(a) A classified employee of a school district, county superintendent of schools, state special school, or community college district who has been employed for a period of one calendar year or more whose employment is terminated for reasons other than action initiated by the employer for cause shall have the total amount of earned leave of absence for illness or injury that the employee accumulated with that first employing school district, community college district, county superintendent of schools, or state special school pursuant to Section 45191 or 88191 transferred to the subsequent employing school district, county superintendent of schools, or state special school. This transfer shall be in the same manner as provided for certificated employees. The subsequent employing entity shall honor a transfer request made at any time during the classified employee’s employment with that employing entity.
(b) In a case where an employee was terminated as a result of action initiated by the employer for cause, the transfer may be made if agreed to by the governing board or body of the subsequent employing entity.
(c) All or any part of the previous service, not separated by a break in service greater than one year as of the last day of paid service, may, if agreed to by the subsequent employing entity, be construed to have been served with the subsequent employing entity for seniority purposes, except that the previous service may not be counted, for seniority purposes, when position or personnel reduction is ordered, for any reason, by the governing board or body of the subsequent employing entity.
(d) The school district, community college district, county superintendent of schools, or state special school shall not adopt a policy or rule, written or unwritten, which requires all classified employees, or any individual classification, or group of classifications of employees transferring to that school district, community college district, county superintendent of schools, or state special school to waive any part or all benefits that they may be entitled to have transferred pursuant to this section.
(e) The former employing school district, county office of education, state special school, or community college district shall provide all of the following information when responding to a request for the transfer of accumulated leave of absence for illness or injury from the subsequent employing entity:
(1) Name and identification number for the employee requesting the transfer.
(2) Contact information for that former employer.
(3) The time period of the service, including start date and end date, for the employee requesting the transfer.
(4) The total amount of leave of absence, including any fraction thereof, for illness or injury to be transferred based on the former employer’s workday.
(5) Contact information for the subsequent employing entity.
(6) Signature of the person completing and verifying the accuracy of the information provided pursuant to this subdivision, including that person’s name, title, and contact information.
(f) This section shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter.
(Amended by Stats. 2024, Ch. 381, Sec. 4. (AB 2134) Effective January 1, 2025.)