4061.2 – Personnel – All Personnel – Personal Leaves

Policy –
Regulation – x
Exhibit –

Adopted – 7/16/1998
Revised –
Whenever possible, employees shall request personal leaves in advance and prepare suitable lesson plans or instructions for a substitute employee.

Bereavement

Employees are entitled to a leave of up to three days, or five days if out-of-state travel is required, upon the death of any member of the employee’s immediate family. No deduction shall be made from the employee’s salary, nor shall such leave be deducted from any other leave to which the employee is entitled. (Education Code 44985, 45194)

At the employee’s request, bereavement leave may be extended under personal necessity leave provisions. (Education Code 44981, 45207)

Members of the immediate family shall include: the mother, father, grandmother, grandfather, or grandchild of the employee or the employee’s spouse; the employee’s spouse, son, son-in-law, daughter, daughter-in-law, brother, or sister; or any relative living in the employee’s immediate household. (Education Code 44985, 45194)

At his/her discretion, the Superintendent or designee may grant additional unpaid bereavement leave.

Personal Necessity

Employees may use up to seven days of their accrued sick leave during each contract year for reasons of personal necessity. (Education Code 44981, 45207)

Acceptable reasons for the use of personal necessity leave include:

1. Death of a member of the immediate family when the number of days of absence exceeds the limits set by bereavement leave provisions. (EC 44981, 45207)
2. An accident involving the employee’s person or property or the person or property of a member of the immediate family. (Education Code 44981, 45207)
3. A serious illness of a member of the employee’s immediate family. (EC 44981)
4. Required court appearance. (Education Code 45207)
5. Fire, flood, or other immediate danger to the home of the employee.
6. Personal business of a serious nature which the employee cannot disregard.

Leave for personal necessity may be allowed for other reasons at the discretion of the Superintendent or designee. However, no such leave shall be granted for purposes of personal convenience, for the extension of a holiday or vacation, or for matters which can be taken care of outside of working hours. The Superintendent or designee shall have final discretion as to whether a request reflects true personal necessity.

The employee shall request advance permission for personal necessity leave, except in urgent situations such as the death or serious illness of a member of the immediate family or an accident involving the employee’s person or property or the person or property of a member of the immediate family.

After any absence due to personal necessity, the employee shall verify the absence by submitting a completed and signed district absence form to his/her immediate supervisor. (EC 44981 & 45207)

Personal Leave for School Activities

Any employee who is a parent, guardian or grandparent having custody of one or more children in grades K-12 may use up to 40 hours of personal leave, vacation or compensatory time off each school year in order to participate in school activities. Such leave shall not exceed eight hours in any month of the school year, and the employee shall give reasonable advance notice of the absence. If both parents of a child are employed at the same work site, this leave shall be allowed for the first parent who applies; simultaneous absence by the second parent may be granted by the Superintendent or designee. (Labor Code 230.8)

The employee shall use existing vacation, personal leave or compensatory time off for purposes of this leave and shall provide documentation from the school upon request to prove that he/she participated in school activities at the time of the leave. (Labor Code 230.8)

In lieu of using vacation, personal leave or compensatory time off, eligible employees giving reasonable advance notice may take up to 40 hours without pay each school year for this purpose, not to exceed eight hours in any month.

Legal and Civic Duties

Employees shall be granted leave with pay to appear in court as jurors and may be granted leave to appear in court as witnesses other than litigants. (Education Code 44036, 44037)

The employee shall turn over to the district any jury or witness fees received. (Education Code 44036)

Notices, summons and subpoenas for court appearances shall be submitted to the district office when requesting leave.

Employees shall be granted up to 20 days of paid leave per year for service performed within the state on any boards, commissions, committees or groups authorized by Education Code 44987.3, provided the organization informs the district of the service and reimburses the district upon request for compensation paid to the employee’s substitute and for actual related administrative costs. (Education Code 44987.3)

EC 44036-037, 44963, 44981, 44985, EC 44987.3, 45190, 45194, 45198, 45207; LABOR CODE 230.8, CONSTITUTION OF STATE OF CALIF. Article I, Section 8-Religious Discrimination; TITLE VII, CIVIL RIGHTS ACT OF 1964, Section 703(a)(1).
CSBA Date – 2/95

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