AB 915, as introduced, Holden. School employees: classified service: industrial accident or illness leaves of absence: travel restriction..
Existing law requires the governing board of a school district to provide by rules and regulations for industrial accident or illness leaves of absence for employees who are a part of the classified service. Existing law requires an employee receiving benefits pursuant to these provisions to remain within California during periods of injury or illness, unless the governing board authorizes travel outside the state.
This bill would remove the travel restriction on an employee receiving these benefits.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 45192 of the Education Code is amended
begin deleteGoverning boards of school districts end deleteshall provide by rules and regulations
5for industrial accident or illness leaves of absence for employees
6who are a part of the classified service. The governing board of
begin delete anyend delete district begin delete whichend delete is created or whose boundaries or status
2is changed by an action to organize or reorganize districts
3completed after the effective date of this section shall provide by
4rules and regulations for these leaves of absence on or before the
5date on which the organization or reorganization of the district
6becomes effective for all purposes
begin delete as provided in Section 4064end delete.
8 rules and regulations shall include the following
11 Allowable leave shall not be for less than 60 working days
12in any one fiscal year for the same accident.
14 Allowable leave shall not be accumulative from year to year.
16 Industrial accident or illness leave will commence on the
17first day of absence.
19 Payment for wages lost on any day shall not, when added
20to an award granted the employee under the workers’ compensation
21laws of this state, exceed the normal wage for the day.
23 Industrial accident leave will be reduced by one day
24day of authorized absence regardless of a compensation award
25made under workers’ compensation.
27 When an industrial accident or illness occurs at a time when
28the full 60 days will overlap into the next fiscal year, the employee
29shall be entitled to only that amount remaining at the end of the
30fiscal year in which the injury or illness occurred, for the same
31illness or injury.
33 industrial accident or illness leave of absence is to be
34used in lieu of entitlement acquired under Section 45191. When
35entitlement to industrial accident or illness leave has been
36exhausted, entitlement or other sick leave will then be used; but
37if an employee is receiving workers’ compensation the person
38shall be entitled to use only so much of the person’s accumulated
39or available sick leave, accumulated compensating time, vacation
P3 1or other available leave
begin delete which,end delete when added to the workers’
2compensation award, provide for a full day’s wage or salary.
4 governing board may, by rule or regulation,
5provide for as much additional leave of absence, paid or unpaid,
6as it deems appropriate and during this leave the employee may
7return to the person’s position without suffering any loss of status
8or benefits. The employee shall be notified, in writing, that
9available paid leave has been exhausted, and shall be offered an
10opportunity to request additional leave.
12 of leave of absence, paid or unpaid, shall not be
13considered to be a break in service of the employee.
14During all paid leavesend delete
15of absence, whether industrial accident
16leave as provided in this section, sick leave, vacation, compensated
begin delete offend delete or other available leave provided by law or the action
18of a governing board, the employee shall endorse to the district
19wage loss benefit checks received under the workers’ compensation
20laws of this state. The district, in turn, shall issue the employee
21appropriate warrants for payment of wages or salary and shall
22deduct normal retirement and other authorized contributions.
23Reduction of entitlement to leave shall be made only in accordance
24with this section.
26 all available leaves of absence, paid or unpaid, have
27been exhausted and if the employee is not medically able to assume
28the duties of the person’s position, the person shall, if not placed
29in another position, be placed on a reemployment list for a period
30of 39 months. When available, during the 39-month period, the
31person shall be employed in a vacant position in the class of the
32person’s previous assignment over all other available candidates
33except for a reemployment list established because of lack of work
34or lack of funds, in which case the person shall be listed in
35accordance with appropriate seniority regulations.
37 governing board may require that an
38employee serve or have served continuously a specified period of
39time with the district before the benefits provided by this section
40are made available to the person provided that this period shall not
P4 1exceed three years and that all service of an employee prior to the
2effective date of this section shall be credited in determining
3compliance with the requirement.
4Any employee receiving benefits as a result of this section shall,
5during periods of injury or illness, remain within the State of
6California unless the governing board authorizes travel outside the
the absence of rules and regulations adopted by the
begin delete board,end delete pursuant to this section, an
11employee shall be entitled to industrial and accident or illness leave
12as provided in this section but without limitation as to the number
13of days of this leave and without any requirement of a specified
14period of service.
16 employee who has been placed on a reemployment
begin delete herein,end delete who has been medically released
18for return to duty and who fails to accept an appropriate assignment
19shall be dismissed.
21section shall apply to districts that have adopted the
22merit system in the same manner and effect as if it were a part of
23Article 6 (commencing with Section 45240)
begin delete of this chapterend delete.