Sub/Hourly Sick Leave

NON-BARGAINING UNIT MEMBER SICK LEAVE

OVERVIEW:
 
On September 10, 2014, Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (commonly known as Assembly Bill 1522 or AB1522). This bill provides paid sick leave to non-bargaining unit employees of the district who do not normally earn sick leave. Non-bargaining unit employees typically include: substitutes, student workers, and employees not represented by HTA (Hemet Teachers' Association) or CSEA (California School Employees' Association).
 
Please review the Hemet USD AB 1522 Sick Leave Policy listed below for further details regarding AB 1522 entitlements, procedures, and the qualification process to begin earning and using sick leave.
 
IMPORTANT RESOURCES:
Please familiarize yourself with the following information:
 
 
 
VALID REASONS FOR USING AB1522 SICK LEAVE:
 
A) Diagnosis, care, or treatment of an existing health condition of, or preventative care for, the employee or an employee's family member.
 
     Family member means the following:
  1. Biological, adopted, or foster child, stepchild, legal ward or child to whom the employee stands in loco parentis, regardless of the child's age or dependency status.
  2. Biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered     domestic partner, or a person who stood in loco parentis when the employee was a minor child
  3. A spouse, registered domestic partner, grandparent, grandchild, or sibling.
 
B) Specified purposes for an employee who is a victim of domestic violence, sexual assault, or stalking.
 
HOW TO UTILIZE AB1522 SICK LEAVE:
 
Most employees will request use of their AB1522 sick leave entitlement by declining a job/assignment due to AB1522 sick leave when prompted by the district's call-in sub system Absence Management to fill a job/assignment and by adding the absence to their timecard.  In order to be paid for the AB 1522 sick leave entitlement, the job/assignment must be registered as a declination of assignment in Absence Management (due to AB1522 sick leave) and must be added to the employee's timecard (date, job# and AB 1522 must be noted).  Omission of the declination of the job/assignment in Absence Management (due to AB1522 sick leave) and/or omission of the use of AB1522 sick leave on the employee's timecard will result in the sick leave not being paid to the employee. 
 
Non-bargaining unit employees in a multiple day assignment are expected to give reasonable notice of their absence when the absence is foreseeable.  If the absence is not foreseeable, the employee will give notice as soon as reasonably possible.  Day-to-day subs cannot retroactively request use of paid sick leave, and are only able to request paid sick leave when offered a job/assignment. 
 
Some jobs/assignments are not offered through Absence Management.  Please pay close attention to the notable exceptions below:
 
Nutrition Services:  Substitute Nutrition Services employees will be contacted by Delores Naus at (951) 765-5100 ext. 5301 for available assignments. At the time a job/assignment is offered, an employee will have the option to decline an assignment due to AB1522 sick leave.  In the case of long-term sub assignment, the sub will need to give reasonable notice to Bonnie when the absence is foreseeable. 
 
Special Education: Substitute IA, IASH, and IBIA employees will be contacted by Sarah Johnson at (951) 765-5100 ext. 4002 for available assignments.  At the time a sub position is offered, the employee will have the option to decline an assignment due to AB1522 sick leave.  In the case of a long-term assignment, the sub will need to give reasonable notice to Karen when the absence is foreseeable.
 
SAFE:  Substitute SAFE employees will be contacted by Gabrielle Ford at (951) 658-3538 for available assignments.  At the time a sub position is offered, the employee will have the option to decline an assignment due to AB1522 sick leave.
 
Student Workers/AVID Tutors:  Will report their absence to their supervisor to utilize AB1522 sick leave. Absences must added to the employee's timecard and signed off by the employee's immediate supervisor.
 
Transportation:  If you are scheduled on the posted schedule to work the following day, and you call in to report an absence the day you are scheduled, you can request to utilize AB1522 sick leave. If you are contacted by phone and offered work, and you decline, you may also utilize paid sick leave. As a reminder, sick leave may only be used if it follows the Reasons for Absence Under AB1522 Sick Leave (listed above). Note: All requests for sick leave must be submitted on the leave request form immediately following your absence as stated in the Transportation Department Handbook. AB1522 sick leave hours will only be reported on your timesheet once the required leave form is received.  Verbal notification alone is not sufficient. Failure to turn in the leave request form may result in your sick leave not being processed by Payroll. The amount of sick leave paid will be determined by the length of the route you were assigned to.
 
Walk-on Coaches/Advisors: are paid a stipend for their season/assignment.  As part of the stipend they receive, coaches/advisors will be entitled to up to 15 hours of AB1522 sick leave.  This leave will not accrue and is only available during the season/assignment.  The use of paid sick leave will not increase the amount of the stipend owed to the employee.  Walk-on Coach/Advisor Policy.
 
PROTECTION FROM RETALIATION

Provisions of the law prohibit an employer from denying an employee the right to use the paid sick leave, discharging, threatening to discharge, demoting, suspending, or in any manner discriminating against an employee. There is a rebuttable presumption of unlawful retaliation if the employer acts in a manner described above within 30 days of the employee’s request for leave or other protected activity.

 

Need assistance with Absence Management?  Please contact Lilia Villegas by calling (951) 765-5100 ext. 2204.