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

adopted the merit system and to community college districts that may be exempted from Section 88191. 118

6. T HE 39-M ONTH R EEMPLOYMENT L IST If an employee is not medically able to assume the duties of his or her position after all available leaves of absence—paid or unpaid—have been exhausted, and the employee is not placed in another position, then the district must place the employee on a reemployment list for a period of 39 months. If the employee becomes able to work during the 39-month period, and a position becomes vacant in the class of the person’s previous assignment, the employee must be hired over all other available candidates. However, the employee’s reemployment rights do not override a reemployment list established because of lack of work or lack of funds. Where there has been a layoff, the employee is listed in accordance with appropriate seniority regulations. 119 B. L EAVES FOR A CADEMIC E MPLOYEES 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. Leaves of absence do not constitute a break in employment. 120 However, if a contract employee takes an unpaid leave of absence, the time taken is not counted as time spent as a probationary employee. 121 1. I NDUSTRIAL I NJURY L EAVE 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 on the number of days of leave.

The district rules or regulations must include the following provisions:

 Education Code section 87787, subdivision (a): Allowable leave shall be for not less than 60 days during which the schools of the district are required to be in session or when the employee would otherwise have been performing work for the district in any one fiscal year for the same accident.  Education Code section 87787, subdivision (b): Allowable leave shall not be accumulated from year to year.  Education Code section 87787, subdivision (c): Industrial accident or illness leave shall commence on the first day of absence.  Education Code section 87787, subdivision (d): When an academic employee is absent from his or her duties on account of an industrial accident or illness, the employee shall be paid the portion of the salary due

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 44