Human Resources Academy II for Community College Districts

cancelled less than two weeks before the beginning of the semester; (3) Listed in the schedule of classes; and (4) Considered an “integral part of their departments and given all the rights normally afforded to full-time faculty in the areas of book selection, participation in department activities, and the use of college resources.”

7. I MPACT OF C OLLECTIVE B ARGAINING A GREEMENTS PERB has ruled that provisions in collective bargaining agreements governing the rehiring of temporary teachers are not preempted by Education Code. 13 Therefore, districts must be careful not only to comply with Education Code provisions but also with any collective bargaining provisions that may be relevant to the rehiring of temporary teachers. Moreover, even though technically PERB lacks jurisdiction to enforce the Education Code, it does have limited jurisdiction to interpret Education Code provisions that are incorporated into collective bargaining agreements, for purposes of determining whether a unilateral change charge has merit. For instance, PERB will determine whether a district’s decision to contract out transportation and vehicle maintenance services falls within the Education Code’s “may lawfully be contracted for” provision. 14

L EAVES FOR A CADEMIC E MPLOYEES

Section 3

Relevant Education Code Provisions:

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. A. I NDUSTRIAL I NJURY L EAVE —87787 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 as to the number of days of leave.

The district rules or regulations must include the following provisions:

 Education Code section 87787(a): Allowable leave shall be for not less than 60 days, per accident or illness, during which the schools of the district are required to be in session or when the employee would otherwise have

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 23