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

An employee who fails to serve for the entire period of service agreed upon forfeits a pro rata

portion of compensation. If the employee furnished an indemnity bond, the bond’s proceeds

shall be divided pro rata between the employee and the district in the same proportion as the

actual amount of time served bears to the amount of time agreed upon.

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However, if the

employee’s failure to perform this obligation is caused by his or her death or by physical or

mental disability, the bond is exonerated.

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Neither the board nor the district are liable for any

compensation or damages arising out of a faculty member’s death or injury that occurs while the

employee is on leave.

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e. Written Contract Required

Education Code sections 87769 and 87770 require that the faculty member enter into a written

contract with the community college. Minimally, the employee must agree, in writing, to render

a period of service in the district’s employ following his or her return from the sabbatical, which

is equal to twice the period of the leave. Further, the written agreement may delineate specific

services required of the employee during his or her leave. The agreement may also specify the

employee’s amount of compensation during the leave.

f. Reinstatement Required

The faculty member

must be reinstated

to the position held by him or her at the time of the

granting of the sabbatical leave upon his or her return from the leave.

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C. C

ATASTROPHIC

EAVE

1. E

DUCATION

ODE

ECTION

87045

Education Code section 87045 authorizes, but does not require, community college district

governing boards to establish catastrophic leave programs for all groups of employees. Such

programs permit district employees to donate eligible leave credits to an employee when that

employee or a member of his or her family suffers from a catastrophic illness or injury.

The definition of “catastrophic illness or injury” in Section 87045, subdivision (a)(1) has these

three key components:



The illness or injury is expected to incapacitate the employee for an

extended period of time; or,



The illness or injury involves a family member and the incapacity requires

the employee to take time off from work for an extended period of time to

care for that family member; and,



Taking extended time off work creates a financial hardship for the employee

because he or she has exhausted all of his or her sick leave and other paid

time off.