Hatch v. Ward

SCHAUER, J.

Petitioner, a civil service employe of the State of California, appeals from a judgment which denies her petition for writ of mandate to compel payment of her salary for a period which is the equivalent of 90 working days. During such period (from August 1,. 1943, through December 10, 1943) petitioner was necessarily absent from her regularly assigned duties in the Los Angeles office of the Industrial Accident Commission in order to care for her seriously ill mother. Prior to the occasion in question petitioner, under the provisions of rule 14a of the State Personnel Board (hereinafter quoted in material part), had during eight years of service to the state, without any absence on account of sick leave with pay, accumulated 96 days of such leave at the rate of 12 days ’ sick leave for each year of service. The State Personnel Board in conformity with the mentioned rule ordered that petitioner be allowed sick leave with pay for the specified period. Petitioner’s appointing power, the Director

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of Industrial Relations, has instructed respondent Ward, the Chief Accounting Officer of the Department of Industrial Relations, to issue no check for petitioner’s salary for the 90-day period until petitioner’s claim “has been upheld by a competent court.” In controversy is the validity of rule 14a of the State Personnel Board as it read in July, 1943. We have concluded that the rule was valid and that petitioner is entitled to the writ sought.

The more detailed factual basis of this proceeding, in essential particulars, is as follows: On July 28, 1943, respondent accounting officer informed petitioner that she had accumulated, as of July 16, 1943, 96 days of sick leave. Petitioner requested, and her appointing power refused to recommend, leave with pay for petitioner’s necessary absence to care for her mother. On November 12, 1943, the appointing power reported that petitioner had been dismissed from her position. Petitioner duly appealed to the State Personnel Board from the actions of the appointing power. On February 11, 1944, the board ordered that petitioner be allowed 90 working days of sick leave and that she be reinstated in her position. On May 11, 1944, the board denied a petition of the appointing power for rehearing of petitioner’s appeal. As heretofore stated, respondent accounting officer, under instruction of the appointing power, refuses to issue and deliver to petitioner a cheek for her salary for the period from August 1, 1943, through December 10, 1943. By a petition which alleges the facts above stated, petitioner sought mandate to compel respondent accounting officer to issue and deliver to petitioner a check upon the revolving pay-roll fund for such salary and to compel respondent Controller of the State of California to reimburse the revolving fund by warrant in favor thereof. The general demurrer of respondents to the petition was sustained without leave to amend upon the ground that the provisions of rule 14a here material were invalid.