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HomeGovernment CodeDiv. 5Pt. 2.6Ch. 2.5Art. 3§ 19861 Sick Leave Absence Rules

§ 19861 Sick Leave Absence Rules

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 19861 Sick Leave Absence Rules

Key Takeaways

  • •If you miss work for 10 days or less in a month, your boss decides if you still get sick leave credit.
  • •If there's a special work agreement that says something different, that agreement wins—unless it needs money, then the government has to approve it first.

Example

You get sick and miss 5 days of work in one month.

Your boss gets to decide if those 5 days count against your sick leave or not. If your work has a special rule saying you always get sick leave for short absences, that rule is followed instead—unless it costs extra money, then the government has to say it's okay.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 19861 Sick Leave Absence Rules

(a) It shall be within the discretion of the department to define the effect of an absence from the payroll of 10 working days or less in any calendar month upon credit for sick leave. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 1040, Sec. 37.)

Last verified: January 22, 2026

Key Terms

absence from the payroll10 working dayssick leavememorandum of understandingSection 3517.5Budget Act

Related Statutes

  • § 19856.1 Vacation Credit For Short Absences
  • § 19862 Sick Leave Accumulation Rules
  • § 19864 Employee Leave Without Pay
  • § 19866 Sick Leave Administration
  • § 19862.1 State Employee Sick Leave Credit

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 19861.
View Official Source