text:
(a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.

(2) In community college districts that use the differential pay system described in Section 87780, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed.

(3) In community college districts that use the differential pay system described in Section 87786, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave.

(4) Regardless of the type of differential pay system used by the community college district pursuant to paragraphs (2) and (3), the compensation a person employed in an academic position shall receive shall be no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave.

(b) For purposes of subdivision (a), all of the following apply:

(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.

(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.

(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.

(c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district.

(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.

(e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section.

(f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.

history: (History: Amended by Stats. 2018, Ch. 994, Sec. 3. (AB 2012) Effective January 1, 2019.)

title: 3. POSTSECONDARY EDUCATION

article: 7. Leaves of Absence


kind: section

code: EDC

text:
(a) (1) Every academic employee employed five days a week by a community college district shall be entitled to 10 days’ leave of absence for illness or injury and any additional days in addition thereto that the governing board may allow for illness or injury, exclusive of all days he or she is not required to render service to the district, with full pay for a college year of service.

(2) An employee employed for less than five schooldays a week shall be entitled, for a college year of service, to that proportion of 10 days’ leave of absence for illness or injury as the number of days he or she is employed per week bears to five, and is entitled to those additional days in addition thereto as the governing board may allow for illness or injury to academic employees employed for less than five schooldays per week. Pay for any day of those absences shall be the same as the pay that would have been received had the employee served during the day.

(b) Credit for leave of absence need not be accrued prior to taking leave by the employee, and the leave of absence may be taken at any time during the college year. If the employee does not take the full amount of leave allowed in any school year under this section, the amount not taken shall be accumulated from year to year with additional days as the governing board may allow.

(c) The governing board of each community college district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for the purposes of this section. These rules and regulations shall not discriminate against evidence of treatment and the need therefor by the practice of the religion of any well-recognized church or denomination.

(d) Nothing in this section shall be deemed to modify or repeal any provision in Chapter 3 (commencing with Section 120175) of Part 1 of Division 105 of the Health and Safety Code.

(e) Section 87780 does not apply to the first 10 days of absence on account of illness or accident of any employee employed five days per week or to the proportion of 10 days of absence to which the employee employed less than five days per week is entitled hereunder on account of illness or accident or to additional days granted by the governing board. Any employee shall have the right to utilize sick leave provided for in this section and the benefit provided by Section 87780 for absences necessitated by pregnancy, miscarriage, childbirth, and recovery therefrom.

history: (History: Amended by Stats. 2005, Ch. 654, Sec. 41. Effective October 7, 2005.)

division: 7. COMMUNITY COLLEGES

part: 51. EMPLOYEES

title: 3. POSTSECONDARY EDUCATION

chapter: 3. Employment

article: 7. Leaves of Absence

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 51. EMPLOYEES > 3. Employment > 7. Leaves of Absence


text:
The governing board of a community college district may adopt rules permitting academic employees of the district to use leave earned pursuant to Section 87781 in cases of compelling personal importance.

Leave taken pursuant to this section, together with any leave taken pursuant to Section 87784, shall not exceed six days in any single school year.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 149. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 7. Leaves of Absence


text:
(a) An academic employee of a community college district who has been an employee of that district for a period of one school year or more shall have transferred with the employee to a second district the total amount of leave of absence for illness or injury to which the employee is entitled under Section 87781.

(b) The board of governors shall adopt rules and regulations prescribing the manner in which the first district shall certify to the second district the total amount of leave of absence for illness or injury to be transferred. No governing board shall adopt any policy or rule, written or unwritten, that requires any employee transferring to its district to waive any part or all of the leave of absence that the employee may be entitled to have transferred in accordance with this section.

history: (History: Amended by Stats. 2019, Ch. 100, Sec. 1. (AB 706) Effective January 1, 2020.)

title: 3. POSTSECONDARY EDUCATION

article: 7. Leaves of Absence


text:
(a) The accumulated leave of absences for illness and injury of each of the following persons shall be transferred with them to their second position:

(1) Any academic employee of a community college district who accepts a position requiring certification qualifications in the office of any county superintendent of schools.

(2) Any certificated employee of any county superintendent of schools who accepts an academic position in a community college district or office of another county superintendent of schools.

(3) Any person employed by the board of governors in a position requiring certification qualifications or an employee of the office of the Chancellor of the California Community Colleges who accepts an academic position in a community college district or a position requiring certification qualifications in the office of any county superintendent of schools.

(4) Any certificated employee of the Commission on Teacher Credentialing who accepts an academic position in any community college district.

(b) The amount of leave to be transferred pursuant to this section shall be determined in the same manner as provided in Section 87782. All other provisions of Section 87782 shall also apply to the employees and employers described in this section.

history: (History: Amended by Stats. 2024, Ch. 471, Sec. 27. (SB 1329) Effective January 1, 2025.)

title: 3. POSTSECONDARY EDUCATION

article: 7. Leaves of Absence


text:
Any days of leave of absence for illness or injury allowed pursuant to Section 87781 may be used by the employee, at his election, in cases of personal necessity. The governing board of each community college district shall adopt rules and regulations requiring and prescribing the manner of proof of personal necessity for purposes of this section.

The employee shall not be required to secure advance permission for leave taken for any of the following reasons:

(a) Death or serious illness of a member of his immediate family.

(b) Accident, involving his person or property, or the person or property of a member of his immediate family.

No such accumulated leave in excess of six (6) days may be used in any school year for the purposes enumerated in this section.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

title: 3. POSTSECONDARY EDUCATION

article: 7. Leaves of Absence


text:
(a) An academic employee may take up to 30 days of leave in a school year, less any days of leave authorized pursuant to Sections 87781.5 and 87784, in either of the following circumstances:

(1) A biological parent may use leave pursuant to this section within the first year of his or her infant’s birth.

(2) A nonbiological parent may use leave pursuant to this section within the first year of legally adopting a child.

(b) If the provisions of this section are in conflict with the terms of a collective bargaining agreement in effect before January 1, 2015, the provisions of this section do not apply to the public employer and public employees subject to that agreement until the expiration or renewal of the agreement.

history: (History: Amended by Stats. 2015, Ch. 303, Sec. 132. (AB 731) Effective January 1, 2016.)

title: 3. POSTSECONDARY EDUCATION

article: 7. Leaves of Absence


text: Any person employed by a community college district, in an academic position who accepts a professional education position in the chancellor’s office of the California community colleges, the appointment to which is, or is intended to become, permanent, shall have transferred with him or her to the chancellor’s office of the California community colleges his accumulated leave of absence for illness or injury. The amount of leave to be transferred shall be determined in the same manner as provided in Section 87782, except in no case may the transferred accumulated sick leave exceed that amount of accumulated sick leave that the person would have earned as an employee in the system to which he or she is transferring. All other provisions of Section 87782 shall also apply to the employees and employers described in this section.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 152. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 7. Leaves of Absence


text:
Section 87780 shall not apply to any community college district which adopts and maintains in effect a rule that provides that when a person employed in an academic position is absent from their duties on account of illness or accident for a period of five school months or less whether or not the absence arises out of or in the course of the employment of the employee, the employee shall receive 50 percent or more of their regular salary during the period of the absence and nothing in Section 87780 shall be construed as preventing the governing board of any district from adopting any such rule.

