87762-87790
EDUCATION CODE
SECTION 87762-87790
87762. In specifying or defining the rights of employees in Section
87746, "war" means "war" as defined in Section 22804.
87763. Governing boards of community college districts may grant
leaves of absence to persons employed in academic positions.
87764. When any provision of this code expressly authorizes or
requires the governing board of a community college district to grant
a leave of absence for any purpose or for any period of time to
persons employed in academic positions, that express authorization or
requirement does not deprive the governing board of the power to
grant leaves of absence with or without pay to those employees for
other purposes or for other periods of time, so long as the governing
board does not deprive any employee of any leave of absence to which
he or she is entitled by law.
87765. The governing board of a community college district may
provide for the leave of absence from duty and may grant compensation
during the leave of absence to any employee of the district who is
employed in an academic position and who is compelled to absent
himself or herself from his or her duties because of accident or
illness, whether or not the cause of absence arises out of and in the
course of the employment of the employee, or because of quarantine
which results from his or her contact with other persons having a
contagious disease while performing his or her duties, or because of
temporary inability to perform the services required of him or her
because of illness, accident, or quarantine.
87766. The governing board of a community college district shall
provide for leave of absence from duty for any academic employee of
the district who is required to be absent from duties because of
pregnancy, miscarriage, childbirth, and recovery therefrom. The
length of the leave of absence, including the date on which the leave
shall commence and the date on which the employee shall resume
duties, shall be determined by the employee and the employee's
physician.
Disabilities caused or contributed to by pregnancy, miscarriage,
childbirth, and recovery therefrom are, for all job-related purposes,
temporary disabilities and shall be treated as such under any health
or temporary disability insurance or sick leave plan available in
connection with employment by any school district.
Except as provided herein, written and unwritten employment
policies and practices of a community college district shall be
applied to disability due to pregnancy or childbirth on the same
terms and conditions applied to other temporary disabilities.
This section shall be construed as requiring the governing board
of a community college district to grant leave with pay only when it
is necessary to do so in order that leaves of absence for
disabilities caused or contributed to by pregnancy, miscarriage, or
childbirth be treated the same as leaves for illness, injury, or
disability.
87767. The governing board of a community college district may
grant any employee of the district employed in an academic position,
a leave of absence not to exceed one year for the purpose of
permitting study or travel by the employee which will benefit the
schools and students of the district. The governing board may provide
that such a leave of absence be taken in separate six-month periods
or separate quarters rather than for a continuous one-year period,
provided that the leave of absence for both of the separate six-month
periods or any or all quarters shall be commenced and completed
within a three-year period. Any period of service by the individual
intervening between the two separate six-month periods or separate
quarters of the leave of absence shall comprise a part of the service
required for a subsequent leave of absence.
87768. Notwithstanding any other provision of this code, the
governing board of any community college district may grant a leave
of absence under Section 87767 to any academic employee who has
rendered service to the district for at least six consecutive years
preceding the granting of the leave, but not more than one such leave
of absence shall be granted in each six-year period. The governing
board granting the leave of absence may prescribe the standards of
service which shall entitle the employee to the leave of absence. No
absence from the service of the district under a leave of absence,
other than a leave of absence granted pursuant to Section 87767,
granted by the governing board of the district shall be deemed a
break in the continuity of service required by this section, and the
period of the absence shall not be included as service in computing
the six consecutive years of service required by this section.
Service under a national recognized fellowship or foundation approved
by the board of governors, for a period of not more than one year,
for research, teaching or lecturing shall not be deemed a break in
continuity of service, and the period of the absence shall be
included in computing the six consecutive years of service required
by this section.
87768.5. The governing board of a community college district shall
grant to any employee, upon request, a leave of absence without loss
of compensation for the purpose of enabling the employee to serve as
an elected officer of any local community college district public
employee organization, or of any statewide or national public
employee organization with which the local organization is
affiliated.
The leave shall include, but is not limited to, absence for
purposes of attendance by the employee at periodic, stated, special,
or regular meetings of the body of the organization on which the
employee serves as an officer. Compensation during the leave shall
include retirement fund contributions required of the community
college district as employer. Required retirement contributions shall
include the amount necessary to pay any unfunded liability cost for
the retirement plan. The employee shall earn full service credit
during the leave of absence and shall pay member contributions as
prescribed by Section 22901. The maximum amount of the service credit
earned shall not exceed 12 calendar years. Any employee who serves
as a full-time officer of a public employee organization shall not be
eligible for disability benefits under the State Teachers'
Retirement System while on the leave of absence.
