Using Sick Leave for Qualifying Acts of Violence and to Attend Judicial Proceedings

Per Administrative Guide Memo 2.1.7: Sick Time: Regular Staff Employees, Regular Academic Staff-Research and Regular Academic Staff-Professional Librarians; 2.1.22: Sick Time for Temporary and Casual Staff Employees; and 10.3: Sick Time for Student Hourly Employees, sick time may be used when an employee or an employee’s family member is a victim of a qualifying act of violence for the purposes described in those Administrative Guide Memos. 

Qualifying Act of Violence 

“Qualifying act of violence” is defined as any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:

• Domestic violence
• Sexual assault
• Stalking
• An act, conduct, or pattern of conduct that includes any of the following:
  • In which an individual causes bodily injury or death to another individual.
  • In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
  • In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.

Attending Judicial Proceedings 

Per Administrative Guide Memo  2.1.7: Sick Time: Regular Staff Employees, Regular Academic Staff-Research and Regular Academic Staff-Professional Librarians; 2.1.22: Sick Time for Temporary and Casual Staff Employees; and 10.3: Sick Time for Student Hourly Employees, sick time may be used by an employee who is a victim of, or has a family member who is a victim of, certain specified crimes to attend judicial proceedings related to that crime.  

The list of specified crimes is included in the definition of “victim,” which means one of the following: 

• A person against whom any of the following crimes are committed:
  • A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code.
  • A serious felony, as defined in subdivision (c) of Section 1192.7 of the Penal Code.
  • A felony provision of law proscribing theft or embezzlement.
• A person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of any of the following crimes or delinquent acts:
  • Vehicular manslaughter while intoxicated, as defined in subdivision (b) of Section 191.5 of the Penal Code.
  • Felony child abuse likely to produce great bodily harm or a death, as defined in Section 273a of the Penal Code.
  • Assault resulting in the death of a child under eight years of age, as defined in Section 273ab of the Penal Code.
  • Felony domestic violence, as defined in Section 273.5 of the Penal Code.
  • Felony physical abuse of an elder or dependent adult, as defined in subdivision (b) of Section 368 of the Penal Code.
  • Felony stalking, as defined in Section 646.9 of the Penal Code.
  • Solicitation for murder, as defined in subdivision (b) of Section 653f of the Penal Code.
  • A serious felony, as defined in subdivision (c) of Section 1192.7 of the Penal Code.
  • Hit-and-run causing death or injury, as defined in Section 20001 of the Vehicle Code.
  • Felony driving under the influence causing injury, as defined in Section 23153 of the Vehicle Code.
  • Sexual assault as set forth in Section 261, 261.5, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 288a of, the Penal Code.

If you have questions about using sick leave, please consult with your supervisor or local HR office.