Notwithstanding the foregoing, when a person employed in an academic position is absent from their duties on account of illness for a period of more than five school months, or when a person is absent from their duties for a cause other than illness, the amount deducted from the salary due the employee for the month in which the absence occurs shall be determined according to the rules and regulations established by the governing board of the district. These rules and regulations shall not conflict with rules and regulations of the board of governors.

Nothing in this section shall be construed so as to deprive any district, city, or city and county of the right to make any reasonable rule for the regulation of accident or sick leave or cumulative accident or sick leave without loss of salary for academic employees.

This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing district.

history: (History: Amended by Stats. 2020, Ch. 129, Sec. 3. (AB 3374) Effective January 1, 2021.)

title: 3. POSTSECONDARY EDUCATION

article: 7. Leaves of Absence


text:
(a) The governing board of a community college district shall provide by rules and regulations for industrial accident and illness leaves of absence for all academic employees. The governing board of a community college district that is created or whose boundaries or status is changed by an action to organize or reorganize community college districts completed after January 1, 1976, shall provide by rules and regulations for those leaves of absence on or before the date on which the organization or reorganization of the community college district becomes effective.

(b) The rules or regulations shall include all of the following provisions:

(1) Allowable leave shall be for not less than 60 days during which the community colleges of the district are required to be in session or when the employee would otherwise have been performing work for the community college district in any one fiscal year for the same accident.

(2) Allowable leave shall not be accumulated from year to year.

(3) Industrial accident or illness leave shall commence on the first day of absence.

(4) (A) 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 him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under Division 4 (commencing with Section 3200) or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to the employee of not more than his or her full salary.

(B) The phrase “full salary,” as used in this subdivision, shall be computed so that it shall not be less than the employee’s “average weekly earnings” as that phrase is used in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.

(5) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award.

(6) When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury.

(c) Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Sections 87780, 87781, and 87786, and, for purposes of each of these sections, his or her absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave. However, if the employee continues to receive temporary disability indemnity, he or she may elect to take as much of his or her accumulated sick leave as, when added to his or her temporary disability indemnity, will result in a payment to the employee of not more than his or her full salary.

(d) The governing board of a community college district, by rule or regulation, may provide for additional leave of absence for industrial accident or illness as it deems appropriate.

(e) During a paid leave of absence, the employee may endorse to the community college district the temporary disability indemnity checks received on account of his or her industrial accident or illness. The community college district, in turn, shall issue the employee appropriate salary warrants for payment of the employee’s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants.

(f) In the absence of rules and regulations adopted by the governing board of a community college district pursuant to this section, an employee shall be entitled to industrial accident or illness leave as provided in this section but without limitation as to the number of days of leave.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 74. (SB 1171) Effective January 1, 2017.)

title: 3. POSTSECONDARY EDUCATION

article: 7. Leaves of Absence


text: Every person employed by a community college district in an academic position is entitled to a leave of absence, not to exceed three days, or five days if out-of-state travel is required, on account of the death of any member of his or her immediate family. No deduction shall be made from the salary of the employee or shall the leave be deducted from leave granted by other sections of this code or provided by the governing board of the district. The governing board may enlarge the benefits of this section and may expand the class of relatives listed below as members of the immediate family. Members of the immediate family, as used in this section, means the mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, or sister of the employee, or any relative living in the immediate household of the employee.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 155. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 7. Leaves of Absence


text:
The governing board of a community college district may grant a leave of absence to any academic employee who has applied for disability allowance, not to exceed 30 days beyond final determination of the disability allowance by the State Teachers’ Retirement System. If the employee is determined to be eligible for the disability allowance by the system, the leave shall be extended for the term of disability, but not more than 39 months.

Governing boards of community college districts shall classify as temporary employees those persons employed to fill vacancies caused by the absence of academic employees who are classified as permanent and are receiving a disability or insurance allowance or benefit from the system or from a group insurance plan for which the employer is paying the cost or deducting the cost from the employees’ salaries.

For purposes of this section, the term of employment of the temporary employee shall be equal to the number of days of absence of the employee receiving the disability allowance.

If the term of employment extends beyond this period, the employee shall be credited for all days served as a probationary employee.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 156. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 7. Leaves of Absence


text: Notwithstanding any other provisions of this code, except Part 13 (commencing with Section 22000), the governing body of a community college district may adopt a workload balancing program for academic employees, under which time worked in excess of that required for a full-time position is banked and an equivalent paid leave of absence is granted in a subsequent quarter, semester, or academic year.

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 183. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

article: 7. Leaves of Absence


text: The governing board of a community college district shall fix and order paid the compensation of persons employed by the board as academic employees unless otherwise prescribed by law.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 157. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 51. EMPLOYEES > 3. Employment > 8. Salaries


text: The governing board of each community college district shall adopt and cause to be printed and made available to each academic employee a schedule of salaries to be paid.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 158. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text:
The governing board of a community college district may employ such temporary employees of the district as it deems necessary and shall adopt and make public a salary schedule setting the daily or pay period rate or rates for temporary employees.

This section shall not be construed as modifying or repealing any law fixing a minimum annual salary for employees of district.

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text: The governing board of a community college district may at any time during any school year increase the salaries of persons employed by the district in academic positions. The increase shall be effective on any date ordered by the governing board.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 160. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text: The governing board of community college district shall not decrease the annual salary of a person employed by the district in an academic position for failure to meet any requirement of the district that the person complete additional educational units, course of study, or work in any college or university or any equivalent thereof.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 161. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text: If a community college district fails to pay the salary of any person employed by it in an academic position who has on file a contract of employment held valid by the legal adviser of the county superintendent of schools having jurisdiction over the district, that county superintendent of schools may transfer sufficient money from the funds of the district to the county school service fund and pay the salary from that fund.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 163. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text:
Whenever a person has rendered service in an academic position, or the governing board of a district has employed a person in an academic position or the county superintendent has drawn an order for a warrant in favor of a person in an academic position, for a period of service during which the person did not have the qualifications required for the position as required by law, and when as a result thereof the employment of the person to render the service, the rendering of the service, the inclusion of the attendance of students taught by the person in the average daily attendance of the district, or the drawing of the order warrant for the service of that person, is in violation of any provision of this code, the employment, rendering of service, inclusion of attendance, or drawing of the order for the warrant shall be deemed fully legal for all purposes if the board of governors approves thereof in accordance with this section.

The board of governors shall adopt rules and regulations to establish procedures for a review in those cases and shall determine whether the rendering of the service shall be approved and made fully legal for all purposes. If the board gives its approval to the rendering of such service, then the employment, inclusion of attendance, and drawing of the order for the warrant shall be automatically approved and made fully legal for all purposes.

Unless and until amended by the board of governors, the regulations shall provide that the rendering of the service shall be approved if either of the following circumstances apply:

(a) The board determines that the person rendering the service had the necessary qualifications during the period of service in question.

(b) The district governing board determines, through a process that meets the requirements of Section 87359, and based on reasonable evidence, that the person rendering the service had qualifications that are at least equivalent to the qualifications specified in regulations of the board of governors.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 164. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text:
A person in an academic position who serves less than a full school year shall receive as salary only an amount that bears the same ratio to the established annual salary for the position as the number of working days he or she serves bears to the total number of working days plus institutes in the annual school term, and any other day when the employee is required by the governing board to be present at the schools of the district. Notwithstanding any provisions of this section to the contrary, a person in an academic position who serves a complete semester shall receive not less than one-half of the established annual salary for the position. This section shall not be so construed as to prevent the payment of compensation to a person while on leave of absence when the payment of the compensation is authorized by law.

