2009 California Government Code - Section 19878-19885 :: Article 5. Nonindustrial Disability Leave

19878.  As used in this article:
   (a) "Employee" means any of the following:
   (1) A permanent or probationary full-time state officer or
employee, regardless of period of service, who is a member of the
Public Employees' Retirement System or the State Teachers' Retirement
System in compensated employment on and after October 1, 1976.
Commencing January 1, 1979, it also means a full-time state officer
or employee, whether or not a member of such systems, who is an
employee of the Legislature and is not a member of the civil service.
   (2) A permanent or probationary part-time or intermittent state
officer or employee, with at least the equivalent of six monthly
compensated pay periods of service in the 18 months of pay periods
immediately preceding the pay period in which the disability begins,
who is a member of the Public Employees' Retirement System or the
State Teachers' Retirement System, in compensated employment on or
after January 1, 1979, or a part-time or intermittent employee of the
Legislature, whether or not a member of the Public Employees'
Retirement System, in compensated employment on or after January 1,
1984.
   (b) "Full pay" means the gross base salary earnable by the
employee, and subject to retirement contribution on the date of the
commencement of his or her disability.
   (c) "Disability" or "disabled" includes mental or physical illness
and mental or physical injury, including any illness or injury
resulting from pregnancy, childbirth, or related medical condition.
An employee is deemed disabled on any day in which, because of his or
her physical, mental, or medical condition, he or she is unable to
perform his or her regular or customary work.
   (d) "Disability benefit period", with respect to any individual,
means the continuous period of disability beginning with the first
day with respect to which the individual files a valid claim for
nonindustrial disability benefits. For the purposes of this article,
two consecutive periods of disability due to the same or related
cause or condition and separated by a period of not more than 14 days
shall be considered as one disability benefit period.
   (e) "Appeals board" means the California Unemployment Insurance
Appeals Board.
   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 such 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.

19879.  (a) When an employee is disabled, whether temporarily or
permanently, the employee shall become entitled, subject to the
provisions of this article, to receive nonindustrial disability
benefits in an amount equal to one-half full pay, but not to exceed
one hundred twenty-five dollars ($125) per week, payable monthly for
a period not exceeding 26 weeks for any one disability benefit
period, but in no case shall benefits be payable for any day on and
after death or separation or retirement from state service.
   (b) For purposes of this section, the "full pay" of a part-time or
intermittent employee only shall be established in accordance with
the following:
   (1) Where the part-time employment is regularly scheduled and is a
fixed proportion of the established workweek, the payments shall be
determined on the basis of that proportionate part of the monthly
rate.
   (2) Where employment is intermittent or irregular, the payments
shall be determined on the basis of the proportionate part of a
monthly rate established by the total hours actually employed in the
18 monthly pay periods immediately preceding the pay period in which
the disability begins as compared to the regular rate for a full-time
employee in the same group or class.
   (c) If the provisions of this section 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 such 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.
   (d) This section shall also apply to employees who are either
excluded from the definition of a state employee in subdivision (c)
of Section 3513, or are nonelected officers or employees of the
executive branch of government who are not members of the civil
service, except that the maximum weekly payment shall be established
by regulation adopted by the department.

19879.1.  (a) For the purpose of this section, an eligible employee
is an employee defined by Section 19858.3.
   (b) Notwithstanding any other provision of this article, an
eligible employee who has enrolled in the annual leave program under
Article 2.5 (commencing with Section 19858.3) shall receive
nonindustrial disability leave benefits in accordance with all of the
following:
   (1) A disabled employee shall be eligible to receive Nonindustrial
Disability Insurance benefits in an amount equal to one-half full
pay, 50 percent of gross salary.
   (2) A disabled employee shall be eligible to receive Nonindustrial
Disability Insurance benefits without being required to use any sick
leave accrued under Article 3 (commencing with Section 19859) or
annual leave accrued under Article 2.5 (commencing with Section
19858.3) unless the employee, in his or her sole discretion, elects
to use sick leave or annual leave in lieu of receiving benefits.
   (3) If the employee elects to use sick leave or annual leave
credits prior to receiving Nonindustrial Disability Insurance
payments, he or she shall not be required to exhaust the accrued
leave balance.
   (4) Following the start of Nonindustrial Disability Insurance
payments, an employee may at any time change from the receipt of
Nonindustrial Disability Insurance payments to the utilization of
sick leave or annual leave. Once this election is made, the employee
may not recommence receiving Nonindustrial Disability Insurance
payments until that leave is exhausted.
   (5) In accordance with the state's return to work policy, an
employee who is eligible to receive Nonindustrial Disability
Insurance benefits and who is medically certified as unable to return
to his or her full-time work during the period of his or her
disability, may, with medical approval, and at the discretion of his
or her appointing power, work up to the number of hours, in hour
increments, which when combined with his or her Nonindustrial
Disability Insurance benefits will result in a salary that does not
exceed 100 percent of his or her regular full pay.
   (6) If an employee refuses to return to work in a position offered
by the employer under the state's Injured State Worker Assistance
Program, Nonindustrial Disability Insurance benefits shall be
terminated effective as of the date of the offer.
   (7) An employee may with his or her department head's approval
elect to supplement Nonindustrial Disability Insurance benefits with
sick or annual leave up to 100 percent of his or her regular full
pay.