Following the community college district's payment of the employee
for the leave of absence, the community college district shall be
reimbursed by the employee organization of which the employee is an
elected officer for all compensation paid the employee on account of
the leave. Reimbursement by the employee organization shall be made
within 10 days after its receipt of the community college district's
certification of payment of compensation to the employee.
The leave of absence without loss of compensation provided for by
this section is in addition to the released time without loss of
compensation granted to representatives of an exclusive
representative by subdivision (c) of Section 3543.1 of the Government
Code.
87769. Every employee granted a leave of absence pursuant to
Section 87767 may be required to perform such services during the
leave as the governing board of the district and the employee may
agree upon in writing, and the employee shall receive such
compensation during the period of the leave as the governing board
and the employee may agree upon in writing, which compensation shall
be not less than the difference between the salary of the employee on
leave and the salary of a substitute employee in the position which
the employee held prior to the granting of the leave. However, in
lieu of such difference, the board may pay one-half of the salary of
the employee on leave or any additional amount up to and including
the full salary of the employee on leave.
87769.5. An employee granted a leave of absence pursuant to Section
87767 or 87768 may agree in writing with the governing board of the
community college district not to receive compensation during the
period of the leave.
87770. Every employee, as a condition to being granted a leave of
absence pursuant to Section 87767, shall agree in writing to render a
period of service in the employ of the governing board of the
district following his or her return from the leave of absence which
is equal to twice the period of the leave. Compensation granted by
the governing board to the employee on leave for less than one year
may be paid during the first year of service rendered in the employ
of the governing board following the return of the employee from the
leave of absence or, in the event that the leave is for a period of
one year, the compensation may be paid in two equal annual
installments during the first two years of service following the
return of the employee. The compensation shall be paid the employee
while on the leave of absence in the same manner as if the employee
were teaching in the district, upon the furnishing by the employee of
a suitable bond indemnifying the governing board of the district
against loss in the event that the employee fails to render the
agreed upon period of service in the employ of the governing board
following the return of the employee from the leave of absence. The
bond shall be exonerated in event the failure of the employee to
return and render the agreed upon period of service is caused by the
death or physical or mental disability of the employee. If the
governing board finds, and by resolution declares, that the interests
of the district will be protected by the written agreement of the
employee to return to the service of the district and render the
agreed upon period of service therein following his or her return
from the leave, the governing board may waive the furnishing of the
bond and pay the employee on leave in the same manner as though a
bond is furnished.
87771. If the employee does not serve for the entire period of
service agreed upon under Section 87770, the amount of compensation
paid for the leave of absence shall be reduced by an amount which
bears the same proportion to the total compensation as the amount of
time which was not served bears to the total amount of time agreed
upon. If the employee furnished an indemnity bond, upon default, the
proceeds of the bond shall be divided between the employee and the
community college district in the same proportion as the actual
amount of time served bears to the amount of time agreed upon.
87774. At the expiration of the leave of absence of the employee,
the employee, unless he or she otherwise agrees, shall be reinstated
in the position held by him or her at the time of the granting of the
leave of absence.
87775. Both the governing board of a community college district and
the district shall be freed from any liability for the payment of
any compensation or damages provided by law for the death or injury
of any employee of the district employed in an academic position when
the death or injury occurs while the employee is on any leave of
absence granted under the provisions of Sections 87763 to 87779,
inclusive.
87776. No leave of absence when granted to a contract employee
shall be construed as a break in the continuity of service required
for the classification of the employee as tenure. However, time spent
on any unpaid leave of absence shall not be included in computing
the service required as a prerequisite to attainment of, or
eligibility for, tenure.
87777. Whenever any permanent or probationary employee of a high
school district is employed by a community college district pursuant
to Section 87462 or 87464 such employee shall be entitled to retain
all sickness and injury, sabbatical and other leave rights
accumulated by service prior to such employment and the district
shall recognize and grant such rights, including any accumulated
rights allowed by the governing board of the high school district, as
fully as if there was no change in the community college district.