In the event any such person dies during the school year, his or her estate shall be entitled to receive, as salary owed to the decedent, an amount that bears the same ratio to the established annual salary for the position as the number of working days he or she served bears to the total number of working days plus institutes in the annual school term, and any other day when the employee was required by the governing board to be present at the schools of the district, less any salary paid to the decedent prior to his or her death.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 165. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text:
Notwithstanding the provisions of Section 87815, the governing board of a community college district may adopt an alternative method of computing the salary received by an academic employee who serves less than a full school year.

The alternative method shall include the deduction from the employee’s regular salary of only that amount actually paid to a substitute or, if a substitute is not employed, the amount which would have been paid to a substitute had a substitute been employed.

For the purposes of this section, the amount which would have been paid to a substitute is that amount established by the district in a published salary schedule for substitute employees.

The alternative method shall only be applied upon authorization by the community college board based upon individual employee application and shall be limited to no more than five days per school year for each employee.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 166. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text: Notwithstanding the provisions of Section 87815 or any other provision of law to the contrary, if a person is employed by a community college district in an academic position at the beginning of the second semester of a school year for services during that semester, the compensation of the employee shall be not less than one-half of the annual compensation for that position.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 167. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text:
Whenever a salary schedule increasing the salaries of its academic employees is adopted by a community college district to be effective at the commencement of the second semester of a school year:

(a) The compensation of the employees shall not exceed one-half of the annual compensation for their positions under the former salary schedule for services during the first semester.

(b) The compensation of the employees shall not be less than one-half of the annual compensation for their positions under the newly adopted salary schedule for services during the second semester.

This section shall not be construed to limit the time at which any salary increase ordered by the governing board shall become effective.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 168. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text:
Each salary payment for any calendar month may be made on the last working day of the month and shall be paid not earlier than the last working day of the month and not later than the fifth day of the succeeding calendar month except that faculty employed for less than full time in classes for adults, in a day or evening community college, shall be paid on or before the 10th day of the succeeding calendar month for services performed during the preceding calendar month.

If the community college district provides for the payment of the salary of employees employed in academic positions once each two weeks, twice a month, or once each four weeks, each salary payment may be made on the last working day of the payroll period and shall be made not earlier than the last working day of the payroll period and not later than the eighth working day of the following payroll period.

This section shall not prohibit a district from making a payment of earned salary prior to the last working day of the month or payroll period.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 170. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text: Except as provided in Section 87790, when any community college district employs an academic employee to perform instruction or other services in addition to his or her regular instructing duties, or when a district employs an academic employee to perform instructing or other services at a summer school maintained by the district, the district shall pay the employee for those services either in one lump sum or at an hourly, daily, biweekly, quadriweekly, or monthly rate of pay. If the pay is in one lump sum, the district shall pay the employee within 10 days after the termination of the services. If the pay is at an hourly, daily, biweekly, quadriweekly or monthly rate, the district shall pay the employee within 10 days after the end of each calendar month or pay period during which the services are performed.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 171. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text: Instead of issuing a single warrant to each employee for salary or wages the district may use a payroll form of warrant making payment to two or more employees on one payroll warrant.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text: When the payroll form of warrant is used, the approved and allowed payroll warrant shall be deposited with the county treasurer, who shall make payment to the employee or his order.

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text: When the payroll form of warrant is used the name of each employee shall be listed.

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text: Except as otherwise provided in this code, no warrant shall be drawn in favor of any academic employee, unless the officer whose duty it is to draw the warrant is satisfied that the employee has faithfully performed all the duties prescribed.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 172. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text: Whenever reports are required to be filed with the county superintendent of schools by academic employees of districts authorized to issue warrants under the provision of Section 85266 and the reports have not been filed, the county superintendent of schools may direct the district in writing to withhold the salary payment due the employee involved. The payment should not be released to the employee until directed in writing by the county superintendent of schools.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 173. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text: For the purposes of Section 395 of the Military and Veterans Code or any other provision of law providing for the payment of salary or compensation to an employee of a community college district while absent from duty because he or she is engaged in ordered military or naval duty, the employee’s salary or compensation for 30 days shall (a), with respect to an employee serving in an academic position, be deemed to be one-tenth of the annual salary established for the position and (b), with respect to an employee serving in a classified position, be deemed to be one month’s salary.

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 184. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text:
(a) Except as provided in Section 87834, the governing board of each community college district, when drawing an order for the salary payment due to an academic employee of the district, shall reduce the order by the amount which the board has been requested in a revocable written authorization by the employee to deduct for the purpose of paying the dues of the employee for membership in any local professional organization, or in any statewide professional organization, or in any other professional organization affiliated or otherwise connected with a statewide professional organization which authorizes the statewide organization to receive membership dues on its behalf, or to deduct for the purpose of paying dues in, or for any other service, program, or committee provided or sponsored by, any certified or recognized employee organization, of which the employee is a bargaining unit member, whose membership consists, in whole or in part, of employees of the community college district, and which has as one of its objectives improvements in the terms and conditions of employment for the advancement of the welfare of the employees. Any revocation of a written authorization shall be in writing and shall be effective provided the revocation complies with the terms of the written authorization.

(b) Unless otherwise provided in an agreement negotiated pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board shall, no later than the 10th day of each pay period for academic employees, draw its order upon the funds of the district in favor of the organization designated by the employee for an amount equal to the total of the dues or other deductions made with respect to that organization for the previous pay period and shall transmit the total amount to that organization no later than the 15th day of each pay period for academic employees. When timely transmittal of dues or other payments by a county is necessary for a community college district to comply with the provisions of this section, the county shall act in a timely manner. The governing board may deduct from the amount transmitted to the organization on whose account the dues or other payments were deducted the actual reasonable costs of making the deduction.

(c) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee, pursuant to the terms of the written authorization. Whenever there is a change in the amount required for the payment to the organization, the employee organization shall provide the employee with adequate and necessary data on the change at a time sufficiently prior to the effective date of the change to allow the employee an opportunity to revoke the written authorization, if desired and if permitted by the terms of the written authorization. The employee organization shall provide the public school employer with notification of the change at a time sufficiently prior to the effective date of the change to allow the employer an opportunity to make the necessary adjustments and with a copy of the notification of the change which has been sent to all concerned employees.

(d) The governing board shall not require the completion of a new deduction authorization when a dues or other change has been effected or at any other time without the express approval of the concerned employee organization.

(e) The governing board shall honor the terms of the employee’s written authorization for payroll deductions. Employee requests to cancel or change authorizations for payroll deductions for employee organizations shall be directed to the employee organization rather than to the governing board. The employee organization shall be responsible for processing these requests. The governing board shall rely on information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed, and the employee organization shall indemnify the district for any claims made by the employee for deductions made in reliance on that information.

