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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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These rules and regulations shall not discriminate against evidence of treatment and the need
therefore by the practice of the religion of any well-recognized church or denomination.
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Section 87780 does not apply to an employee’s first 10 days of sick leave. Employees may use
this sick leave provision for absences necessitated by pregnancy, miscarriage, childbirth, and
recovery therefrom.
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4. D
IFFERENTIAL
P
AY
Education Code section 87780 permits academic employees to take up to five school months of
leave due to illness or accident, and receive “differential pay” (i.e. the difference between the
employee’s salary for any month in which the absence occurs and the sum that is actually paid a
temporary employee employed to fill his or her position during the absence or, if no temporary
employee was employed, the amount that would have been paid to the temporary employee had
such been employed). The community college district shall make every reasonable effort to
secure the services of a temporary employee.
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As with classified employees, in order to deduct
the wages paid to a substitute, the District must actually hire a “substitute;” it may not simply fill
the position with a current employee.
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Further, districts must adopt a salary schedule for temporary employees that indicates a salary for
temporary employees for all categories or classes of a district’s academic employees.
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Where a
district has failed to establish such a schedule, the Education Code mandates that the amount
paid a temporary employee during any month must be less than the salary due the employee
absent from his or her duties.
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When a person employed in an academic position is absent because of illness for more than five
school months, or when a person is absent for a cause other than illness, the amount deducted
from the salary due the person for the month in which the absence occurs shall be determined
according to the rules and regulations established by the district governing board. These rules
and regulations must comply with the rules and regulations of the board of governors.
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Education Code section 87780 applies whether or not the absence from duty is by reason of a
leave of absence granted by the governing board of the employing district.
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5. S
ABBATICAL
L
EAVE
Education Code sections 87767 and 87768 authorize, but do not require, districts governing
boards to allow faculty leaves for study and travel. These sections also establish certain
minimum requirements for such leaves, reviewed below. Additionally, districts should refer to
their collective bargaining agreements, which may also address the terms and procedures for
granting sabbatical leaves.