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

Further, districts must adopt a salary schedule for temporary employees that indicates a salary for temporary employees for all categories or classes of a district’s academic employees. 137 Where a district has failed to establish such a schedule, the Education Code mandates that the amount paid a temporary employee during any month must be less than the salary due the employee absent from his or her duties. 138 When a person employed in an academic position is absent because of illness for more than five school months, or when a person is absent for a cause other than illness, the amount deducted from the salary due the person for the month in which the absence occurs shall be determined according to the rules and regulations established by the district governing board. These rules and regulations must comply with the rules and regulations of the board of governors. 139 5. S ABBATICAL L EAVE Education Code sections 87767 and 87768 authorize, but do not require, districts governing boards to allow faculty leaves for study and travel. These sections also establish certain minimum requirements for such leaves, reviewed below. Additionally, districts should refer to their collective bargaining agreements, which may also address the terms and procedures for granting sabbatical leaves. a. Purpose of Leave Sabbatical leaves may be granted for the purpose of permitting study or travel, “which will benefit the schools and students of the district.” District policies and procedures should include review processes to ensure that proposed sabbatical leaves are designed to serve the district. A sabbatical leave is not appropriate for vacationing or other purposes unrelated to service to the district. b. Permissible Length of Leave Education Code section 87767 authorizes a community college governing board to grant sabbatical leaves, not to exceed one year . The governing board may, at its discretion, provide that such a leave be taken in separate six-month periods or separate quarters rather than for a continuous one-year period; however, the leave must be commenced and completed within three years. Further, where a one-year sabbatical leave is taken in subparts, any service provided between the periods of leave will count toward the service required for a subsequent leave. c. Employee Eligibility for Leave To qualify for a sabbatical leave, a faculty member must have rendered service to the district for at least six consecutive years preceding the granting of the leave, but only one such sabbatical leave can be granted in each six-year period. Approved leaves of absence during this six year period (excluding sabbatical leave) do not constitute a break in service for purposes of qualifying for sabbatical leaves. Such periods may not be counted toward reaching the six-year Education Code section 87780 applies whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing district. 140

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 49