(f) A certified or recognized employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to submit to the governing board of a community college district a copy of the employee’s written authorization in order for the payroll deductions described in this section to be effective, unless a dispute arises about the existence or terms of the written authorization. The employee organization shall indemnify the district for any claims made by the employee for deductions made in reliance on its notification.

history: (History: Amended by Stats. 2018, Ch. 53, Sec. 3. (SB 866) Effective June 27, 2018.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text:
The governing board of each community college district when drawing an order for the salary or wage payment due to an academic employee of the district shall, with or without charge, reduce the order for the payment of service fees to the certified or recognized organization as required in an organizational security arrangement between the exclusive representative and a public school employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having the service fees deducted from the salary or wage order.

If the employees of a district do not authorize the board to make a deduction to pay their pro rata share of the costs of making deductions for the payment of service fees to the certificated or recognized organization, the board shall deduct from the amount transmitted to the organization on whose account the payments were deducted the actual costs, if any, of making the deduction. No charge shall exceed the actual cost to the district of the deduction. These actual costs shall be determined by the board and shall include startup and ongoing costs.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 176. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text:
(a) Notwithstanding any other law, the governing board of a community college district that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from the salary of an academic employee for the purpose of transmitting the money to an employee organization shall transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction to the employee.

(b) (1) This section does not limit the right of an employee organization or affected employee to sue for a failure of the employer to transmit dues or fees pursuant to this section.

(2) In an action brought for a violation of subdivision (a), the court may award reasonable attorney fees and costs to the prevailing party if any party to the action requests attorney fees and costs.

history: (History: Added by Stats. 2003, Ch. 344, Sec. 3. Effective January 1, 2004.)

title: 3. POSTSECONDARY EDUCATION

article: 8. Salaries


text: It is the intent of the Legislature that part-time community college faculty and their eligible dependents have continuous access to health insurance benefits.

history: (History: Added by Stats. 1996, Ch. 943, Sec. 1. Effective January 1, 1997.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 51. EMPLOYEES > 3. Employment > 9. Part-Time Community College Faculty Health Insurance Program


text: There is hereby established the Part-Time Community College Faculty Health Insurance Program for the purpose of providing a state incentive program to encourage community college districts to offer health insurance for part-time faculty.

title: 3. POSTSECONDARY EDUCATION

article: 9. Part-Time Community College Faculty Health Insurance Program


text:
For purposes of this article, the following definitions apply:

(a) “Health insurance benefits” include medical benefits and may include vision or dental benefits.

(b) “Multidistrict part-time faculty” refers to any faculty member whose total teaching assignments at two or more community college districts equals or exceeds 40 percent of the cumulative equivalent of a minimum full-time teaching assignment. “Multidistrict part-time faculty” does not include “part-time faculty” as defined in subdivision (c).

(c) “Part-time faculty” refers to any faculty member whose teaching assignment equals or exceeds 40 percent of the cumulative equivalent of a minimum full-time teaching assignment.

(d) The changes made to subdivision (c) during the 1999 portion of the 1999–2000 Regular Session of the Legislature shall be operative in any fiscal year only if funds are appropriated for purposes of those changes in the annual Budget Act or in another measure. If the amount appropriated in the annual Budget Act or in another measure for purposes of this section is insufficient to fully fund those changes for the fiscal year, the chancellor shall prorate the funds among the community college districts affected by this section.

history: (History: Amended by Stats. 2026, Ch. 79, Sec. 25. (SB 135) Effective July 13, 2026.)

title: 3. POSTSECONDARY EDUCATION


text: The governing board of a community college district may provide a program of health insurance for part-time faculty, multidistrict part-time faculty, and their dependents.

history: (History: Amended by Stats. 2022, Ch. 572, Sec. 11. (AB 190) Effective September 27, 2022.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) A part-time faculty member and their eligible dependents are eligible to participate in the program established pursuant to this article.

(b) A multidistrict part-time faculty member and their eligible dependents are eligible to participate in the program established pursuant to this article.

(c) The changes made to subdivision (a) during the 1999 portion of the 1999–2000 Regular Session of the Legislature shall be operative in any fiscal year only if funds are appropriated for purposes of those changes in the annual Budget Act or in another measure. If the amount appropriated in the annual Budget Act or in another measure for purposes of this section is insufficient to fully fund those changes for the fiscal year, the chancellor shall prorate the funds among the community college districts affected by this section.

(d) Any changes made pursuant to this section to the Part-time Community College Faculty Health Insurance Program shall not affect any part-time health insurance program in effect on January 1, 2000.

history: (History: Amended by Stats. 2022, Ch. 572, Sec. 12. (AB 190) Effective September 27, 2022.)

title: 3. POSTSECONDARY EDUCATION


text: A part-time faculty member, multidistrict part-time faculty member, or their dependents whose premiums for health insurance are paid by an employer other than a community college district are not eligible to participate in the program established pursuant to this article.

history: (History: Amended by Stats. 2022, Ch. 572, Sec. 13. (AB 190) Effective September 27, 2022.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) A multidistrict part-time faculty member who individually purchases health insurance benefits is eligible to participate in the program established pursuant to this article.

(b) (1) A community college district shall reimburse a multidistrict part-time faculty member for the district’s proportionate share of the total health insurance premium paid by the multidistrict part-time faculty member, up to a proportionate share of the maximum of the full cost of the district’s most commonly subscribed family coverage plan.

(2) The community college district’s proportionate share shall be determined by dividing the total health insurance premium paid by the multidistrict part-time faculty member by the total number of community college districts in which the multidistrict part-time faculty member works for purposes of meeting the requirements of subdivision (b) of Section 87861, and multiplying that quotient by the percentage of health care cost paid by the community college district toward the total cost of the health insurance premium.

(c) A community college district may require reasonable documentation from a multidistrict part-time faculty member to verify that the faculty member’s total cumulative teaching assignments at two or more community college districts equals or exceeds 40 percent of the cumulative equivalent of a minimum full-time teaching assignment. A community college district may require reasonable documentation from a multidistrict part-time faculty member to determine the district’s proportionate share, as described in subdivision (b), which may include, but is not necessarily limited to, documentation verifying enrollment in a health insurance plan and the premium paid for the health insurance plan.

history: (History: Added by Stats. 2022, Ch. 572, Sec. 14. (AB 190) Effective September 27, 2022.)

title: 3. POSTSECONDARY EDUCATION


text:
The governing board of each community college district that establishes a program pursuant to this article shall do both of the following:

(a) Negotiate with the exclusive representative as to the payment of the portion of the health insurance premium that is not funded by the state.

(b) By June 1 of each year, send verification to the Chancellor of the California Community Colleges as to the number of participants in the program.

title: 3. POSTSECONDARY EDUCATION


text:
(a) By June 15 of each year, the Chancellor of the California Community Colleges shall apportion to each community college district that establishes a program pursuant to this article an amount that equals up to one-half of the total cost of the individual premiums required to be paid for the health insurance coverage of participating part-time faculty, multidistrict part-time faculty, and their dependents in the district.

(b) By June 15 of each year, the chancellor shall apportion any remaining funds appropriated for this program to each community college district that establishes a program pursuant to this article and meets all of the following criteria, up to the total cost of the individual premiums required to be paid for the health insurance coverage of participating part-time faculty, multidistrict part-time faculty, and their dependents in the district:

(1) Offers health insurance coverage to all part-time faculty who meet the requirements in subdivision (c) of Section 87861.

(2) Offers part-time faculty the same health insurance benefits provided to the full-time faculty at the community college district.

(3) Limits individual premiums paid by part-time faculty to no more than the actual individual premium paid by full-time faculty in that district.

