1. (a) “Sick leave” means the necessary absence from duty of an excluded employee because of:

   1. (1) Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee's family member, which means any of the following:

      1. (a) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
      2. (b) A 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. (c) A spouse.
      4. (d) A registered domestic partner.
      5. (e) A grandparent.
      6. (f) A grandchild.
      7. (g) A sibling.
      8. (h) Any person residing in the immediate household of the excluded employee.
   2. (2) Illness or injury.
   3. (3) Exposure to contagious disease.
   4. (4) Dental, eye, and other physical or medical examination or treatment by a licensed practitioner.
   5. (5) Reasons specified in Labor Code section 233 or 246.5, when the employee has been a victim of domestic violence, sexual assault, or stalking.
   6. (6) The death of an employee's family member. Each absence shall not exceed five days of accrued sick leave.
2. (b) “Absence for sick leave” means the time the excluded employee is absent from work due to a valid sick leave reason, as described above, and may be for a minimum of thirty minutes.
3. (c) Unless otherwise provided, the amount of sick leave used for the reasons specified above shall not be limited.

An excluded employee is defined in section 599.615(b) of these regulations.

Note: Authority cited: Sections 3539.5, 18502, 19815.4(d), 19859 and 19860, Government Code. Reference: Section 19859, Government Code.

History

1. New section filed by the Department of Personnel Administration with the Secretary of State on 9-20-85; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 85, No. 41).

2. Amendment filed by the Department of Personnel Administration with the Secretary of State on 11-1-88; operative 11-1-88. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 52).

3. Change without regulatory effect amending section heading, section, and Note filed 6-29-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 27).

4. Editorial correction of opening sentence (Register 95, No. 21).

5. Change without regulatory effect amending first paragraph, subsection (b) and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

6. Amendment filed 2-14-2023; operative 2-14-2023. Submitted to OAL for filing and printing only pursuant to Government Code section 3539.5 (Register 2023, No. 7).