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

Section 87780 does not apply to an employee’s first 10 days of sick leave. Employees may use this sick leave provision for absences necessitated by pregnancy, miscarriage, childbirth, and recovery therefrom. 137

4. D IFFERENTIAL P AY Education Code section 87780 permits academic employees to take up to five school months of leave due to illness or accident, and receive “differential pay” (i.e. the difference between the employee’s salary for any month in which the absence occurs and the sum that is actually paid a temporary employee employed to fill his/her/their position during the absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had such been employed). The community college district shall make every reasonable effort to secure the services of a temporary employee. 138 As with classified employees, in order to deduct the wages paid to a substitute, the District must actually hire a “substitute;” it may not simply fill the position with a current employee. 139 Further, districts must adopt a salary schedule for temporary employees that indicates a salary for temporary employees for all categories or classes of a district’s academic employees. 140 Where a district has failed to establish such a schedule, the Education Code mandates that the amount paid a temporary employee during any month must be less than the salary due the employee absent from his/her/their duties. 141 When a person employed in an academic position is absent because of illness for more than five school months, or when a person is absent for a cause other than illness, the amount deducted from the salary due the person for the month in which the absence occurs shall be determined according to the rules and regulations established by the district governing board. These rules and regulations must comply with the rules and regulations of the board of governors. 142 https://www.westlaw.com/Link/RelatedInformation/Flag?documentGuid=N4EBC7C608E4611D 882FF83A3182D7B4A&transitionType=Default&contextData=(sc.Default)&VR=3.0&RS=da3. 0 Education Code section 87780 applies whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing district. 143 Community college districts must pay employees who utilize differential leave for parental leave no less than 50 percent of their salary for the length of the leave for which an employee utilizes differential leave pay, regardless of the differential leave pay system used by the applicable school or community college district. 144 Thus, if an employee would receive more than 50 percent of his/her/their salary under the differential leave pay system, a school or community college district may use its existing differential leave pay system to determine the rate of pay for the employee on leave. If an employee would receive less than 50 percent of his/her/their salary under the differential leave pay system, the school or community college district must pay the employee not less than 50 percent of his/her/their salary during the employee’s parental leave.

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