(4) Offers health insurance coverage to all multidistrict part-time faculty who meet the requirements in subdivision (b) of Section 87861, and pursuant to Section 87865.

(c) The chancellor shall distribute funds that have been appropriated specifically for this purpose, and pursuant to subdivisions (a) and (b), proportionally based on each community college district’s total costs for premiums for those districts that submit verification of the costs of premiums for eligible employees for a fiscal year, but in no event shall the allocation to any district exceed the full cost of the verified premiums.

(d) If funds appropriated for this purpose remain after all apportionments for subdivisions (a) and (b) have been made, the balance that exceeds that amount shall revert to the General Fund annually.

history: (History: Amended by Stats. 2022, Ch. 572, Sec. 15. (AB 190) Effective September 27, 2022.)

title: 3. POSTSECONDARY EDUCATION


text: It is the intent of the Legislature that ongoing funding for the purposes of this article be subject to annual Budget Act appropriations.

title: 3. POSTSECONDARY EDUCATION


text: The Legislature finds and declares that community college part-time faculty are required to fulfill the same teaching responsibilities as full-time faculty although students have little or no access to part-time faculty members outside of the classroom. It is the intent of the Legislature that students have the same opportunity for academic assistance and guidance without regard to whether a course at a community college is taught by a full-time or a part-time faculty member. It is the further intent of the Legislature that community college part-time faculty teaching a minimum number of courses be compensated for providing academic counseling and assistance to students outside of the classroom.

history: (History: Added by Stats. 1997, Ch. 933, Sec. 1. Effective January 1, 1998.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 51. EMPLOYEES > 3. Employment > 10. Community College Part-Time Faculty Office Hours Program


text: There is hereby established the Community College Part-Time Faculty Office Hours Program for the purpose of providing community college students equal access to academic advice and assistance and to encourage community college districts to provide opportunities by compensating part-time faculty who hold office hours related to their teaching load.

title: 3. POSTSECONDARY EDUCATION

article: 10. Community College Part-Time Faculty Office Hours Program


text: For purposes of this article, “part-time faculty” means any person who is employed to teach for not more than the hours per week described in Section 87482.5.

history: (History: Amended by Stats. 2009, Ch. 187, Sec. 9. (SB 511) Effective January 1, 2010.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) The governing board of a community college district may provide compensation for office hours to part-time faculty.

(b) The compensation paid to part-time faculty under this article shall equal at least one paid office hour for every two classes or more taught each week or 40 percent of a full-time load as defined by the community college district.

(c) Nothing in this section precludes compensation under this program for paid office time for each 20 percent of a full-time load, or fraction thereof, as defined by the community college district.

(d) The change made to subdivision (c) during the 1999 portion of the 1999–2000 Regular Session of the Legislature shall be operative in any fiscal year only if funds are appropriated for purposes of that change in the annual Budget Act or in another measure. If the amount appropriated in the annual Budget Act or in another measure for purposes of this section is insufficient to fully fund that change for the fiscal year, the chancellor shall prorate the funds among the community college districts affected by this section.

history: (History: Amended by Stats. 1999, Ch. 738, Sec. 6. Effective January 1, 2000.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) The governing board of each community college district that establishes a program pursuant to this article shall negotiate with the exclusive bargaining representative, or in instances where there is no bargaining unit shall meet and confer with the faculty, to establish a program to provide part-time faculty office hours.

(b) Any hours negotiated under this program shall not be applied toward the maximum percentage-of-hours limitation for part-time faculty as specified in Section 87882. These hours shall not be counted towards the hours per week of teaching adult or community college classes for purposes of acquiring eligibility for tenure or for purposes of fulfilling any probationary hour requirements.

(c) On or before June 1 of each year, each community college district participating in the program shall send a verification to the Chancellor of the California Community Colleges specifying the total costs of the compensation paid for office hours of part-time faculty participating in the program.

(d) Any changes made by this section to the Community College Part-Time Faculty Office Hours Program shall not affect any part-time faculty office hours program in effect on January 1, 2000.

history: (History: Amended by Stats. 2011, Ch. 349, Sec. 11. (SB 940) Effective January 1, 2012.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) The Part-Time Faculty Office Hours Program Fund is hereby established in the State Treasury.

(b) On or before June 15 of each year, the Chancellor of the California Community Colleges shall apportion to each community college district that establishes a program pursuant to this article an amount of up to 90 percent of the total costs of compensation paid for office hours of part-time faculty, as defined in Section 87882. The chancellor shall distribute funds that are appropriated in the annual Budget Act specifically for this purpose proportionally based on each district’s total costs for office hours of part-time faculty pursuant to the verification submitted by the community college district in accordance with subdivision (c) of Section 87884 for that fiscal year. In no event, however, shall the allocation to any district in a fiscal year exceed 90 percent of the total costs of the compensation paid for office hours of part-time faculty pursuant to this article.

(c) It is the intent of the Legislature that funding for the purposes of this article be included in the annual Budget Act.

(d) This section shall become operative on July 1, 2024.

history: (History: Repealed (in Sec. 8) and added by Stats. 2024, Ch. 71, Sec. 9. (SB 155) Effective July 2, 2024. Operative July 1, 2024, by its own provisions.)

title: 3. POSTSECONDARY EDUCATION


text:
As used in this article, the following definitions apply:

(a) “Faculty diversity” means the representation of faculty members from different racial, ethnic, gender, and disability groups, and other underrepresented groups.

(b) “Full-time faculty” means a faculty member who is employed by a community college on a full-time basis and teaches more than a 67-percent load.

(c) “FTES” means full-time equivalent students.

history: (History: Added by Stats. 2023, Ch. 50, Sec. 13. (SB 117) Effective July 10, 2023.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 51. EMPLOYEES > 3. Employment > 11. Full-time Faculty and Faculty Diversity


text:
(a) Each community college district shall report on or before March 31, 2024, and each March 31 thereafter, to the office of the Chancellor of the California Community Colleges on its progress in increasing the percentage of instruction by full-time faculty and in increasing faculty diversity.

(b) The report shall include the number of full-time faculty positions filled and maintained with the funds allocated for that purpose in the prior fiscal year, the percentage of the funds used in the prior fiscal year, and the cumulative total of the funds used and unused.

(c) The report shall also include, but is not limited to, all of the following:

(1) The number and percentage of instruction taught by full-time faculty as measured by the regulatory definition and calculation of full-time equivalent faculty.

(2) The number of units and FTES and percentage of units and FTES taught by full-time faculty.

(3) The number and percentage breakdown of full-time faculty disaggregated by race, ethnicity, gender, disability, and other relevant categories.

(4) The number and percentage breakdown of part-time faculty disaggregated by race, ethnicity, gender, disability, and other relevant categories.

(5) The number and percentage breakdown of part-time faculty who have applied for or been offered full-time positions.

(6) The number and percentage breakdown of faculty who have left or retired from their positions.

(7) The number and percentage breakdown of full-time faculty on release, sabbatical, or paid leave.

(8) The number of classroom student interaction hours taught by full-time faculty each week as part of their contractual load.

(9) The strategies and actions taken by the community college district to address challenges and barriers faced by the community college district in increasing full-time faculty and faculty diversity in support of student success and completion.

title: 3. POSTSECONDARY EDUCATION

article: 11. Full-time Faculty and Faculty Diversity


text:
(a) The office of the Chancellor of the California Community Colleges shall, on or before May 30, 2024, and each May 30 thereafter, synthesize the information received from community college districts pursuant to Section 87891 into a systemwide report to be posted on a public internet website.

