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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1. PART-TIME CLASSIFIED E MPLOYEES
An employee is not exempt from classified service by virtue of being a part-time employee.
Unless the employee is otherwise exempt, a part-time employee performing classified work is a
classified employee. These employees may attain permanent status and are entitled to the same
benefits as full-time classified employees.75 Benefits must be prorated according to how many
hours worked compared to a 40 hour per week full time employee. If a part-time employee
works 30 minutes or more than their usual time for 20 consecutive days, their benefits must be
prorated accordingly.76 Section 88035, however, does not apply to health and welfare benefits.
Thus, a district is not required to prorate health and welfare benefits to part-time employees, or to
grant such benefits at all.77
2. FULL -TIME STUDENTS EMPLOYED PART-TIME (MERIT AND NON-MERIT
SYSTEMS ) 78
Full-time students in both merit and non-merit system districts who are employed part-time are
not part of the classified service.
3. PART-TIME STUDENTS EMPLOYED PART-TIME ON WORK STUDY (M ERIT AND
NON-MERIT SYSTEMS) 79
Also exempt from the classified service are part-time students who are employed part-time in
any college work-study program, or in a work-experience education program conducted by a
community college district and which is financed by state or federal funds.
Education Code section 88076 governing merit system districts defines a part-time position as
one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis,
is less than 87 ½ percent of the normally assigned time of the majority of employees in the
classified service.
LCW Practice Advisor The Education Code prohibits displacement of
classified personnel and impairment of existing
contracts by either the employment of full-time or part-
time students in any college work-study program, or in
a work-experience education program.
4. PART-TIME PLAYGROUND POSITIONS (MERIT AND NON -MERIT SYSTEMS) 80
Both merit and non-merit systems allow the use of part-time employees for playground positions.
In the merit system, the definition of part time is the same as described above.81