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Alternatively, the employee must be compensated in the same manner as if he/she/they was teaching in the district, if the employee furnishes a suitable indemnity bond to the district, insuring the district’s governing board against loss in case the employee fails to render the agreed upon service upon his or return from leave. The governing board, however, may waive this bond requirement if the board finds, and by resolution declares, that the district’s interests will be sufficiently protected by the employee’s written agreement to return to service for the agreed-upon period. 146 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. 147 However, if the employee’s failure to perform this obligation is caused by his/her/their death or by physical or mental disability, the bond is exonerated. 148 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. 149 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/her/their 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/her/their 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/her/them at the time of the granting of the sabbatical leave upon his/her/their return from the leave. 150

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/her/their 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,

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