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5.1 Sick Leave

  1. CalHR Rule 599.745 (a) through (d) regarding the definition of “sick leave” is superseded by the following:

    As used in this Section, “sick leave” means the necessary absence from duty of an employee because of:

    1. Illness or injury, including illness or injury relating to pregnancy.
    2. Exposure to a contagious disease.
    3. Dental, eye, and other physical or medical examination or treatment by a licensed practitioner.
    4. Absence from duty for attendance upon the employee’s ill or injured parent, spouse, (effective April 1, 2002, domestic partner as certified with the Secretary of State’s Office in accordance with AB 26 (Chapter 588, Statutes of 1999)), child, brother, sister, grandparent, mother-in-law, father-in-law, grandchild, foster parent, foster child, guardian, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepchild, adopted child, or any person residing in the immediate household, or to transport any of the above for the purpose listed in 3. above. Such absence shall not exceed eight (8) days per year.
  2. A full-time employee who has eleven (11) or more working days of service in a monthly pay period shall accrue eight (8) hours of sick leave credit, except that when an absence from State service resulting from a temporary or permanent separation for more than eleven consecutive working days falls into two consecutive qualifying pay period, the second pay period shall be disqualified.
  3. A full-time employee whose continuity of employment is broken by a permanent separation of six (6) months or longer and is subsequently reemployed cannot be credited with any unused sick leave accumulated prior to the employee’s separation and the full-time employee must complete one month of continuous service before being granted one day of sick leave credit. In addition, when an employee has a break in the continuity of employment because of a permanent separation of less than six (6) months or because of a temporary separation, the employee’s prior unused sick leave balance is restored.
  4. CalHR Rule 599.749 regarding sick leave usage is superseded by the following:
    1. The department head or designee may require the employee to submit a physician’s or licensed practitioner’s certificate if:
      1. The employee is absent on sick leave for more than two consecutive work days; or
      2. The supervisor has good cause to believe the employee’s use of sick leave is improper and the employee is notified in advance (at the beginning of the work day for which sick leave is requested or sooner) that the physician’s or licensed practitioner’s certificate may be required.
    2. The department head or designee may deny sick leave if the certificate is not provided or sick leave was taken under false pretenses.