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WHITTIER UNION HIGH SCHOOL DISTRICT
Whittier, California
CATASTROPHIC LEAVE PROGRAM
Board 9-9-08
BP 4161.9 classified
BP 4261.9 certificated
When a catastrophic illness or injury incapacitates an employee or a member of his/her
family for an extended period of time and the employee has exhausted all paid leaves of
absence, other employees may donate accrued vacation and/or sick leave credits to that
employee under the specific requirements of the District's Catastrophic Leave Program.
Donations made under the Catastrophic Leave Program shall be strictly voluntary.
Legal Reference:
EDUCATION CODE
44043.5 Catastrophic Leave

WHITTIER UNION HIGH SCHOOL DISTRICT
Whittier, California
CATASTROPHIC LEAVE PROGRAM
Admin Reg. 9-9-08
I. Creation
AR 4161.9 classified
AR 4261.9 certificated
1. The Associations and the District agree to create the WSEA/CSEA
Catastrophic Leave Bank effective November 1, 2003. The Catastrophic
Leave Bank shall be funded in accordance with the terms of Section 2 below.
2. Days in the Catastrophic Leave Bank shall accumulate from year to year.
3. Days shall be contributed to the Bank and withdrawn from the Bank without
regard to the daily rate of pay of the Catastrophic Leave Bank participant.
4. A joint committee comprised of two members appointed by the Association
and the Assistant Superintendent, Personnel Services, or designee, shall
administer the Catastrophic Leave Bank.
II. Eligibility and Contributions
1. All unit members on active duty with the District are eligible to contribute to
the Catastrophic Leave Bank.
2. Participation is voluntary, but requires contribution to the Bank. Only
contributors will be permitted to withdraw from the Bank.
3. Unit members who elect not to join the Catastrophic Leave Bank upon first
becoming eligible have a waiting period of 30 duty days after joining the Bank
before becoming eligible to withdraw from the Bank. The enrollment period
will be September 1 to September 30 each school year.
4. The contribution, on the appropriate form, will be authorized by the unit
member and continued from year to year until cancelled by the unit member.
5. Cancellation occurs automatically whenever a unit member fails to make
his/her annual contribution or assessment.
Cancellation, on the proper form, may be effected at any time and the unit
member shall be eligible to draw from the Bank until the effective date of
cancellation. Sick leave previously authorized for contribution to the Bank
shall not be returned if the unit member effects cancellation.

WHITTIER UNION HIGH SCHOOL DISTRICT
Whittier, California
CATASTROPHIC LEAVE PROGRAM (Continued)
II. Eligibility and Contributions (Continued)
AR 4161.9 classified
AR 4261.9 certificated
6. Contributions shall be made during September of each school year. Unit
members returning from extended leave which included the enrollment period
and new hires will be permitted to contribute within 30 calendar days of
beginning work. The District shall supply enrollment forms for the
Catastrophic Leave Bank to all new unit members and those unit members
returning from leave.
7. The annual rate of contribution by each participating unit member for each
school year shall be one (1) day of sick leave which shall be deemed to equate
to the legal minimum required by Education Code 44043.5.
a. An additional day of contribution will be required of participants if the
committee determines that the Bank is below 300 days after enrollment
and retiree solicitation. Catastrophic Leave Bank participants who are
drawing from the Bank at the time of the assessment will not be required
to contribute to remain eligible to draw from the Bank. If a Catastrophic
Leave Bank participant has no remaining sick leave at the time of the
assessment, they need not contribute the additional day to remain a
participant in the Catastrophic Leave Bank.
b. If the committee determines that the number of days in the Bank at the
beginning of the school year are more than adequate and exceed the
anticipated needs of the members, no contribution shall be required of
returning unit members. Those unit members joining the Catastrophic
Leave Bank for the first time and those returning from leave shall be
required to contribute one day to the Bank.
8. Unit members who are retiring or leaving the employ of the District may
contribute their unused sick leave to the Catastrophic Leave Bank.
III. Withdrawal from the Catastrophic Leave Bank
1. Catastrophic Leave Bank participants, whose sick leave is exhausted, may
withdraw from the Bank of Catastrophic Illness or Injury. Catastrophic
illness or injury shall be defined as any illness or injury that incapacitates the
unit member for over ten (10) consecutive days or incapacitates a member of

the unit member's family for over ten (10) consecutive duty days which
requires that the unit member to take time off work to care for that family
member. The ten (10) duty day and five (5) duty day requirement may be
met with non-consecutive absences if doctor prescribed treatment/recovery is
non-consecutive. (E.g. radiation treatment 1 or 2 days a week.) If a
reoccurrence or a second illness or injury incapacitates a unit member or a
member of a unit member's family within twelve (12) months, it shall be
deemed catastrophic after five (5) consecutive duty days.

