Name That Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

c. Education Code Section 87784 Education Code section 87784 similarly permits an employee to elect to use accrued sick days, up to a maximum of six (6) such days per school year, for cases of personal necessity. 130 An employee need not secure advanced permission for leaves taken because of:

 Death or serious illness of a member of the employee’s immediate family; or  Accident, involving the employee’s person or property, or the person or property of a member of his or her immediate family.

The governing board is mandated to adopt rules and regulations requiring and prescribing the manner of proof of personal necessity for purposes of this section. 131

3. S ICK L EAVE G RANTED BY S TATUTE Education Code section 87781 entitles academic employees, employed five days a week by a community college district, to 10 days’ leave of absence for illness or injury at full pay, plus any additional days that the governing board may allow for illness or injury. This 10 day calculation is exclusive of all days the employee is not required to render service to the district. An employee employed for less than five schooldays a week is entitled to a proportional share of the above. Credit for leave of absence need not be accrued before taking leave by the employee and the leave of absence may be taken at any time during the college year. Any unused leave days may be accumulated from year to year with additional days as the governing board may allow. 132 Each community college district governing board is required to adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for the purposes of this section. These rules and regulations shall not discriminate against evidence of treatment and the need therefore by the practice of the religion of any well-recognized church or denomination. 133 Section 87780 does not apply to an employee’s first 10 days of sick leave. Employees may use this sick leave provision for absences necessitated by pregnancy, miscarriage, childbirth, and recovery therefrom. 134 4. D IFFERENTIAL P AY Education Code section 87780 permits academic employees to take up to five school months of leave due to illness or accident, and receive “differential pay” (i.e. the difference between the employee’s salary for any month in which the absence occurs and the sum that is actually paid a temporary employee employed to fill his or her position during the absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had such been employed). The community college district shall make every reasonable effort to secure the services of a temporary employee. 135 As with classified employees, in order to deduct the wages paid to a substitute, the District must actually hire a “substitute;” it may not simply fill the position with a current employee. 136

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 48