Government Code sections 19859-19868.3 and Rules 599.745-599.751.

DPA Rule

An employee may appeal to DPA the failure or refusal of the appointing power to approve a request for sick leave (Rule 599.751).

Notice Required By Appointing Power

No specific notice required. The employee would be aware of failure or refusal of appointing power to approve request for sick leave.

Time Limits

Thirty days from the date of the failure or refusal. The time limit may be extended 30 days if good cause for the delay is shown (Rule 599.904).

Type of Hearing

The appeal is handled internally by DPA staff.

Issues

Whether absence was necessary because of one of the enumerated reasons in Rule 599.745. Whether employee presented substantiating evidence when requested to do so pursuant to Rule 599.749. Whether appointing power was reasonable in requiring substantiating evidence and/or refusing to accept the substantiating evidence supplied pursuant to Rule 599.749.

Contract Variations

All of the existing contracts contain unique provisions regarding sick leave.

Updated October 31, 2007 at 11:44 AM.