Human Resources Academy II for Community College Districts

 Temporary Employees Rehired As Probationary Employees : Although temporary employees are generally not included in layoffs, subsequent service as a probationary employee transforms the last year into the first year of probationary employment, if the employee served at least 75 percent of the immediately-preceding school year in a full-time position. 66  Temporary Employees Converted Mid-Year : Districts may also find themselves with employees that they initially hired as temporary employees, and then converted to probationary status during the year of temporary employment. Where this occurs, districts are allowed–but not required–to use the employee’s first date of paid service in the temporary position as his or her seniority date if the combined probationary and temporary service constitutes at least 75 percent of the days the “regular schools of the district were maintained.” 67  Kavanaugh Probationary Employees : As discussed above, the court in Kavanaugh held that employees who are not given notice of their temporary status on or before their first date of paid service are probationary employees. Therefore, if the district failed to provide timely notice of temporary status, the Kavanaugh probationary’ seniority date for layoff purposes is the date of hire in a position. The district must also add one year’s temporary service if the employee was a prior temporary employee rehired as a probationary employee. Also, Kavanaugh -converted employees should be ranked based on first date of paid service in a probationary position along with their other probationary colleagues.  Administrators Returned To The Classroom : Educational administrators hired before July 1, 1990 who completed a probationary period are “classified as and become regular employees as a classroom instructor.” 68 For these administrators, their first date of paid service–whether it was as a classroom instructor or administrator, counts as the seniority date. Educational administrators hired on or after July 1, 1990, whose positions are eliminated, may be entitled to reassignment to the classroom and classification as “first-year probationary faculty.” 69 For these administrators, their first date of paid service in a probationary faculty position should count as the seniority date.  Employees with the Same Date : In community college districts, the relative placement of employees who are hired on the same date is decided by lottery. 70 This lottery is required to be conducted within thirty days of the date that service was first rendered by two or more employees. Thus, the ordering of employees hired the same date should be determined well in advance of any layoff, and should not factor into the layoff time line for community colleges.

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 40