Leaves of Absence

  • The following is an abbreviated explanation of Leaves of Absence. It is not a complete list; check your bargaining unit contract for complete leave details. It is important that the employee's surpervisor is notified for approval of any leave request. All employees are expected to follow the protocol listed in their union contracts concerning leaves. For more detail on Leaves of Absence, please refer to the Extended Leave Charts below or your union contract which can be found at the Labor Relations page.
    Note: During some leaves of absence, the employee receives full pay, for some leaves it is partial pay and many leaves of absence are unpaid. Health and welfare benefits are only provided when an employee is in full or partial pay status. An employee going on an unpaid leave of absence may be eligible to pay for benefits due to the Consolidated Omnibus Budget Reconciliation Act (COBRA). For information on COBRA benefits, contact the Benefits Office at (916) 971-7662. 
     

    Sick Leave

    Use To be used for employee's illness or injury.
    Guidelines: Employees who work less than full-time are entitled to a proportional amount of sick leave. Sick Leave accumulates from year to year. Proof of illness may be required.
    Employees
    All Bargaining Units
    Time Allowed
    Full-time Employees:
    Teamsters, CSEA, Confidential - 12 days/year
    SJTA - 10 days/year
    SJPEC, SJAA - 10-12 days/year
    Supervisors - 8 hours/month
    Other: Let your supervisor know you will be absent as soon as possible when you are sick. Fill out an Employee Absence Report the day you return to work.Paid: deducted from sick leave balance.

     

    Personal Necessity Leave

    Use To be used for emergency or personal matter.
    Guidelines: Cannot be used for a) recreation, b) other employment, c) work stoppage/strike, d) any illegal activity. An employee should make a reasonable effort not to schedule or use PN on Mondays or Fridays, or the day before or after a scheduled school recess or holiday period.
    Employees
    All Bargaining Units
    Time Allowed
    Teamsters: Up to 7 days/year
    CSEA, SJAA, Supervisors, Confidential: Up to 8 days/year
    SJTA, SJPEC: Up to 10 days/year
    Other: Give Supervisors 48 hours notice, unless in the case of an emergency. Fill out an Employee Absence Report as soon as you return to work.
    Paid: deducted from sick leave balance.

     

    Parental Leave (Pregnancy Disability)

    Use To be used if a female employee is disabled by pregnancy, childbirth or a related medical condition.
    Guidelines: Employee who is pregnant may continue in active employment as late into pregnancy as her health permits. Any disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery will be, for job-related purposes, a temporary disability and treated as sick leave.
    Employees
    All Bargaining Units
    Time Allowed
    Up to 4 months (88 workdays for full-time employees)
    Other: May be paid if using sick leave or unpaid.

     

    Parental Leave

    Use To be used for the birth of a child.
    Guidelines: Employee who is not on disability leave (above) will be granted, upon request, up to two days of paid leave to be taken at the time of the birth of his/her child. These days may be taken at the time of delivery of the child and/or at the time the mother and child leave the hospital.
    Employees
    All Bargaining Units except Confidential
    Time Allowed
    Up to 2 days
    Other: This leave shall not be deducted from sick leave.

     

    Parental Leave (Child Rearing)

    Use To be used in relation to child rearing.
    Guidelines: Permanent employees may request an unpaid parental leave to begin at any time between the commencement of the pregnancy and one year after the employee's child is born (two years for teachers). This may be in lieu of or in addition to the use of sick leave for physical disability relating to pregnancy.
    Employees
    CSEA, SJAA, SJPEC, SJTA, Transportation
    Time Allowed
    CSEA, SJPEC, Transportation- Up to 1 year
    SJAA, SJTA - Up to 2 years
    (SJPEC - Up to 2 years with approval of superintendent and Board of Education)
    Other: Unpaid

     

    Family Medical Leave Act (FMLA)

    Use
    • To care for a child after birth or placement with the employee for adoption or foster care;
    • To care for the employee's spouse, registered domestic partner, child or parent who has a serious health condition;
    • If the employee is unable to work due to his/her own serious health condition.
    • To address issues relating to a spouse, son, daughter or parent being called to active duty in the Armed Forces;
    • To care for a spouse, son, daughter, parent or next of kin who is a covered servicemember of the Armed Forces and who has incurred a serious injury or illness in the line of duty.
    Guidelines: Sick leave may only be used in accordance with collective bargaining agreements and/or applicable civil service laws, rules, and policies.
    Employees
    Employees with at least 12 months of service and at least 1,250 hours worked during the previous 12 months or a full time teacher.
    Time Allowed
    Up to 12 weeks per rolling 12 months except to care for an injured service member which is up to 26 weeks in a 12 month period.
    Other: See links below for leave of absence application and Certificate of Health Care Provider.
    May be paid if using sick leave or unpaid.

     

    Bereavement Leave

    Use To be used in the event of a death of any member of the employee's "immediate family".
    Guidelines: Bereavement leave is paid for employees who are in a paid status, and is not to exceed three days, unless an employee must travel beyond a 300 mile radius in connection with the bereavement, in which case the leave cannot exceed five days.
    Employees
    All employees
    Time Allowed
    3-5 days, depending on the distance needed to travel in connection with bereavement.
    Other: Refer to chart below and bargaining contract to determine which relatives are defined as "Immediate Family".
     
