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Cal. Educ. Code § 44979

Resignations, Dismissals, and Leaves of Absence

Redline — January 1, 2011 → current.View current text →
Current — January 1, 2025
As of January 1, 2011
Any certificated employee of any school district who has been an employee of that district for a period of one school year or more and who accepts a position requiring certification qualifications in another school district or community college district at any time during the second or any succeeding school year of his or her employment with the first school district, or who, within the school year succeeding the school year in which employment is terminated, signifies acceptance of his or her election or employment in a position requiring certification qualifications in another school district or community college district, shall have transferred with him or her to the second district the total amount of leave of absence for illness or injury to which he or she is entitled under Section 44978. The State Board of Education shall adopt rules and regulations prescribing the manner in which the first district shall certify to the second district the total amount of leave of absence for illness or injury to be transferred. No governing board shall adopt any policy or rule, written or unwritten, which requires any certificated employee transferring to its district to waive any part or all of the leave of absence which he or she may be entitled to have transferred in accordance with this section.
(a) A certificated employee of a school district, county office of education, or state special school who has been an employee of that employing entity for a period of one school year or more and who accepts a position requiring certification qualifications with another school district, county office of education, state special school, or community college district shall have the total number of days of leave of absence for illness or injury that the employee has accumulated with the first employing entity pursuant to Section 44978 transferred to the subsequent employing entity. The subsequent employing entity shall honor a transfer request made at any time during the certificated employee’s employment with that school district, community college district, county office of education, or state special school.
(b) The former employing school district, county office of education, or state special school shall provide all of the following information in responding to a request for the transfer of accumulated leave of absence for illness or injury from the subsequent employing entity:
(1) The name and identification number for the employee requesting the transfer.
(2) The contact information for that former employing entity.
(3) The time period of the service, including start date and end date, for the employee requesting the transfer.
(4) The number of days of leave of absence, including any fraction thereof, for illness or injury to be transferred based on the former employing entity’s workday.
(5) The contact information for the subsequent employing entity.
(6) The signature of the person completing and verifying the accuracy of the information provided pursuant to this subdivision, including that person’s name, title, and contact information.
(c) A school district, community college district, county office of education, or state special school shall not adopt a policy or rule, written or unwritten, that requires a certificated employee transferring to that school district, community college district, county office of education, or state special school to waive any part or all of the leave of absence that the certificated employee may be entitled to have transferred pursuant to this section.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.