Human Resources Academy II for Community College Districts

As for the timing of compensation, an employee on leave for less than a year may be paid during the first year following the leave. An employee on leave for a full year may be paid in two equal annual installments during the first two years of service following the leave. Alternatively, the employee must be compensated in the same manner as if he or she was teaching in the district, if the employee furnishes a suitable indemnity bond to the district, insuring the district’s governing board against loss in case the employee fails to render the agreed upon service upon his or return from leave. However, the governing board may waive this bond requirement if the board finds, and by resolution declares, that the district’s interests will be sufficiently protected by the employee’s written agreement to return to service for the agreed-upon period. 29 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. 30 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. 31 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. 32 5. W RITTEN C ONTRACT R EQUIRED Education Code section 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.

6. R EINSTATEMENT R EQUIRED

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. 33

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 29