EmploymentLeaves of Absence
Section § 87762
This law section clarifies that when discussing employee rights in Section 87746, the term "war" is to be understood as it's defined in Section 22804. It essentially cross-references another section for the specific meaning of "war."
Section § 87763
Community college district boards have the authority to give leaves of absence to their academic staff. This means they can allow their teachers and other academic employees to take time off work if needed.
Section § 87764
This law means that if a community college's governing board is specifically allowed or required to give academic employees time off for certain reasons, it doesn't stop them from giving additional leave for other reasons or other lengths of time. However, they must still ensure employees get all the leave they are legally entitled to.
Section § 87765
This law allows the governing board of a community college district to give employees in academic roles leave from work if they are unable to perform their duties due to an accident, illness, or quarantine. They can also receive pay during this leave, regardless of whether their accident or illness is job-related or not.
Section § 87766
This section mandates that community college districts in California must provide leave for academic employees who need to take time off due to pregnancy, miscarriage, childbirth, and their recovery. The duration of this leave is decided by the employee and their doctor.
Pregnancy-related conditions are considered temporary disabilities and should be treated as such in terms of job-related benefits like health or disability insurance and sick leave. The same policies that apply to other temporary disabilities must apply to pregnancy-related leave.
The district only has to provide paid leave for pregnancy-related conditions if it already offers paid leave for other temporary disabilities.
Section § 87767
This law allows community college districts to give academic employees a leave of absence for up to one year to study or travel if it benefits the district's schools and students. The leave can be split into two six-month periods or separate quarters within three years. Any work done between these periods counts towards future leave eligibility.
Section § 87768
This law allows community college districts to grant a leave of absence to academic employees who have worked for at least six consecutive years. However, only one leave can be granted every six years. The district's governing board can set the service standards required for the leave. Taking an approved leave doesn’t break the employee's continuous service record of six years. Any time spent on a recognized fellowship or foundation, not longer than a year, also counts towards these six years and doesn't interrupt service continuity.
Section § 87768.5
This California law allows community college district employees to take a leave of absence with full pay to serve as elected officers of public employee organizations. This leave covers meetings and organizational duties. During this leave, the employee continues to earn retirement benefits, and the district must cover employer contributions. However, the public employee organization must reimburse the district for the employee’s salary during the leave. This law retroactively applies to service after August 31, 1978. It also outlines how to handle retirement contributions for the service period, ensuring employees keep their retirement credits even if this service was in the past.
Section § 87769
If an employee is given a leave of absence, they and the governing board of the district may agree in writing on any work the employee has to do during the leave. They will also agree on the pay, which must be at least the difference between the employee's regular salary and the salary of a substitute. Alternatively, the district can choose to pay the employee up to their full salary during the leave.
Section § 87769.5
If a community college employee is on a leave of absence through Sections 87767 or 87768, they can choose, by writing, to give up their salary during this time.
Section § 87770
If you take a leave of absence from your job under Section 87767, you must promise in writing to work for your school district twice as long as your leave was when you return. If your leave was less than a year, you can get paid for that leave in your first year back. If the leave was a full year, the pay is split over two years. You have to provide a bond, like insurance, to cover the district if you don't fulfill your work promise—unless you can't because of death or disability. However, the school board can decide they trust your written promise without needing a bond, and still pay you as if the bond is in place.
Section § 87771
If a community college employee doesn't complete the agreed service period after a leave, their compensation for that leave will be reduced proportionally to the time not served. If they provided a security bond, its proceeds will be split between the employee and the college district based on the time actually worked compared to the agreed time.
Section § 87774
When an employee returns from a leave of absence, they have the right to be reinstated to the same position they held before their leave, unless they agree to a different arrangement.
Section § 87775
This law states that a community college district and its governing board are not responsible for paying compensation or damages if an academic employee dies or gets injured while they are on a leave of absence as specified in certain sections.
Section § 87776
If a contract employee in education takes a leave of absence, it won't interrupt the continuous service needed for them to gain tenure. However, any unpaid leave time won't count towards the total service time needed to become eligible for tenure.
Section § 87777
If a high school employee is hired by a community college under specific sections, they get to keep all their earned leave, like sick days or sabbaticals, from before. The community college must honor these leave days as if the employee never switched districts.
