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

 The governing board determines that the employee is unable to work due to the employee’s or his or her family member’s catastrophic illness or injury; and

 The employee has exhausted all accrued paid leave credits.

Section 87045, subdivision (c) provides that if the transfer of eligible leave credits is approved by the governing board, any employee may, upon written notice to the board, donate eligible leave credits at a minimum of eight hours, and in hour increments thereafter. Section 87045 subdivision (e) requires that if an employee deemed eligible to receive catastrophic leave credits continues to accrue leave on a monthly basis, the employee must use the accrued leave before using catastrophic leave credits. 2. C OLLECTIVE B ARGAINING A GREEMENT P ROVISIONS Section 87045, subdivision (f) provides that notwithstanding the requirements and procedures described above, a district’s governing board and the exclusive bargaining representative may negotiate specific catastrophic leave program requirements in any Collective Bargaining Agreement. California community colleges are required to “consult collegially” with their employees’ classified and academic senates, as well as their students’ senate. 147 PERB has made clear that senate consultation may not intrude upon the mandatory subjects of bargaining, and that consulting with an employee senate on a subject of bargaining constitutes an unfair labor practice. However, distinguishing between the appropriate spheres for labor organizations and senates can be challenging. Briefly, the regulations limit academic senate consultation to “academic and professional matters” within 11 enumerated categories: (1) curriculum; (2) degree and certificate requirements; (3) grading policies; (4) educational program development; (5) standards or policies regarding student preparation/success; (6) district and college governance structures, as related to faculty roles; (7) faculty roles in accreditation; (8) policies for faculty professional development activities; (9) program review processes; (10) institutional planning processes; and (11) other academic and professional matters, as are mutually agreed upon between the governing board and the academic senate. However, this list leaves much room for interpretation over whether consultation with the academic senate would usurp the authority of the exclusive representative. Indeed, there are areas of overlap where particular care must be taken. For example, Education Code section 87610.1, subdivision (a) requires that in districts where tenure evaluation procedures are collectively bargained, the faculty’s exclusive representative must consult with the academic senate before engaging in collective bargaining on these procedures. In short, where districts are unsure as to whether a matter involves a mandatory subject of Section 7 P ARTICIPATORY G OVERNANCE

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