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

1. P ART -T IME C LASSIFIED E MPLOYEES An employee is not exempt from classified service by virtue of being a part-time employee. Unless the employee is otherwise exempt, a part-time employee performing classified work is a classified employee . These employees may attain permanent status and are entitled to the same benefits as full-time classified employees. 75 Benefits must be prorated according to how many hours worked compared to a 40 hour per week full time employee. If a part-time employee works 30 minutes or more than their usual time for 20 consecutive days, their benefits must be prorated accordingly. 76 Section 88035, however, does not apply to health and welfare benefits. Thus, a district is not required to prorate health and welfare benefits to part-time employees, or to grant such benefits at all. 77 2. F ULL -T IME S TUDENTS E MPLOYED P ART -T IME (M ERIT AND N ON -M ERIT S YSTEMS ) 78 Full-time students in both merit and non-merit system districts who are employed part-time are not part of the classified service. 3. P ART -T IME S TUDENTS E MPLOYED P ART -T IME ON W ORK S TUDY (M ERIT AND N ON -M ERIT S YSTEMS ) 79 Also exempt from the classified service are part-time students who are employed part-time in any college work-study program, or in a work-experience education program conducted by a community college district and which is financed by state or federal funds. Education Code section 88076 governing merit system districts defines a part-time position as one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 87 ½ percent of the normally assigned time of the majority of employees in the classified service.

The Education Code prohibits displacement of classified personnel and impairment of existing contracts by either the employment of full-time or part- time students in any college work-study program, or in a work-experience education program.

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4. P ART -T IME P LAYGROUND P OSITIONS (M ERIT AND N ON -M ERIT S YSTEMS ) 80

Both merit and non-merit systems allow the use of part-time employees for playground positions. In the merit system, the definition of part time is the same as described above. 81

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 32