WHITTIER UNION HIGH SCHOOL DISTRICT
Whittier, California
CATASTROPHIC LEAVE PROGRAM (Continued)
III. Withdrawal from the Catastrophic Leave Bank (Continued)
AR 4161.9 classified
AR 4261.9 certificated
2. Participants must use all sick leave (but, not differential leave) as defined in
the Leave Article, available to them before becoming eligible for a
withdrawal from the Bank.
3. Participants who have exhausted sick leave, but still have differential leave
available are eligible for a withdrawal from the Catastrophic Leave Bank.
The District shall pay the participant full pay and the Bank shall be charged
one-half (1/2) day.
4. Withdrawals from the Catastrophic Leave Bank shall be granted in units of
no more than thirty (30) duty days. Participants may submit requests for
extensions of withdrawals as their prior grants expire. A participant's
withdrawal from the Bank may not exceed the statutory maximum period of
twelve (12) consecutive months. Days granted by the committee need not be
used as consecutive days if prescribed treatment is non-consecutive.
5. Participants applying to withdraw from the Catastrophic Leave Bank will be
required to submit a doctor's statement indicating the nature of illness or
injury and the probable length of absence from work. This information shall
be kept confidential.
6. If a participant is incapacitated, the participant's agent or member of the
participant's family may submit applications to the committee.
7. If a participant has drawn thirty (30) Catastrophic Leave Bank days and
requests an extension, the committee may request a second medical opinion
with a mutually agreed physician under the District offered insurance policy.
Refusal to submit to the medical review will terminate the participant's
continued withdrawal from the Bank. The committee may deny an extension
of withdrawal from the Catastrophic Leave Bank based upon the medical
report. The participant may appeal any termination under the procedures
outlined in Section 3.12 below.

8. Leave from the Bank may not be used for illness or disability, which qualify
the participant for Worker's Compensation benefits unless the participant has
exhausted all Worker's Compensation Leave in coordination with his/her
own sick leave. Upon exhausting all sick leave benefits provided, the
participating member, upon approval of Catastrophic Leave, shall draw from
the Bank the equivalent hours per day that is applied to the employee's
portion. This provision enables the employee to remain in full paid status for
the duration of what would be equal to differential paid benefits.

WHITTIER UNION HIGH SCHOOL DISTRICT
Whittier, California
CATASTROPHIC LEAVE PROGRAM (Continued)
III. Withdrawal from the Catastrophic Leave Bank (Continued)
AR 4161.9 classified
AR 4261.9 certificated
9. If the Catastrophic Leave Bank does not have sufficient days to fund a
withdrawal request, neither the committee nor the District is under any
obligation to pay the participant any funds whatsoever. If the committee
denies a request for withdrawal because of insufficient days to fund the
request, they shall notify the participant in writing of the reason for the
denial.
10. Withdrawals and differential pay become effective immediately upon the
exhaustion of sick leave or the waiting periods provided for in Section 2.3
and 3.4, whichever is greater.
11. Catastrophic Leave Bank participants who are denied a withdrawal or whose
withdrawal is not renewed or terminated may, within 30 days of denial,
grieve the denial, non-renewal or termination. The participant shall be
deemed the grievant; the committee shall be the District. All other
provisions of the grievance procedure shall be interpreted in light of this.
12. The Association shall provide representation to a grieving participant, unless
the grievant refuses representation. If the participant's incapacitation does
not allow participation in this appeal process, the participant's agent or
member of the family may process the grievance.
IV. Administration of the Catastrophic Leave Bank
1. The District shall have the responsibility of maintaining the records,
receiving withdrawal requests, verifying the validity of requests and the
status of the requestors' sick leave, and communicating that information to
the Catastrophic Leave Bank Committee. The Catastrophic Leave Bank
Committee shall have the responsibility for approving or denying the
requests in total or any portion thereof. The employee can verify the records
at any time by making an appointment with the Personnel Office.
2. The committee's authority shall be limited to administration of the Bank. The
committee shall approve all properly submitted requests complying with terms
of this Article. Withdrawals may not be denied on the basis of the type of
illness or disability. In reviewing requests, the committee shall consider the

number of days requested, the number of individuals requesting withdrawals,
and the status of the credits in the Bank.

WHITTIER UNION HIGH SCHOOL DISTRICT
Whittier, California
CATASTROPHIC LEAVE PROGRAM (Continued)
IV. Administration of Catastrophic Leave Bank (Continued)
AR 4161.9 classified
AR 4261.9 certificated
3. Application shall be reviewed and decisions of the committee reported to the
applicant in writing within ten (10) duty days of receipt of the application.
4. The committee shall keep all records confidential and shall not disclose the
nature of the illness except as is necessary to process the request for
withdrawal and defend against any appeals of denials.
5. By October 31 of each school year, the District shall notify the committee of
the following:
a. The total number of accumulated days in the Bank of June 30 of the
previous school year
b. The number of days contributed by unit members for the current year
c. The names of participating unit members
d. The total number of days available in the Bank
6. Upon request, the Personnel Office will present a complete report to the
committee regarding the status of the Bank and participants.
7. If the Catastrophic Leave Bank is terminated for any reason, the days
remaining in the Catastrophic Leave Bank shall be returned to the then
current members of the Bank proportionately.