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

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. 139 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. 140 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. 141 e. Written Contract Required Education Code sections 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. f. Reinstatement Required 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. 142

C. C ATASTROPHIC L EAVE

1. E DUCATION C ODE S ECTION 87045 Education Code section 87045 authorizes, but does not require, community college district governing boards to establish catastrophic leave programs for all groups of employees. Such programs permit district employees to donate eligible leave credits to an employee when that employee or a member of his or her family suffers from a catastrophic illness or injury.

The definition of “catastrophic illness or injury” in Section 87045, subdivision (a)(1) has these three key components:

 The illness or injury is expected to incapacitate the employee for an extended period of time; or,  The illness or injury involves a family member and the incapacity requires the employee to take time off from work for an extended period of time to care for that family member; and,  Taking extended time off work creates a financial hardship for the employee because he or she has exhausted all of his or her sick leave and other paid time off.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 50