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

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Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts
©2018 (c) Liebert Cassidy Whitmore
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until 1999, Gerald Schwab worked as a maintenance worker over 195 days each
year. The California School Employees Association and the three employees
sought a writ of mandate to compel the District to recognize the workers as
“classified workers.”
The court held that substitute workers who work more than 75 percent of the
college year are entitled to classified-employee status. The District was,
therefore, ordered to reclassify the workers under Education Code section
88003, as each of the three workers had worked more than 75% of each college
year. The reclassification entitled the workers to benefits such as vacation and
sick leave.
5. LIMITED-TERM EMPLOYEES (M ERIT SYSTEMS) 72
In merit systems, a limited-term employee is employed for periods of time not to exceed six
calendar months; or employment of a temporary employee to substitute for the authorized
absence of a permanent employee.73 If the limited-term employee is substituting for an absent
employee, the employment may not exceed the authorized absence of that employee.
To hire a limited-term employee, the District must submit a request that notes the hours per
week, starting date, and length of the assignment. Appointments are made from eligibility lists
and employment lists. If there is no one eligible and available to accept a limited-term position,
the District may make a provisional appointment to the limited-term position.74
Limited-term employees are at-will employees and are not entitled to benefits, unless the district
decides otherwise. The time spent as a limited-term employee may not be counted towards
earning permanent status.
Regular classified employees may serve as limited term in limited-term assignments and retain
their permanent or probationary status. With respect to a layoff, a regular classified employee
may accept a limited term position in lieu of being laid off, if there are any such positions
available. A regular employee serving in a limited-term position is entitled to the same benefits
as a regular employee. Further, time spent performing the limited term assignment is counted
towards acquiring permanent status.
C. PART-TIME EMPLOYEES
Part-time employees may be beneficial to districts because they offer flexibility in terms of how
many hours the district may employ them. Further, it obviously costs the district less to hire an
employee part-time. But rules regarding the proper use of each category of part-time employee
must be strictly followed.