Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

3. P ROPER USE OF S HORT T ERM , S UBSTITUTE AND L IMITED T ERM E MPLOYEES

a. Short-Term Employees (Non-Merit Systems) 65

i. Definition A “short-term employee” is narrowly defined as an employee hired to perform a service that once completed will not be extended or needed on a continuing basis. The term “seventy-five percent of a college year” means 195 working days, including holidays, sick leave, vacation, and other leaves of absence—irrespective of the number of hours worked per day. The 195 days must be all in the same school year. Non-working Saturdays and Sundays are not counted in determining whether employees of a school district should be regarded as classified employees. ii. Requirements for Certification of Short-Term Employee Assignments There are several steps that districts must take before hiring employees on a short-term basis. First, as discussed above, districts must ensure the following:

 The service to be done is one that once completed will NOT:



Be extended; or



Needed on a continuing basis; AND

 The employee will be working less than 75% of the college year (or 195 working days, including holidays, sick leave, vacation, and other leaves of absence.)  Additionally, before a short-term employee may be hired, certain requirements for certification by the governing board must be met. This certification by the governing board must take place at a regularly scheduled board meeting. With regard to short term employee assignments, the Board must:

 Specify the service required to be performed by the employee, and



Certify the ending date of service.

The ending date may be shortened or extended by the governing board, but cannot exceed 75% of the college year.

Failure to comply with the requirements for certification of short-term employee assignments will result in those employees being designated as classified employees. Categorically Funded Positions: The Attorney General has concluded that teacher aides, whose salaries are paid from federal funds under a specific federal project, do not come within any of the positions which may be excluded under this section, and therefore must be included in the [merit-system] classified service. 66

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Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 29