BOARD POLICY - 4261

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. Vacations for classified staff, as applicable.
7. Attendance at work-related meetings and staff development opportunities.
8. Compulsory leave.
9. 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

Classified administrative and supervisory employees who are not subject to The district's bargaining agreement for classified employees shall generally be entitled to those leave provisions provided in the bargaining agreement for other classified employees unless otherwise specified in individual contract, memoranda of understanding, Board Policy, administrative regulation, or law.

Legal Reference:

EDUCATION CODE:

44018 Compensation for employees on active military duty
44036-44037 Leaves of absence for judicial and official appearances
44043.5 Catastrophic leave
44842 Failure to provide notice or to report to work
44940 Sex offenses and narcotic offenses; compulsory leave of absence
45059 Employee ordered to active military/naval duty, computation of salary
45190-45210 Leaves of absence (classified)

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: August 23, 2016

Administrative Regulation 4261 - Leaves and Absences

Administrative Regulation 4261.8 - Family Care and Medical Leave