(b) The report shall be submitted in a format prescribed by the chancellor’s office that ensures consistency, accuracy, and comparability of the information across community college districts.

(c) The report shall include, at a minimum, the following information for each community college district:

(1) The number of full-time faculty positions filled and maintained with the funds allocated for that purpose in the prior fiscal year.

(2) The amount and percentage of the funds used in the prior fiscal year.

(3) The cumulative total of the funds used and unused.

(4) The number and percentage of instruction taught by full-time faculty as measured by the regulatory definition and calculation of full-time equivalent faculty.

(5) The number of units and FTES and percentage of units and FTES taught by full-time faculty.

(6) The number and percentage breakdown of full-time faculty disaggregated by race, ethnicity, gender, disability, and other relevant categories.

(7) The number and percentage breakdown of part-time faculty disaggregated by race, ethnicity, gender, disability, and other relevant categories.

(8) The number and percentage breakdown of part-time faculty who have applied for or been offered full-time positions.

(9) The number and percentage breakdown of faculty who have left or retired from their positions.

(10) The number and percentage breakdown of full-time faculty on release, sabbatical, or paid leave.

(11) The number of classroom student interaction hours taught by full-time faculty each week as part of their contractual load.

(12) The strategies and actions taken by the community college district to address challenges and barriers faced by the community college district in increasing full-time faculty and faculty diversity in support of student success and completion.

title: 3. POSTSECONDARY EDUCATION


text:
(a) The office of the Chancellor of the California Community Colleges shall establish and implement a policy verifying that community districts are using full-time faculty funding appropriated in Item 6870-101-0001 of Section 2.00 of the annual Budget Act for the designated purposes and in accordance with applicable laws and regulations.

(b) The policy shall include, at a minimum, all of the following methods:

(1) Require community college districts to submit evidence of fund expenditure, including the number of full-time faculty positions filled and maintained with the funds allocated for that purpose.

(2) Provide technical assistance and guidance to community college districts on best practices and compliance requirements.

(3) Report any findings of misuse, waste, fraud, or abuse of funds and take corrective actions, as necessary.

(c) The Legislature shall be informed of any community college district that fails to comply with this article and each failing community college district shall be subject to notice at a meeting of the Board of Governors of the California Community Colleges.

title: 3. POSTSECONDARY EDUCATION


text: This article shall only apply to a community college district as a condition of receiving funds for the purpose of hiring new full-time faculty appropriated in Item 6870-101-0001 of Section 2.00 of the annual Budget Act.

title: 3. POSTSECONDARY EDUCATION


text:
This article, Article 2 (commencing with Section 88050), Article 4 (commencing with Section 88160), Article 5 (commencing with Section 88180), Article 6 (commencing with Section 88190), Article 8 (commencing with Section 88240), and Chapter 1 (commencing with Section 87000) shall apply to all classified employees of a community college district, whether a merit or nonmerit system district as authorized by this chapter unless the section specifically limits its application to nonmerit system districts.

These provisions shall not apply to employees of a community college district lying wholly within a city and county that provides in its charter for a merit system of employment for employees employed in positions that are part of the classified service.

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 185. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

chapter: 4. Classified Employees

article: 1. Employment

path: 3. POSTSECONDARY EDUCATION > 7. COMMUNITY COLLEGES > 51. EMPLOYEES > 4. Classified Employees > 1. Employment


text:
As used in this chapter the following terms mean:

(a) “Classification” means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position.

(b) “Permanent,” as used in the phrase “permanent employee,” includes tenure in the classification in which the employee passed the required probationary period and includes all of the incidents of that classification.

(c) “Regular,” as used in the phrase “regular classified employee,” or any similar phrase, refers to a classified employee who has probationary or permanent status.

(d) “Demotion” means assignment to an inferior position or status without the employee’s written voluntary consent.

(e) “Disciplinary action” includes any action whereby an employee is deprived of any classification or any incident of any classification in which he or she has permanence, including dismissal, suspension, demotion, or any reassignment, without his or her voluntary consent, except a layoff for lack of work or lack of funds.

(f) “Reclassification” means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in that position.

(g) “Layoff for lack of funds or layoff for lack of work” includes any reduction in hours of employment or assignment to a class or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff.

(h) “Cause,” relating to disciplinary actions against classified employees, means those grounds for discipline or offenses enumerated in the law or the written rules of a community college employer. No disciplinary action may be maintained for any “cause” other than as defined herein.

This section shall not apply to districts to which Article 3 (commencing with Section 88060) is applicable.

This section shall not apply to any district which, during the 1973–74 college year, had an average daily attendance of 100,000 or more.

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 186. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
(a) For the purposes of this section, every classified employee shall be deemed to be employed for 12 months during each college year regardless of the number of months in which he or she is normally in paid status.

(b) If, during a college year, it is necessary to assign a regular classified employee to perform an assignment or service in addition to his or her regular assignment, a community college district shall pay the classified employee on a pro rata basis for the additional assignment or service, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the regular college year, unless the community college district has negotiated a contract that allows for a lesser pay scale. A community college district shall inform a classified employee of the compensation and benefits of the additional assignment or service before the employee commences the additional assignment or service.

(c) A community college district that, in any college year, maintains school sessions at times other than during the regular academic year shall assign for service, during those times, regular classified employees of the district.

(d) If it is necessary to assign classified employees not regularly so assigned to serve between the end of one academic year and the commencement of another, the assignment shall be made on the basis of qualifications for employment in each classification of service that is required.

(1) A community college district may not require a classified employee whose regular yearly assignment for service excludes all, or any part of, the period between the end of the academic year to the beginning of the next academic year to perform services during that period.

(2) A classified employee, for services performed as provided in this subdivision, shall receive, on a pro rata basis, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the regular academic year.

(e) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060).

history: (History: Amended by Stats. 2003, Ch. 280, Sec. 2. Effective January 1, 2004.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
(a) The governing board of a community college district shall employ persons for positions that are not academic positions. The governing board of a community college district, except where Article 3 (commencing with Section 88060) or Section 88137 applies, shall classify all those employees and positions. The employees and positions shall be known as the classified service. Substitute and short-term employees, employed and paid for less than 75 percent of a college year, shall not be a part of the classified service. Apprentices and professional experts employed on a temporary basis for a specific project, regardless of length of employment, shall not be a part of the classified service. Full-time students employed part time, and part-time students employed part time in a college work-study program, or in a work experience education program conducted by a community college district and that is financed by state or federal funds, shall not be a part of the classified service. Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a community college district, except as authorized by this section.

(b) “Substitute employee,” as used in this section, means a person employed to replace a classified employee who is temporarily absent from duty. In addition, if the community college district is then engaged in a procedure to hire a permanent employee to fill a vacancy in a classified position, the governing board of the community college district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.

(c) “Short-term employee,” as used in this section, means a person who is employed to perform a service for the community college district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing basis. Before employing a short-term employee, the governing board of a community college district, at a regularly scheduled meeting of the governing board of the community college district, shall specify the service required to be performed by the employee pursuant to the definition of “classification” in subdivision (a) of Section 88001, and shall certify the ending date of the service. The ending date may be shortened or extended by the governing board of the community college district, but shall not extend beyond 75 percent of a school year.

