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

4. S UBSTITUTES (N ON -M ERIT S YSTEMS ) 72 A “substitute” employee is one who is hired to replace a classified employee temporarily absent from duty. 73 To be excluded from classification, a substitute employee must be employed and paid for less than 75% of the college year. Seventy-five percent of a college year for substitutes also 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. 74 Non-working Saturdays and Sundays are not counted in determining whether employees of a school district should be regarded as classified employees. 75 If the district is in the process of trying to fill a permanent position, the governing board can fill the vacancy with substitute employees on a temporary basis, provided that the employment does not exceed 60 days, unless a provision in a Collective Bargaining Agreement provides otherwise.

Note: A substitute employee that is employed for more than 195 working days is presumed to become a probationary employee. 76

In addition to consulting the Education Code, you should always check the appropriate collective bargaining agreement provisions to determine if there are any additional hiring rules that are applicable.

LCW Practice Advisor

Case Study on Substitute Employees:

California School Employees Assn. v. Governing Bd. Of the South Orange Community College District 77 The District hired Samuel Hamblen as a substitute warehouse worker during the 1997-1998 college year. During that time, Hamblen substituted for several classified employees 222 days of the college year. Alfredo Osuna worked as a substitute custodian 229 days during the 1998-1999 college year. From 1996 until 1999, Gerald Schwab worked as a maintenance worker over 195 days each year. The California School Employees Association and the three employees sought a writ of mandate to compel the District to recognize the workers as “classified workers.” The court held that substitute workers who work more than 75 percent of the college year are entitled to classified-employee status. The District was, therefore, ordered to reclassify the workers under Education Code section 88003, as each of the three workers had worked more than 75% of each college year. The reclassification entitled the workers to benefits such as vacation and sick leave.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 31