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

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

3. P

ROPER USE OF

HORT

ERM

, S

UBSTITUTE AND

IMITED

ERM

MPLOYEES

a. Short-Term Employees (Non-Merit Systems)

i. Definition

A “short-term employee” is narrowly defined as an employee hired to perform a service that

once completed will not be extended or needed on a continuing basis. The term “seventy-five

percent of a college year” means 195 working days, including holidays, sick leave, vacation, and

other leaves of absence—irrespective of the number of hours worked per day. The 195 days

must be all in the same school year. Non-working Saturdays and Sundays are not counted in

determining whether employees of a school district should be regarded as classified employees.

ii. Requirements for Certification of Short-Term Employee Assignments

There are several steps that districts must take before hiring employees on a short-term basis.

First, as discussed above, districts must ensure the following:



The service to be done is one that once completed will NOT:



Be extended; or



Needed on a continuing basis; AND



The employee will be working less than 75% of the college year (or 195 working days,

including holidays, sick leave, vacation, and other leaves of absence.)



Additionally, before a short-term employee may be hired, certain requirements for

certification by the governing board must be met. This certification by the governing board

must take place at a regularly scheduled board meeting. With regard to short term

employee assignments, the Board must:



Specify the service required to be performed by the employee, and



Certify the ending date of service.

The ending date may be shortened or extended by the governing board, but

cannot exceed 75% of the college year.

LCW Practice Advisor

Failure to comply with the requirements for certification

of short-term employee assignments will result in those

employees being designated as classified employees.

Categorically Funded Positions: The Attorney General

has concluded that teacher aides, whose salaries are

paid from federal funds under a specific federal project,

do not come within any of the positions which may be

excluded under this section, and therefore must be

included in the [merit-system] classified service.