(d) “Seventy-five percent of a college year” means 195 working days, including holidays, sick leave, vacation, and other leaves of absences, irrespective of number of hours worked per day.

(e) Employment of either full-time or part-time students in a college work-study program or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.

(f) This section shall apply only to community college districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).

(g) An employee employed by a community college district in a part-time playground position as of the effective date of the laws placing part-time playground positions into the classified service shall be deemed a permanent employee of the community college district.

history: (History: Amended by Stats. 2018, Ch. 488, Sec. 2. (AB 2160) Effective January 1, 2019.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
(a) Notwithstanding any other provision of this chapter, personal services contracting for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met:

(1) The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the community college district, provided that:

(A) In comparing costs, there shall be included the community college district’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function.

(B) In comparing costs, there shall not be included the community college district’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the community college district. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials.

(C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing community college district costs that would be directly associated with the contracted function. These continuing community college district costs shall include, but not be limited to, those for inspection, supervision, and monitoring.

(2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not undercut community college district pay rates.

(3) The contract does not cause the displacement of community college district employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same classification and general location or employment with the contractor, so long as wages and benefits are comparable to those paid by the school district.

(4) The savings shall be large enough to ensure that they will not be eliminated by private sector and community college district cost fluctuations that could normally be expected during the contracting period.

(5) The amount of savings clearly justify the size and duration of the contracting agreement.

(6) The contract is awarded through a publicized, competitive bidding process.

(7) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination standards.

(8) The potential for future economic risk to the community college district from potential contractor rate increases is minimal.

(9) The contract is with a firm. A “firm” means a corporation, limited liability company, partnership, nonprofit organization, or sole proprietorship.

(10) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by the community college district.

(b) Notwithstanding any other provision of this chapter, personal services contracting shall also be permissible when any of the following conditions can be met:

(1) The contract is for new community college district functions and the Legislature has specifically mandated or authorized the performance of the work by independent contractors.

(2) The services contracted are not available within community college districts, cannot be performed satisfactorily by community college district employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the community college district.

(3) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented.

(4) The policy, administrative, or legal goals and purposes of the community college district cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary hiring process. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation.

(5) The nature of the work is such that the criteria for emergency appointments apply. “Emergency appointment” means an appointment made for a period not to exceed 60 working days either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergency employee shall be determined by the community college district. The frequency of appointment, length of employment, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments shall be restricted so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process.

(6) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the community college district in the location where the services are to be performed.

(7) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under the community college district’s regular or ordinary hiring process would frustrate their very purpose.

(c) This section shall apply to all community colleges, including community college districts that have adopted the merit system.

(d) This section shall apply to personal service contracts entered into after January 1, 2003. This section shall not apply to the renewal of personal services contracts subsequent to January 1, 2003, where the contract was entered into before January 1, 2003, irrespective of whether the contract is renewed or rebid with the existing contractor or with a new contractor.

history: (History: Amended by Stats. 2010, Ch. 328, Sec. 58. (SB 1330) Effective January 1, 2011.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
Every position not defined by the regulations of the board of governors as an academic position and not specifically exempted from the classified service according to the provisions of Section 88003 or 88076 shall be classified as required by those sections and shall be a part of the classified service. These positions may not be designated as academic by the governing board of a district nor shall the assignment of a title to any such a position remove the position from the classified service.

Nothing in this section shall be construed to prohibit anyone from being employed in a classification because he or she possesses the minimum qualifications required of faculty members or academic administrators, nor shall the possession of those qualifications be grounds for the elimination of an individual from consideration for employment in a classified position.

This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 3 (commencing with Section 88060) of this chapter.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 179. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
All contracts for management consulting services relating to food service shall be governed by this section.

(a) Notwithstanding Sections 88003, 88004, 88020.5, and 88076, any community college district may enter into a contract for management consulting services relating to food service for a term not to exceed one year. Any renewal of that contract, or further requests for proposals to provide food service management consulting services, shall be considered on a year-to-year basis. A contract for food service management consulting services shall not cause or result in the elimination of any food service classified personnel or position. A contract for food service management consulting services shall not cause or result in any adverse effect upon any food service classified personnel or position with respect to wages, benefits, or other terms and conditions of employment.

(b) A contract made pursuant to subdivision (a) shall not provide for, or result in the supervision of, food service classified personnel by the food service management consultant. This section shall not be construed to prevent an entity providing food service management consulting services from interacting or consulting with the food service manager or director, supervisors, or food service classified employees of the community college district on matters relating to food services except those prohibited by subdivision (a).

(c) Sections 88021, 88022, 88023, 88024, and 88025, and any other health criteria established by the local community college district, are applicable to all persons providing food service management consulting services under this section.

(d) This section shall apply to all community college districts, including districts that have adopted the merit system.

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 189. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
(a) Nonacademic positions created by a governing board of a school district under the Manpower Development and Training Act of 1962, the Economic Opportunity Act of 1964, the Elementary and Secondary Education Act of 1965, or Section 11300 or Section 13650 of the Welfare and Institutions Code, any future federal or state legislative enactment, or any other special funding, and which are not a part of the regular school program shall, nevertheless, be a part of the classified service as established by Section 88003 or Section 88076 of this code.

Persons employed in such positions shall be classified employees and shall enjoy all the rights, burdens and benefits accorded other classified employees. Their selection and retention shall be made on the same basis as that of persons selected for positions that are a part of the regular school program.

(b) Notwithstanding the provisions of subdivision (a), if specially funded positions are restricted to employment of persons in low-income groups, from designated impoverished areas and other criteria which restricts the privilege of all citizens to compete for employment in such positions, all such positions shall, in addition to the regular class title, be classified as “restricted.” Their selection and retention shall be made on the same basis as that of persons selected and retained in positions that are a part of the regular school program, except that persons employed in the following categories of restricted positions shall not be subject to the provisions of Section 88091 or 88092:

(1) The position of instructional aide, as defined in Section 88243.

(2) Any other position involving personal contacts with students or parents that is established to assist school-staff personnel responsible for school-community relations; educational support services for such areas as counseling, library or health; or the correction or prevention of behavioral problems.

Persons employed in positions properly classified as “restricted” shall be classified employees for all purposes except:

(A) They shall not be accorded employment permanency under Section 88013 or Section 88120 of the Education Code, whichever is applicable.

(B) They shall not acquire seniority credits for the purposes of Sections 88117 and 88127 of the Education Code or, in a district not having the merit (civil service) system, for the purposes of layoff for lack of work or lack of funds as may be established by rule of the governing board.

(C) The provisions of Sections 88106 and 88108 shall not apply to “restricted” employees.

(D) They shall not be eligible for promotion into the regular classified service or, in districts that have adopted the merit system, shall not be subject to the provisions of Section 88061, until they have complied with the provisions of subdivision (c).

(c) At any time, after completion of six months of satisfactory service, a person serving in a “restricted” position shall be given the opportunity to take such qualifying examinations as are required for all other persons serving in the same class in the regular classified service. If the person satisfactorily completes the qualifying examination, regardless of final numerical listing on an eligibility list, he or she shall be accorded full rights, benefits and burdens of any other classified employee serving in the regular classified service. His or her service in the regular classified service shall be counted from the original date of employment in the “restricted” position and shall continue even though he or she continues to serve in a “restricted” position.