87779. When a community college or other place of employment shall
have been transferred from one district to another, any academic
employees who transfer with the school or other place of employment
shall be entitled to retain all sickness and injury, sabbatical and
other leave rights accumulated by service prior to the transfer and
the district to which the school or other place of employment has
been transferred shall recognize or grant those rights, including any
accumulated rights allowed by the governing board of the district
from which the school or other place of employment was transferred,
as fully as if there had been no change in the district maintaining
the school or other place of employment.
87780. When a person employed in an academic position is absent
from his or her 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 amount
deducted from the salary due the employee for any month 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. The community college district shall make every
reasonable effort to secure the services of a temporary employee.
The governing board of every community college district shall
adopt a salary schedule for temporary employees. The salary schedule
shall indicate a salary for a temporary employee for all categories
or classes of academic employees of the district.
Except in a district where the governing board has adopted a
salary schedule for temporary employees of the district, the amount
paid the temporary employee during any month shall be less than the
salary due the employee absent from his or her duties.
When a person employed in an academic position is absent from his
or her duties on account of illness for a period of more than five
school months, or when a person is absent from his or her duties for
a cause other than illness, the amount deducted from the salary due
the person for the month in which the absence occurs shall be
determined according to the rules and regulations established by the
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 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.
87781. (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.
87781.5. 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.
87782. Any academic employee of a community college district who
has been an employee of that district for a period of one school year
or more and who accepts an academic position in a school district or
community college district at any time during the second or any
succeeding school year of his or her employment with the first
district, or who, within the school year succeeding the school year
in which the employment is terminated, signifies acceptance of his or
her election or employment in an academic position in another
district, shall have transferred with him or her to the second
district the total amount of leave of absence for illness or injury
to which he or she is entitled under Section 87781. 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, which requires any employee transferring to its
district to waive any part or all of the leave of absence which he
or she may be entitled to have transferred in accordance with this
section.
87783. Any academic employee of a community college district who
accepts a position requiring certification qualifications in the
office of any county superintendent of schools; or, 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; or, 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;
or, any certificated employee of the Commission for Teacher
Preparation and Licensing who accepts an academic position in any
community college district; shall have transferred with him or her to
the second position his or her 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. All other
provisions of Section 87782 shall also apply to the employees and
employers described in this section.
87784. 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.
87785. 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.
87786. Section 87780 shall not apply to any community college
district which adopts and maintains in effect a rule which provides
that when a person employed in an adacemic position is absent from
his or her 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, he or she shall
receive 50 percent or more of his or her 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 his or her duties on account of
illness for a period of more than five school months, or when a
person is absent from his or her duties for a cause other than
illness, the amount deducted from the salary due him or her 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.
87787. Governing boards of community college districts shall
provide by rules and regulations for industrial accident and illness
leaves of absence for all academic employees. The governing board of
any district which is created or whose boundaries or status is
changed by an action to organize or reorganize 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 district becomes effective.
The rules or regulations shall include all of the following
provisions:
(a) Allowable leave shall be for not less than 60 days during
which the schools of the district are required to be in session or
when the employee would otherwise have been performing work for the
district in any one fiscal year for the same accident.
(b) Allowable leave shall not be accumulated from year to year.
(c) Industrial accident or illness leave shall commence on the
first day of absence.
(d) 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 3201) 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.
The phrase "full salary," as utilized in this subdivision, shall
be computed so that it shall not be less than the employee's "average
weekly earnings" as that phrase is utilized 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.
(e) Industrial accident or illness leave shall be reduced by one
day for each day of authorized absence regardless of a temporary
disability indemnity award.
(f) 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.
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 the 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 which, 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.
The governing board, by rule or regulation, may provide for
additional leave of absence for industrial accident or illness as it
deems appropriate.
During any paid leave of absence, the employee may endorse to the
district the temporary disability indemnity checks received on
account of his or her industrial accident or illness. The 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.
Any employee receiving benefits as a result of this section,
during periods of injury or illness, shall remain within the State of
California unless the governing board authorizes travel outside the
state.
In the absence of rules and regulations adopted by the governing
board 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.
87788. 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.
87789. 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.
87790. 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.