A hearing was held on May 11, 2012 in Delano, California before Karla Broussard-Boyd, Administrative Law Judge (ALJ), Department of Personnel Administration (DPA).  Appellant was not present.  Richard Rojas, Union Representative, Service Employees International Union Local 1000, appeared on behalf of appellant.  Penny Cascio, Medical Employee Relations Officer, represented the California Department of Corrections and Rehabilitation, North Kern Valley State Prison, California Correctional Health Care Services, respondent.

California Government Code section 19859(a) entitles each employee to sick leave with pay, on the submission of satisfactory proof of the necessity for sick leave as provided by department rule.  An employee may file an appeal with DPA if the appointing power denies a request for paid sick leave.  Respondent notified appellant her request for sick leave of February 12, 2012 was denied.  Appellant filed an appeal with DPA on March 8, 2012.  The appeal complies with the procedural requirements of Government Code sections 19859 et seq. 

1. Does DPA have jurisdiction over appellant’s claim she was denied sick leave?

The evidence established the following facts by a preponderance of the evidence:

 

Appellant began her career with the State of California on January 2, 2007.  On January 18, 2012, she was appointed to the position of Dental Assistant at respondent’s North Kern Valley State Prison.  Appellant appealed to DPA because she was denied one day of sick leave on February 12, 2012.  At the time of the sick leave denial, appellant did not have any sick leave credits available.

California Government Code section 19859(a) mandates that each state officer and employee who is employed full time shall be allowed one day of credit for sick leave with pay.  Thereafter, for each additional calendar month of service, [o]ne day of credit for sick leave with pay shall be allowed.  Because appellant exhausted all of her accrued sick leave credits prior to respondent’s sick leave denial, she has no basis for appeal.  As a matter of law, without available sick leave credits, DPA does not have jurisdiction over the appeal. 

 

Furthermore, appellant has the burden of proof in these matters and must prove by a preponderance of the evidence each material fact as to why her request for sick leave should have been approved.  (Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826.)  The party who bears the burden of proof has the general burden of coming forward with a prima facie case.  (Director, Office of Workers' Compensation Programs, Dept. of Labor  v. Greenwich Collieries (1994) 512 U.S. 267.)  Because appellant failed to appear at the hearing, it was legally impossible to meet her burden of proof.

The Department of Personnel Administration does not have jurisdiction over appellant’s denial of sick leave appeal.