JurisdictionCaliforniaCode GOVGovernment Code - GOV
Div.5.
Title 2.DIVISION 5. PERSONNEL
Part 2.6.PART 2.6. PERSONNEL ADMINISTRATION
Ch. 2.5.CHAPTER 2.5. Days and Hours of Work
Art. 5.ARTICLE 5. Nonindustrial Disability Leave
This text of California § 19878. (19878. (Amended by Stats. 2025, Ch. 23, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)As used in this article:
(1)“Appeals board” means the California Unemployment Insurance Appeals Board.
(2)“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 the employee’s physical, mental, or medical condition, the employee is unable to perform their regular or customary work.
(3)“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 or Nonindustrial Disability Insurance Family Care Leave benefits. For th
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(a)
As used in this article:
(1)
“Appeals board” means the California Unemployment Insurance Appeals Board.
(2)
“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 the employee’s physical, mental, or medical condition, the employee is unable to perform their regular or customary work.
(3)
“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 or Nonindustrial Disability Insurance Family Care Leave 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.
(4)
“Employee” means any of the following:
(A)
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 those systems, who is an employee of the Legislature and is not a member of the civil service.
(B)
A permanent or probationary part-time or intermittent state officer or employee, with at least the equivalent of six compensated calendar months of service in the 18 calendar months 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.
(C)
(i)
Effective October
1, 2025, for a disability benefit period commencing on or after July 1, 2025, a state officer or employee appointed to a career executive assignment pursuant to Article 9 (commencing with Section 19889).
(ii)
Notwithstanding Section 19884, a state officer or employee appointed to a career executive assignment claiming benefits for a disability benefit period commencing between July 1, 2025 and October 1, 2025, must file a completed claim no later than 41 days following the effective date of this subparagraph.
(5)
“Full pay” means the gross base salary earnable by the employee, and subject to retirement contribution on the date of the commencement of the employee’s disability.
(6)
“Nonindustrial Disability Insurance Family
Care Leave” has the same meaning as “family care leave” as defined in Section 3302 of the Unemployment Insurance Code. The definitions of terms in Section 3302 of the Unemployment Insurance Code that are relevant for purposes of the definition of “family care leave” in that section shall also apply. “Nonindustrial Disability Insurance Family Care Leave” shall also include for these purposes qualifying exigency leave as described in Section 3302.2 of the Unemployment Insurance Code.
(7)
“Nonindustrial Disability Insurance Family Care Leave benefits” or “Family Care Leave benefits” means benefits authorized by Section 19878.5.
(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 those 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.