LOS ANGELES COMMUNITY COLLEGES
PERSONNEL GUIDE B420
LEAVE-ASSAULT or BATTERY
Issue Date:
5-25-77
Issued By:
Pers Oper Branch
Service:
Certified/Classified
Changes:
Education Code reference number changed.
Replaces:
PG B420 (3-10-76)
Distribution: General (See PG: B339 for decoding)
Assault and Battery Leave of Absence for All Personnel
1.
Definition. An assault or battery leave is a type of industrial accident
leave; it is granted for absence because of an injury resulting from an
assault and/or battery that was directly related to the performance of
duties but is considered to be above and beyond the normal risks experienced
by an employee of the District. The determination of whether or not the
absence is due to an assault or battery is the responsibility of the
Personnel Services Division.
2. Requirements.
a. Certificated Employees
(1) The employee must be serving under a semi-annual or annual contract, OR
(2) The employee must have had continuous status with the District during the
immediate preceding three school years and received pay for at least 100
days during each of those years, OR
(3) The injury or illness was directly related to the performance of the
employees duties and caused by an assault and/or battery, as determined by
the Chancellor or his designated representative.
b. Classified Employees
(1) The employee must have permanent status OR
(2) The employee has completed a total of-three consecutive years of continuous
employment with the District immediately preceding the beginning of the
leave with any combination of limited-term, probationary, or permanent
status, in- cluding at least 130 days of paid service during each of the
three years. A day of paid service shall be defined as any day for which pay
is received. OR
(3) The Chancellor or his designated representative has determined that the
illness or injury was directly related to the performance of his duties and
caused by assault and/or battery.
2.
Length of Leave. Leave is granted from the first day of absence resulting
from assault and/or battery but shall not exceed one calendar year.
4.
Extension of Leave. If unable to return at end of calendar year, employee
may be placed on some other type of paid or unpaid leave for which he meets
eligibility requirements.
5. Compensation. When employee is absence because of'such assault and/or
battery, the employee will be paid his full salary (for the assignment in
which serving when injured) for a maximum of one calendar year. Except for
the one year provision, compensation is paid under the same provisions as
apply to other industrial accidents (See PG B417).
6. Multiple Assignments. Persons who have multiple assignments will be given
assault and battery leave from the assignment in which the injury occurred
and from any other certificated assignments in which the employee is eligible
for illness absence pay.
7. Additional Provisions. See also PG B417 for additional provisions relating to
industrial accidents.
Cover)
B420 (Continued)
8. Report to Law Enforcement Agency. It is the duty of any employee who is
attacked, assaulted, or menaced by any person and the duty of any person
under whose direction or supervision such employee is employed who has
knowledge of such incident, to promptly report the incident to the
appropriate law enforcement authorities of the County or City in which the
incident occurred. If the attack, assault, or menace was by a student,
failure to make such a report is a misdemeanor punishable by a fine of not
more than @200 and any action designed to influence the employee not to make
such a report is also a misdemeanor subject to a fine of not less than $100
or more than $200 (Education Code 87014).
9.
a.
Request Procedure
Employee should complete Leave of Absence Request, Form C131 (Certificated)
or Form C1002 (Classified).
b.
Employee should attach a statement from a licensed physician (Form C305)
verifying the fact that the employee cannot work because of injury, and a
copy of the report to the Law Enforcement Agency.
c.
These forms should be submitted to the college president or division head
for forwarding to the Personnel Services Division.
10. Return to Service. Health approval is required before return to service from
injury.
Reference: Administrative Guide 3284 (Certificated); Personnel Commission Rule
804 (Classified).
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