BOARD POLICY - 4161

The Governing Board shall provide for paid and unpaid leaves of absence for employees in accordance with law, Board Policy, administrative regulation, and collective bargaining agreements, as applicable.

The Board recognizes the following justifiable reasons for employee absence:

1.   Personal illness or injury.
2.   Industrial accident or illness.
3.   Family care and medical leave.
4.   Military service.
5.   Personal necessity and personal emergencies.
6.   Disability leave for certificated employees in accordance with Education Code 44986.
7.   Vacations for certificated management staff, as applicable.
8.   Attendance at work-related meetings and staff development opportunities.
9.   Compulsory leave.
10. Jury Duty.

Long-Term Leaves
With Board approval, an employee may receive a leave of absence, without pay and without accruing seniority or service credit, for a period of up to one school year. Applications for long-term leave shall be made in writing to Human Resources and shall state the purpose for which leave is requested. All long-term leave agreements shall be in writing and shall state the terms and conditions of the leave, including the conditions governing the employee's return.

At the end of a long-term leave, the employee shall be reinstated to a similar position as that held at the time leave was granted, unless otherwise agreed upon.

The Board shall consider any written request by an employee to return to work prior to the expiration date of the leave.

Administrative and Supervisory Personnel
Certificated administrative and supervisory employees who are not subject to the District's bargaining agreement for certificated employees shall generally be entitled to those leave provisions provided in the bargaining agreement for other certificated employees unless otherwise specified in individual contract, memorandums of understanding, Board Policy, administrative regulation, or law.

Legal Reference:
EDUCATION CODE
22850-22856 Pension benefits, STRS members on military leave
44018 Compensation for employees on active military duty
44036-44037 Leaves of absence for judicial and official appearances
44043.5 Catastrophic leave
44800 Effect of active military service on status of employees
44842 Failure to provide notice or to report to work
44940 Sex offenses and narcotic offenses; compulsory leave of absence
44962-44988 Leaves of absence (certificated)
45059 Employee ordered to active military/naval duty, computation of salary

FAMILY CODE
297-297.5 Registered domestic partner rights, protections and benefits

GOVERNMENT CODE
12945.1-12945.2 California Family Rights Act
20990-21013 Pension benefits, PERS members on military leave

LABOR CODE
230-230.2 Leaves for victims of domestic violence, sexual assault or specified felonies
230.3 Leave for emergency personnel
230.4 Leave for volunteer firefighters
230.8 Leave to visit child's school
233 Illness of child, parent, spouse or domestic partner

MILITARY AND VETERANS CODE
395-395.9 Military leave
395.10 Leave when spouse on leave from military deployment

UNITED STATES CODE, TITLE 29
2601-2654 Family and Medical Leave Act of 1993

UNITED STATES CODE, TITLE 38
4301-4334 Uniformed Services Employment and Reemployment Rights Act of 1994

Policy Adopted: February 13, 1974
Policy Revised: August 2004
Policy Revised: August 23, 2016

Administrative Regulation 4161 - Leaves and Absences 
Administrative Regulation 4161.8 - Family Care and Medical Leave