Appeal of Denial of Sick Leave

Legal authority

Government Code sections 19859 through 19868.3 and Title, 2, California Code of Regulations, sections 599.745 (rank-and-file) through 599.751. (Section 599.745.1 pertains to excluded employees.)

Sick leave means the necessary absence from duty of an employee. The appointing power shall approve sick leave only after having ascertained that the absence was for an authorized reason and may require the employee to submit substantiating evidence including, but not limited to, a physician's certificate. If the appointing power does not consider the evidence adequate, the request for sick leave shall be disapproved.

An employee may file an appeal for the failure or refusal of the appointing power to approve a request for sick leave.

Timeline to file

Within 30 days from the date of the failure or refusal to grant sick leave. Filing of an appeal may be extended an additional 30 days after the end of the period in which the appeal should have been filed if the petitioner demonstrates good cause for a late filing (Title 2, California Code of Regulations, section 599.904). (See Gonzales v. SPB (1977) 76 Cal.App.3d 364.)

Type of hearing

A full evidentiary hearing is conducted by an Administrative Law Judge (ALJ). The proposed decision of the ALJ is accepted or rejected by the Director of the California Department of Human Resources.

Rank-and-file employees:  PLEASE REVIEW THE CURRENT BARGAINING UNIT MEMORANDUM OF UNDERSTANDING