19880.  A disabled employee is eligible to receive nonindustrial
disability benefits under this article equal to one-seventh of his or
her weekly benefit amount specified in Section 19879 for each full
day during which he or she is unemployed due to a disability only if
the Director of Employment Development finds that:
   (a) He or she has made a claim for disability benefits as required
by authorized regulations.
   (b) He or she has been disabled for a waiting period of seven
consecutive days during each disability benefit period, with respect
to which waiting period no benefits under this article are payable,
except for confinement in a hospital or nursing home for at least one
day.
   (c) He or she has exhausted all the leave to which he or she was
entitled under Article 3 (commencing with Section 19859). A person
who elects to use vacation credits or sick leave credits prior to
receiving nonindustrial disability benefits is not required to
exhaust the leave, as described in this subdivision, if he or she is
a permanent employee who meets any of the following criteria:
   (1) Is excluded from the definition of state employee contained in
subdivision (c) of Section 3513.
   (2) Is a nonelected officer or employee of the executive branch of
state government and is not a member of the civil service.
   (d) Except for an individual described in Section 2709 of the
Unemployment Insurance Code, he or she has submitted to any
reasonable examinations as the Director of Employment Development may
require for the purpose of determining his or her mental or physical
disability.
   (e) He or she has filed a certificate described in Section 2708 or
2709 of the Unemployment Insurance Code.
   (f) Except as otherwise provided, he or she meets, in all other
respects, the eligibility requirements imposed on individuals by Part
2 (commencing with Section 2601) of Division 1 of the Unemployment
Insurance Code for receipt of unemployment compensation disability
benefits.
   In case of any conflict between Part 2 (commencing with Section
2601) of the Unemployment Insurance Code and this chapter, this
chapter shall prevail.
   If the provisions of this section 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.

19880.1.  (a) A disabled employee shall be eligible to receive
nonindustrial disability benefits under this article without being
required to use any vacation leave accrued under Article 2
(commencing with Section 19856) of this part, unless the employee, in
his or her sole discretion, elects to use such vacation leave in
lieu of receiving benefits under this article, in which case benefits
under this article shall not commence until the employee has
exhausted such accrued vacation 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 such 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.

19881.  (a) An employee is not eligible for disability benefits
under this article with respect to any period for which the Director
of Employment Development finds that he or she has received or is
entitled to receive unemployment compensation benefits under Part 1
(commencing with Section 100) of Division 1 of the Unemployment
Insurance Code or under an unemployment compensation act of any other
state or of the federal government.
   (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 such 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.

19882.  (a) Except as provided in this section, an individual is not
eligible for disability benefits under this article for any day of
unemployment and disability for which he or she has received, or is
entitled to receive "other benefits" in the form of cash payments.
   (b) "Other benefits" as used in this section means:
   (1) Temporary disability indemnity under a workers' compensation
law of this state or of any other state or of the federal government
or under Article 4 (commencing with Section 19869) of this part.
   (2) Temporary disability benefits under any employer's liability
law of this state or of any other state or of the federal government.
   (c) If such "other benefits" are less than the amount an
individual would otherwise receive as disability benefits under this
article, he or she shall be entitled to receive, for such day, if
otherwise eligible, disability benefits under this article reduced by
the amount of such "other benefits." If after receipt of, or
determination of entitlement to receive, such other benefits, a claim
for disability benefits under this article is filed during the same
continuous period of disability, because of a disability for which a
claim for such other benefits was made, the maximum amount of
disability benefits payable under this article during the disability
benefit period thereby established shall be reduced by the amount of
such "other benefits" which the claimant has received or has been
determined to be entitled to receive.
   (d) 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 such 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.

19883.  (a) Discretionary deductions of the employee, including
those for coverage under a state health benefits plan in which the
employee is enrolled, shall be deducted from the disability benefits
under this article unless canceled by the employee. If an employee
deduction under a state health benefits plan is continued, the state
employer contribution shall also continue.
   An employee shall not receive service credit under the Public
Employees' Retirement System or the State Teachers' Retirement System
during the period of receipt of disability benefits under this
article and contributions to the Public Employees' Retirement System
or the State Teachers' Retirement System shall not be deducted. State
employer contributions shall also not be made to either system
during such period.
   An employee shall not accrue sick leave or vacation credit or
service credit for any other purpose during the period of receipt of
disability benefits under this article, except, when provided by a
rule or regulation adopted by the department, an employee receiving
nonindustrial disability insurance benefits pursuant to Section
19879.1 may accrue these credits to the extent that annual leave or
sick leave credits are used to supplement nonindustrial disability
insurance benefits.
   (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 such 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.

19884.  (a) Filing, determination, and payment of disability benefit
claims under this article shall be made in accordance with the
procedures prescribed by Article 4 (commencing with Section 2701) of
Chapter 2 of Part 2 of Division 1 of the Unemployment Insurance Code.
   (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 such 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.

19885.  The department shall adopt any rules and regulations
necessary for the administration of this article.
   The appointing power of any officer or employee of the
Legislature, who is not a member of the civil service, shall adopt
any rules and regulations necessary for the administration of this
article for such officers or employees.