complete one month of continuous service before being granted eight hours of sick leave credit.

Sick Leave Uses

Employees may use sick leave for the following reasons:

1. The diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee's family member. An employee’s family members include:

• children (biological, adoptive, foster, step, legal ward, or to whom the employee stands in the place of a parent);
• parents (biological, adoptive, foster, step, legal guardian of the employee or the employee’s spouse or registered domestic partner, or a person who stood in the place of a parent when the employee was a minor child);
• spouse or registered domestic partner;
• grandparents;
• grandchildren;
• siblings; and
• a designated person (a person identified by the employee at the time the employee requests paid sick days. An employer may limit an employee to one designated person per 12-month period for paid sick days).
• Any person residing in the immediate household of the excluded employee.
• The death of a person related by blood, by adoption, or by marriage or any person residing in the immediate household of the employee of the represented employee.

2. When an employee or family member is a victim as identified under GC section 12945.8,  sick leave may be used:

• To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim.
• To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
• To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program,  rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
• To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
• To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
• To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
• To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
• To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
• To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
• To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.

Designation of sick leave for the reasons established above shall be made at the sole discretion of the employee.

The above establishes the minimum requirements for sick leave.

Sick leave for excluded employees may be used in 30-minute increments.

It is the Department of Human Resources’ policy to place no limit on the amount of sick leave that can be used for the reasons specified above.

An employer shall not deny an employee the right to use sick leave or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use, sick leave to attend to an illness or the preventive care of a family member, or for any other reason specified in subdivision (a) of Labor Code section 246.5.

These provisions under the Labor Code apply to state employees and the entitlements shall not be diminished by a collective bargaining agreement or MOU. Where other provisions of the policy or CCR’s differ, the MOU will control.

Application

Authorities

• Bargaining Contracts - MOUs
• California Code of Regulations, title 2, section 599.608
• California Code of Regulations, title 2, sections 599.745 - 599.751
• Government Code 12945.8
• Government Code section 19859
• Government Code section 19862.1
• Government Code section 19998.3
• Labor Code section 233
• Labor Code section 245.5
• Labor Code section 246.5

Resources

Forms

• Wounded Warriors: Wounded Warriors Transition Leave Tracking Form

Authorized By

Melissa Russell
Chief
Personnel Management Division

Contact Person

Personnel Services Branch
Personnel Program Consultant , Personnel Services Branch
Phone: 916-909-3702
Fax: 916-327-1886
Email: psb@calhr.ca.gov

Superseded Policies

History

View History