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

adopted the merit system and to community college districts that may be exempted from Section

88191.

118

6. T

39-M

ONTH

EEMPLOYMENT

IST

If an employee is not medically able to assume the duties of his or her position after all available

leaves of absence—paid or unpaid—have been exhausted, and the employee is not placed in

another position, then the district must place the employee on a reemployment list for a period of

39 months. If the employee becomes able to work during the 39-month period, and a position

becomes vacant in the class of the person’s previous assignment, the employee must be hired

over all other available candidates. However, the employee’s reemployment rights do not

override a reemployment list established because of lack of work or lack of funds. Where there

has been a layoff, the employee is listed in accordance with appropriate seniority regulations.

119

B. L

EAVES FOR

CADEMIC

MPLOYEES

Education Code section 87763 explicitly authorizes district governing boards to grant academic

employees leaves of absence. Further, Section 87764 provides that governing boards are

empowered to grant leaves of absence for purposes additional periods of time, with or without

pay, beyond those mandated or authorized by statute, so long as the board does not deprive any

employee of any leave of absence to which he or she is entitled by law. Leaves of absence do

not constitute a break in employment.

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However, if a contract employee takes an unpaid leave

of absence, the time taken is not counted as time spent as a probationary employee.

121

1. I

NDUSTRIAL

NJURY

EAVE

Education Code section 87787 imposes on community college district governing boards the

obligation to provide rules and regulations for industrial accident and illness leaves of absence

for all academic employees. Further, if the governing board fails to adopt appropriate rules and

regulations, an employee is entitled to industrial accident or illness leave as provided in this

section but without limitation on the number of days of leave.

The district rules or regulations must include the following provisions:



Education Code section 87787, subdivision (a):

Allowable leave shall be

for not less than 60 days during which the schools of the district are required

to be in session or when the employee would otherwise have been

performing work for the district in any one fiscal year for the same accident.



Education Code section 87787, subdivision (b):

Allowable leave shall not

be accumulated from year to year.



Education Code section 87787, subdivision (c):

Industrial accident or

illness leave shall commence on the first day of absence.



Education Code section 87787, subdivision (d):

When an academic

employee is absent from his or her duties on account of an industrial

accident or illness, the employee shall be paid the portion of the salary due