2105 - Sick Leave (Historical View)

** Effective: 11/21/2016 12:35:09 PM - 11/30/2016 8:22:36 AM **

Status: Active

Change Notes

Updated formatting.

Category

Leave

Audience List

Synopsis

This policy

Introduction

This policy statement provides information on sick leave and other entitlements under the sick leave policy.

Statement

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

Per California Code of Regulation, title 2, section 599.745 for represented employees, sick leave means the necessary absence from duty of an employee because of:

  1. Illness or injury; exposure to contagious disease; dental; eye; and other physical or medical examination or treatment by a licensed practitioner.
  2. Required attendance, not to exceed five days in any calendar year, upon the employee's ill or injured mother, father, husband, wife, son, daughter, brother, or sister, or any person residing in the immediate household of the employee except servants, roomers, or roommates.
    • The five-day limit on the use of family sick leave shall not apply to non-represented employees as defined in California Code of Regulation, title 2, section 599.733.
  3. The death of a person related by blood, by adoption, or by marriage or any person residing in the immediate household of the employee. Each absence shall not exceed five days.

Per California Code of Regulation 599.745.1 for excluded employees, sick leave means the necessary absence from duty of an excluded employee because of:

  1. Illness or injury; exposure to contagious disease; dental, eye, and other physical or medical examination or treatment by a licensed practitioner.
  2. Required attendance, upon the excluded employee's ill or injured mother, father, husband, wife, son, daughter, brother, or sister, or any person residing in the immediate household of the excluded employee.
  3. Absence for sick leave means the time the excluded employee is absent from work due to a valid sick leave reason and may be for a minimum of thirty minutes.

Eligibility

Per California Code of Regulations, 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 working days of service in a monthly pay period.  In order for a part-time month to be a qualifying pay period, an employee must work at least that fraction of 88 hours (11 days) that correspond to the employee’s time base.  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 once six 960 hours of paid employment has been met.  For represented employees refer to the applicable MOU.

Enrollment

Upon hire, most employees may elect to enroll in either Vacation/Sick Leave Program 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.  Open enrollment is each April 1 through April 30, and enrollment changes are effective June 1.

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 Program for at least 24 months from the last date of election.

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.

Accumulation Limit/Rollover

Sick Leave may be accumulated without limit.

Break in Service

An employee who has 11 or more working days of service 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.

Other Uses for Sick Leave

Domestic Violence

Per California Labor Code section 230.1 employers with 25 or more employees may not discharge or in any manner discriminate or retaliate against an employee who is a victim of domestic violence, as defined in California Family Code Section 6211, for taking time off to seek medical attention for injuries caused by domestic violence, obtain psychological counseling related to an experience of domestic violence, obtain services from a domestic violence shelter, program, or rape crisis center, or to participate in safety planning to increase safety from future domestic violence.

As a condition for taking time off, the employee shall give the employer reasonable advance notice of the employee's intention to take time off for any of the purposes summarized above, unless advance notice is not feasible. When an unscheduled absence occurs, the employer may require the employee to certify that the absence is a result of domestic violence in the form of a police report, a court order, or medical documentation.  An employer would be required to maintain the confidentiality of any employee's request for time off pursuant to provision of this law.

The law does not require an employer to compensate an employee for the time taken off under these circumstances, but the employee may use vacation, personal leave, or other compensating time off that is otherwise available to the employee. Effective January 1, 2016, Senate Bill 579 amended California Labor Code section 233 to include sick leave reasons specified under Labor Code 246.5 such as a victim of domestic violence, sexual assault, or stalking. This amendment now allows employees to use sick leave for the reasons listed above.

The provisions of this bill apply to the state as an employer and to state employees. The entitlement of any employee under this law shall not be diminished by a collective bargaining agreement.

Sexual Assault

Labor Code Sections 230 and 230 .1, which provide leave benefits to victims of domestic violence, was amended to extend the same benefits to victims of sexual assault. Under the Labor Code, an employer may not discharge or in any manner discriminate or retaliate against an employee who is a victim of sexual assault for taking time off from work to appear in court to obtain a civil restraining order or other legal protection necessary to ensure his or her health and safety or that of his or her child.

Further, the Labor Code would prohibit employers with 25 or more employees from discharging or discriminating against an employee who is a victim of sexual assault who takes time off from work to seek medical attention for injuries, to obtain support services or psychological counseling, or to participate in safety planning or other actions such as relocation.

As a condition for taking time off, the employee shall give the employer reasonable advance notice of the employee's intention to take time off unless advance notice is not feasible.

The law does not require an employer to compensate an employee for the time taken off under these circumstances, but the employee may use vacation, personal leave, or other compensating time off that would otherwise be available to the employee. Effective January 1, 2016, Senate Bill 579 amended California Labor Code section 233 to include sick leave reasons specified under Labor Code 246.5 such as a victim of domestic violence, sexual assault, or stalking. This amendment now allows employees to use sick leave for the reasons listed above.

The provisions of this bill apply to the state as an employer and to state employees. The entitlement of any employee under this law shall not be diminished by a collective bargaining agreement.

Wounded Warriors Transitional Leave Act

Senate Bill 221 enacted the Wounded Warriors Transitional Leave Act and amended Government Code section 19859.

This law grants eligible state officers or employees, hired on or after January 1, 2016, 96 hours of sick leave to be used for the treatment of a military service-connected disability. To qualify, the employee must be a military veteran with a military service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs.

Departments are required to inform employees hired on or after January 1, 2016, of this sick leave entitlement. Eligible employees are required to submit a verification letter to their personnel office in order to receive the sick leave credit. A verification letter may be requested from any United States Department of Veterans Affairs office by calling (800) 827-1000 or accessing a Veterans Affairs eBenefits account.

The 96 hours of sick leave shall be credited and available for use by the qualifying employee on their first day of employment, and is not prorated based on time base. The sick leave shall remain available for use for the following 12 months, and any unused hours will expire thereafter.

Departmental personnel officers are responsible for developing and implementing a method to track the credit, use, and expiration of this sick leave entitlement, which shall be maintained separate from any other sick leave balance. A separate leave type will not be available for users of the State Controller’s Office California Leave Accounting System.

Application

Not Applicable.

Authorities

Resources

PML

Authorized By

Contact Person

Personnel Services Branch
Personnel Program Consultant, , Personnel Services Branch
Phone: 916-323-3343
Fax: 916-327-1886
Email: psb@calhr.ca.gov

Superseded Policies

Not Applicable.