4261
BP
Board Policy
Leaves
The Governing Board shall provide for paid and unpaid leaves of absence for employees in accordance with law, Board policy, administrative regulation, collective bargaining agreements, and merit system rules, as applicable.
Employees have the right to take leaves as authorized by law and/or collective bargaining agreements, including, but not limited to:
Personal illness or injury
Industrial accident or illness
Family care and medical leave
Military service
Personal necessity and personal emergencies
Disability leave for certificated employees in accordance with Education Code 44986
Vacations for classified staff and certificated management staff, as applicable
Sabbaticals for purposes of study or training related to the employee's job duties
Attendance at work-related meetings and staff development opportunities
Compulsory leave
Maternity, parental leave, and reproductive loss leave for both certificated and classified staff, as applicable under state law
Bereavement
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 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 employee 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. Current CSEA contract language limits the flexibility that allows the Board to approve long term leaves.
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 & Management References
State
Ed. Code 22850-22856 - Pension benefits; STRS members on military leave
Ed. Code 44018 - Compensation for employees on active military duty
Ed. Code 44036-44037 - Leaves of absence for judicial and official appearances
Ed. Code 44043.5 - Catastrophic leave
Ed. Code 44800 - Effect of active military service on status of employees
Ed. Code 44842 - Reemployment notices; certificated employees
Ed. Code 44940 - Compulsory leave of absence for certificated persons
Ed. Code 44962-44988 - Leave of absence; certificated
Ed. Code 45059 - Employee ordered to active military/naval duty; computation of salary
Ed. Code 45190-45210 - Leaves of absence; classified
Fam. Code 297-297.5 - Rights, protections, benefits under the law; registered domestic partners
Gov. Code 12945.1-12945.21 - California Family Rights Act
Gov. Code 20990-21013 - Pension benefits; PERS members on military leave
Gov. Code 3543.1 - Rights of employee organizations
Gov. Code 3543.2 - Scope of representation
Lab. Code 230-230.2 - Leaves for victims of domestic violence, sexual assault or specified felonies
Lab. Code 230.3 - Leave for emergency personnel
Lab. Code 230.4 - Leave for volunteer firefighters
Lab. Code 230.8 - Time off to visit child's school
Lab. Code 233 - Leave to attend to family illness
M&V Code 395-395.9 - Military leave
M&V Code 395.10 - Leave when spouse on leave from military deployment
Federal
29 USC 2601-2654 - Family Care and Medical Leave Act
38 USC 4301-4334 - Uniformed Services Employment and Reemployment Rights Act of 1994
Management Resources
Website - CSBA District and County Office of Education Legal Services
Cross References
2121 BP Superintendent's Contract
4112.1 AR Contracts
4131 AR Staff Development
4154 BP Health And Welfare Benefits
4158 AR Employee Security
4159 BP Employee Assistance Programs
4161.3 BP Professional Leaves
4161.5 AR Military Leave
4161.8 AR Family Care And Medical Leave
4231 BP Staff Development
4254 BP Health And Welfare Benefits
4258 AR Employee Security
4259 BP Employee Assistance Programs
4261.3 BP Professional Leaves
4261.5 AR Military Leave
4261.8 AR Family Care And Medical Leave
4312.1 BP Contracts
4331 BP Staff Development
4354 BP Health And Welfare Benefits
4358 AR Employee Security
4359 BP Employee Assistance Programs
4361.5 AR Military Leave
4361.8 AR Family Care And Medical Leave