     

    Immediate Family Definition by Bargaining Unit

    ConfidentialImmediate family is defined as mother, father, grandmother, grandfather, or a grandchild of the employee or the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, or any relative living in the immediate household of the employee
    CSEAImmediate family is defined as the following relatives of employee or the spouse of the employee: Mother, father, grandmother, grandfather, brother, sister, son, son-in-law, daughter, daughter-in-law, foster parents, foster children and grandchildren, brother-in-law or sister-in-law of employee, aunt, uncle, or any relative living in the household of the employee.
    SJAAImmediate family is defined as mother, father, grandmother, grandfather, or a grandchild of the employee or the spouse of the employee, and the spouse, foster children/grandchildren, foster parents, brother-in-law, sister-in-law, son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, or any relative living in the immediate household of the employee.
    SJPECImmediate family include the employee's spouse, and the employee's or spouse's children (natural, step, foster or adopted), parents, grandparents, grandchildren, siblings or any relative living in the immediate household of the employee. "Spouse" also means a person's registered domestic partner pursuant to California law.
    SJTAImmediate family is defined as the following relatives of the employee, or of the spouse of the employee: Mother, father, grandmother, grandfather, brother, sister, son, son-in-law, daughter, daughter-in-law, foster parents, foster children and grandchildren, or a brother-in-law or sister-in-law of an employee, or any relative living in the household of the employee.
    SupervisorImmediate family is defined as the following relatives of employee or the spouse of the employee: Mother, father, grandmother, grandfather, brother, sister, son, son-in-law, daughter, daughter-in-law, foster parents, foster children and grandchildren, brother-in-law or sister-in-law of employee, or any relative living in the household of the employee.
    TransportationImmediate family is defined as the following relatives of employee or the spouse of the employee or domestic partner: Mother, father, grandmother, grandfather, aunts, uncles, brother, sister, son, son-in-law, daughter, daughter-in-law, foster parents, foster children and grandchildren, brother-in-law or sister-in-law of employee, or any relative living in the household of the employee.
     
     

    Jury Duty

    Use For an employee who is called to appear for jury duty.
    Guidelines: Employee in a paid status will be paid at regular rate of pay for as many days as required to fulfill his/her duty under the law.
    Employees
    All Bargaining Units
    Time Allowed
    As required by court proceedings.
    Other: May require verification of jury duty prior to or after jury duty leave.
    Paid.
     
     

    Extended Sick Leave

    Use To be used after exhaustion of regular sick leave.
    Guidelines: Proper medical verification turned into Human Resources. Work with Human Resources and your supervisor.
    Employees All Bargaining Units
    Time Allowed
    CSEA, Confidential, Teamsters, SJPEC, and Supervisors - Not to exceed a balance of 100 days at half salary (up to 100 days minus sick leave accrual).
    SJTA, SJAA - Up to 5 months at salary minus substitute's pay.
    Other: Partial pay

     
     

    Catastrophic Sick Leave

    Use To be used with Extended Sick Leave so that a permanent employee who suffers a catastrophic illness can receive full pay during the extended sick leave period.
    Guidelines: Employees must have donated at least one day of sick leave or vacation per work year to the catastrophic sick leave bank to be eligible. Employee must have used all available regular sick leave, vacation, compensatory time off and personal necessity, and cannot use Catastrophic Sick Leave for a stress-related illness.
    Employees
    Permanent employees who have donated to sick leave bank. Employees will have their request reviewed by the sick leave bank committee for their bargaining unit.
    Time Allowed
    Cannot exceed 100 days.
    Other: Contact Human Resources to find out when donations of sick leave are accepted.
     
     

    Industrial Accident or Illness to Leave

    Use To be used when the employee experiences a qualifying work-related illness or accident.
    Guidelines: This leave works with Workers' Compensation laws and is to be used instead of sick leave. Payment for this leave with Workers' Compensation shall not exceed normal wages.
    Employees
    All permanent employees with at least 12 months of service.
    Time Allowed
    Up to 60 days in a fiscal year for the same accident or illness.
    Other: When this leave is exhausted, the employee may then use sick leave, vacation or other paid leave.
    Paid.
     
     

    Terminal Illness Leave

    Use To be used when the employee has written verification from a doctor that an illness appears to be terminal.
    Guidelines: Employee shall be paid a full monthly salary not to exceed 12 months after the exhaustion of other accumulated sick leave benefits.
    Employees
    All employees except Confidential
    Time Allowed
    Up to 12 months
    Other: Paid.
     
     

    Critical Illness Leave

    Use To be used in the event of critical illness or injury to a member of the employee's immediate family.
    Guidelines: A physician's statement must be provided which indicates the nature of the illness or injury is "critical", indicating there is serious doubt concerning the survival of the patient.
    Employees
    All employees except Confidential and SJPEC
    Time Allowed
    3 days per critical illness or injury
    Other: Refer to contract to determine which relatives are defined as "Immediate Family".
    Paid.
     
     

    Military Leave

    Use For permanent employees who are ordered to military service.
    Guidelines: Employees are entitled to Military Leave as provided by state and federal laws, negotiated labor contracts, and board policy and regulations.
    Employees
    All bargaining units
    Time Allowed

    Other:
     
     
Last Modified on July 15, 2015