§ 44043.6
500 words·~2 min read·
/ca/education-code/44043-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The governing board or body of a school district, county office of education, or charter school may establish a catastrophic leave program to permit employees of that school district, county office of education, or charter school to donate eligible leave credits to an employee when that employee is impacted by a state of emergency.
(b)For the purposes of this section, the following definitions apply:
(1)“Eligible leave credits” means vacation leave and sick leave accrued to the donating employee.
(2)“State of emergency” means a state of emergency that has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(c)Eligible leave credits may be donated to an employee for purposes of subdivision
(a)if all of the following requirements are met:
(1)The employee, who is impacted by a state of emergency, requests that eligible leave credits be donated and provides verification of impacts of a state of emergency on the employee as required by the governing board or body of the school district, county office of education, or charter school in which the employee is employed.
(2)The governing board or body of the school district, county office of education, or charter school determines that the employee is unable to work due to the impact of a state of emergency on the employee.
(3)The employee has exhausted all accrued paid leave credits.
(d)If the transfer of eligible leave credits is approved by the governing board or body of the school district, county office of education, or charter school, any employee may, upon written notice to the governing board or body of the school district, county office of education, or charter school, donate eligible leave credits at a minimum of eight hours, and in hour increments thereafter.
(e)The governing board or body of a school district, county office of education, or charter school that provides a catastrophic leave program pursuant to this section shall adopt rules and regulations for the administration of this section, including, but not limited to, all of the following:
(1)The maximum amount of time for which donated leave credits may be used, but not to exceed use for a maximum period of 12 consecutive months.
(2)The verification of impacts of a state of emergency on the employee required pursuant to paragraph
(1)of subdivision (c).
(3)Making all transfers of eligible leave credit irrevocable.
(f)An employee who receives paid leave pursuant to subdivision
(c)shall use any leave credits that they continue to accrue on a monthly basis before receiving paid leave pursuant to this section.
(g)Notwithstanding this section, the governing board or body of a school district, county office of education, or charter school and an exclusive bargaining representative of employees in that school district, county office of education, or charter school may agree to include in any collective bargaining agreement a provision setting forth requirements for a catastrophic leave program.