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Lodi Unified School District

Policy 4242.6 - Catastrophic Leave Program

Series: 4000 - Personnel

Policy: 4242.6 - Catastrophic Leave Program

Adopted: 03/03/1992 

Last Revised: N/A

Download Policy 4242.6 - Catastrophic Leave PDF (English)

Download Rule 4242.6 - Catastrophic Leave PDF (English)

Catastrophic Leave Program

The Board of Education has determined that a Catastrophic Leave Program shall be developed for the benefit of permanent employees of the Lodi Unified School District.

Permanent employees will be permitted to donate eligible leave credits to other permanent employees of the District who have exhausted all leave entitlements. If an employee or a member of his/her family suffers from a catastrophic illness or injury, the employee may request eligible leave credits from he program.

The catastrophic leave program shall be developed by the Catastrophic Leave Committee. The committee shall be composed of representatives of employee organizations and management.

This committee shall develop appropriate rules and regulations for the administration of the Catastrophic Leave Program in accordance with Education Code section 44043.5


Indemnification of District

District employees who donate or receive eligible leave credits under the Catastrophic Leave Program shall specifically hold the District, its Board members, officers, trustees, employees and the program’s committee members harmless with respect to the Catastrophic Leave Program. The District’s Board of Education members, officers, trustees, employees and the program’s committee members shall not be responsible in any way nor held liable for the following actions, including but not limited to the development and administration of the Catastrophic Leave Program.

Legal References

Education Code 44043.5

The Catastrophic Leave Committee shall administer the Catastrophic Leave Program. The Committee will be composed of one representative from each of the employee organizations and management. Employee organization representatives will serve two year terms and may be reappointed by the organization. For purposes of administering the Catastrophic Leave Program, the following definitions shall apply:

Permanent Employee: A permanent employee is a classified or certificated employee who has served the required probationary period and achieved permanent status.

Eligible Leave Credits: Eligible leave credits are vacation leave and earned sick leave accrued to the donating employees.

Catastrophic Illness or Injury: A catastrophic illness or injury is a serious or life-threatening illness or injury expected to incapacitate the employee for an extended period of time and results in an inability to perform assigned duties or which incapacitates a member of the employee’s family and requires the presence of the employee for an extended period of time to care for the family member.

Family Member: For purposes of this policy, a family member is defined as a spouse, child or step-child, legally adopted child, mother or father, step-mother or step-father, or any relative living in the home of the employee for whom the employee has sole responsibility. The committee will give consideration to special circumstances.

Maximum Donation: A maximum donation is a contribution of eligible leave credits which would not normally exceed 1/10 of accrued leave; however, for example, a retiring employee may wish to contribute unused leave. Donations of eligible leave credits are irrevocable.

Minimum Donation: The minimum donation is one day of earned sick leave or vacation. A minimum donation is required in order to be eligible to draw from the Program, and the donation must be made prior to the onset of the catastrophic illness or injury.

Exhaustion of Leave Entitlement: The employee has exhausted all leave entitlement when all accrued paid leave including sick leave, vacation (Classified employees), supplemental sick leave and/or differential sick leave has been used.

The permanent employee who is, or whose family member is, suffering from a catastrophic illness or injury shall submit a written request for leave donation to the Catastrophic Leave Committee on a form provided by the Committee. The employee must have exhausted all entitlement to paid leave in order to be eligible for leave donations. Verification of the nature of the illness/disability, anticipated length of absence and prognosis for recovery must be provided by a medical doctor on a form developed and provided by the Committee. Reasons requiring the presence of the employee to care for a family member may be required. Further information such as information of financial hardship may be requested by the Committee.

Final determination of whether to grant the catastrophic leave will be made by a majority vote of the Catastrophic Leave Committee. Consideration will be given to whether the incapacitated employee has a permanent disability.

Catastrophic leave may be granted for a period not to exceed 12 consecutive months. Leave requests will be evaluated monthly. Pay will not be granted for any day the employee is not formally scheduled to work. An employee who receives paid levee pursuant to this policy shall use any leave credits that he or she continues to accrue on a monthly basis prior to receiving paid leave donated by other employees.

A statement regarding the availability of the Catastrophic Leave Program will be added to the annual statement of leave balances provided to all employees as well as information not the minimum donation required to participate in the Program.