(d) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter.

(e) It is the intent of the Legislature in enacting this section to clearly set forth that positions normally a part of the classified service are included therein regardless of the source of income to sustain the positions and to effectively implement specially funded programs intended to provide job opportunities for untrained and impoverished persons but to do so in a manner that will not be disruptive nor detrimental to the normal employment procedures relating to classified school service.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 180. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
The governing board of a community college district may establish positions and employ persons in public service employment positions which are funded by the Comprehensive Employment and Training Act (CETA) and which are restricted by the act to a limited duration of participation.

The positions shall be a part of the classified service. Persons so employed shall be classified employees for all purposes except that they shall not be subject to the provisions of Sections 88091 and 88092, and they shall not acquire permanent status or seniority credit for the purpose of layoff or reemployment. Retirement benefits shall be subject to the applicable federal law.

Persons employed in and occupying such positions shall be eligible to apply for any position or class of positions within the classified service for which they meet the qualifications, and, upon employment in the regular classified service, shall have their classified service counted from the original date of employment in the CETA position.

history: (History: Added by Stats. 1980, Ch. 714, Sec. 2.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
Notwithstanding the provisions of Section 88003 or Section 88076, which exempt certain types of positions or categories of personnel from the classified service of a community college district, persons serving in exempt positions or who serve in classified positions but are exempted from the classified service shall, nevertheless, be subject to the provisions of Sections 87408.6, 88021, 88022, 88023 and 88024. The governing board of every district shall, by rule or regulation, provide for the implementation of this section.

The provisions of this section shall not apply to full-time day students regularly attending in the district of employment.

history: (History: Amended by Stats. 1982, Ch. 251, Sec. 43. Effective June 11, 1982.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
(a) The “act” as used in this section shall mean the Federal Emergency Employment Act of 1971 (Public Law 92-54) or any similar federal law hereafter enacted to provide transitional employment in public service positions for unemployed or underemployed persons.

(b) Funds derived from the act shall not be expended for work that: (1) would otherwise have been performed at federal, state, or local expense; (2) will not result in an increase over the employment which would otherwise be available; (3) which will result in the displacement of permanent members of the classified service (including partial displacement, such as reduction in the hours of nonovertime work or wages or employment benefits); (4) or which will impair existing rights of permanent members of the classified service.

(c) If during the term of a contract or renewal thereof, executed under the act, a community college district is engaged in layoffs for lack of work or lack of funds of permanent classified employees serving in regular positions and is employing personnel or contemplates employing personnel in like or reasonably similar positions under the act, a report shall be submitted by the superintendent of schools to the governing board clearly demonstrating and substantiating the fact that the duties being performed by the permanent employees in regular positions who are being laid off will not be performed by personnel employed under the act.

Approval of the report by the governing board shall constitute its acceptance of the facts, as contained therein, and based thereon its affirmation of compliance with the contract executed under the act and this section.

This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 3 (commencing with Section 88060) of this chapter.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
If the governing board of a community college district establishes positions in the categories described below and restricts initial appointments of new employees to persons in low-income groups or residing in specifically designated areas of the community, then such positions shall, in addition to the regular class title, be classified as “restricted.” The positions shall be part of the classified service and persons so employed shall be classified employees for all purposes except that (1) they shall not be subject to the provisions of Section 88091 or 88092, and (2) they shall not acquire permanent status or seniority credit and shall not be eligible for promotion into the regular classified service until they have complied with the provisions of subdivision (c) of Section 88005.

The categories of positions for which the governing board may establish restrictions under this section are:

(a) The position of instructional aide, as defined in Section 88243.

(b) Any other position involving personal contacts with students or parents, that is established to assist college staff personnel responsible for college-community relations; educational support services for such areas as counseling, library, or health; or the correction or prevention of behavioral problems.

This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060).

history: (History: Added by Stats. 1981, Ch. 470, Sec. 404.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
Governing boards shall fix and prescribe the duties to be performed by all persons in the classified service and other nonacademic positions of the community college district, except those persons employed as a part of a personnel commission staff as provided in Article 3 (commencing with Section 88060) of this chapter.

This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter.

history: (History: Amended by Stats. 1990, Ch. 1302, Sec. 181. Effective September 25, 1990.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
Classified employees shall not be required to perform duties that are not fixed and prescribed for the position by the governing board in accordance with Section 88009, unless the duties reasonably relate to those fixed for the position by the board, for any period of time that exceeds five working days within a 15-calendar-day period except as authorized herein.

An employee may be required to perform duties inconsistent with those assigned to the position by the governing board for a period of more than five working days if his or her salary is adjusted upward for the entire period he or she is required to work out of classification and in amounts that will reasonably reflect the duties required to be performed outside his or her normal assigned duties.

Notwithstanding this section, a personnel commission and governing board, or a governing board in a nonmerit system district, by written rule, may provide for an upward salary adjustment for any classified employee required to work out of classification for any period of time less than that required herein.

It is the intent of this section to permit community college districts to temporarily work employees outside of their normal duties but in so doing to require that some additional compensation be provided the employee during such temporary assignments.

This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060).

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 190. Effective January 1, 1996.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
A classified employee employed by any community college district that decides to maintain classes on Saturday or Sunday, or both, shall not, without his or her written consent, be required to change his or her workweek to include Saturday or Sunday, or both. No classified employee shall be assigned to perform services on a Saturday or Sunday if the classified employee objects in writing that the assignment would conflict with his or her religious beliefs or practices. Enactment of this section shall cause no change or disruption in existing work schedules that may already include Saturday or Sunday as regular workdays.

This section shall not be construed as limiting the power of any governing board of a community college district to govern the schools of the district, including the assignment of classified employees employed by the district.

This section shall not be construed as modifying or otherwise affecting Section 88026, 88027, 88030, or 88040 or any other provisions of this code relating to employment of classified employees.

history: (History: Amended by Stats. 1993, Ch. 139, Sec. 1. Effective July 19, 1993.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
No community college district may adopt or maintain any rule or regulation which requires a candidate for a position in the classified service to be a resident of the district or to become a resident of the district, or which requires that an employee maintain residency within the district; nor may a district grant preferential points or other preferential treatment to those candidates or employees who are residents of the district. This section shall not apply to restricted positions as provided for in Sections 88005 and 88008.

The Legislature in enacting this section recognizes that the public school system of this state is the property of all its citizens, and that all qualified candidates for positions in the classified service, regardless of residence, should be granted the opportunity to compete for and obtain such positions based solely on merit and fitness.

This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter.

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment


text:
If the governing board of any community college district employs staff assistants or field representatives to directly assist the governing board or individual governing board members in carrying out their policymaking duties, such assistants or representatives shall be members of the classified service, except that such assistants or representatives shall be exempt from all provisions of this code relating to obtaining a permanent status in any position in the district, and procedures pertaining to the recruitment, appointment, classification, and salary of members of the classified service.

Staff assistants shall serve at the pleasure of a majority of the governing board, and each field representative appointed by the governing board to assist an individual member shall serve at the pleasure of such member.

It is the intent of the Legislature that persons employed under Section 88012 will not be utilized for election campaigns of board members during hours of their employment.

This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter.

title: 3. POSTSECONDARY EDUCATION

article: 1. Employment