Section § 87779
If a community college or other workplace moves from one district to another, academic employees who move with it can keep all their earned leave benefits, such as sick leave and sabbatical time. The new district must honor these benefits as if nothing changed.
Section § 87780
If someone working in a community college is absent due to illness or accident for up to five months, their salary will only be reduced by what a temporary worker is paid to cover their position. If no substitute is hired, then it's reduced by an amount that would have been paid to one. Each community college must have a salary schedule for temporary workers. If the absence exceeds five months or is due to other reasons, the deduction will follow district rules. Schools can also set rules about sick leave that don't cut salary. This law applies regardless of whether the absence is approved by the board.
Section § 87780.1
This law allows employees in academic positions at community colleges to use their sick leave for parental leave, up to 12 workweeks per year. If the employee has used all their sick leave, they can still take parental leave with differential pay, meaning reduced pay based on whether a temporary employee takes their place. Regardless, they must be paid at least 50% of their regular salary during this time. However, the total parental leave, including any other related leave, can't exceed 12 weeks in a 12-month period.
Notably, employees don't need to meet the usual 1,250-hour work requirement before taking this leave, and the leave terms should not violate any existing union agreements that may offer better benefits. Parental leave here refers to time off for the birth, adoption, or fostering of a child.
Section § 87781
This law states that full-time academic employees at community colleges get 10 days of sick leave each year, plus any extras allowed by the college board, fully paid. Part-time employees get a proportionate amount based on their work schedule. Employees can take this leave anytime during the college year, and any unused days can carry over to following years.
The college board sets the rules on proof of illness or injury, ensuring no discrimination against treatments by different religions. The section does not change other health and safety regulations and specifies that the leave can also be used for pregnancy-related absences.
Section § 87781.5
This law allows the governing board of a community college district to create rules that let academic employees take some of their earned leave for urgent personal reasons. However, the total leave for personal importance and another type of leave indicated in Section 87784 cannot go over six days in a school year.
Section § 87782
If you're an academic employee at a community college in California and have worked there for at least a year, you can take your leave of absence for illness or injury with you if you move to another district. This means the total leave you're entitled to from the first district will be transferred to the second district.
The board of governors needs to create rules on how the first district should confirm the leave transfer to the second district. Importantly, no rules should make you give up this leave when you change districts.
Section § 87783
This law section states that if specific employees in education, such as those in community colleges or county superintendent offices, take new roles that also require certain teaching qualifications, their accumulated sick leave or leave due to injury will follow them to the new job. So, they won't lose these benefits when they change jobs within these settings.
The law applies to several categories of educational employees, including those moving between community colleges, county superintendent offices, the Chancellor's office, or the Commission on Teacher Credentialing. The transferred leave is calculated according to another specific section.
Section § 87784
This section allows community college employees to use their sick leave for personal emergencies. They don't need advance permission to take leave if a close family member is very sick or has died, or if there's an accident involving themselves or their family or property. However, they can't use more than six days of this leave per school year for these specific reasons. Local community college boards must set up rules on how to prove the need for personal emergency leave.
Section § 87784.5
This law allows academic employees to take up to 30 days of leave each school year under specific circumstances. A biological parent can use this leave within the first year after a child's birth, while a nonbiological parent can use it within the first year of adopting a child. However, if a collective bargaining agreement already in place before January 1, 2015, has conflicting terms, those terms take precedence until the agreement is renewed or expires.
Section § 87785
If someone working in a teaching role at a community college takes a permanent job at the California Community Colleges Chancellor's Office, they can bring their unused sick leave with them. However, the amount they bring can't be more than what they'd earn at the new job. All rules about transferring sick leave from Section 87782 still apply.
Section § 87786
This law allows community college districts to create their own rules about salary during short-term absences, specifically when an academic employee is sick or has an accident and is absent for up to five school months. During this time, districts can pay the employee at least 50% of their regular salary. If the absence is longer than five months or due to another reason, the district can set different rules for salary deductions, as long as these rules don't conflict with the state board's regulations. Districts are also free to make rules about sick leave without losing salary.
Section § 87787
This law requires community college districts to create rules for leave when academic employees are unable to work due to an industrial accident or illness. Employees are entitled to at least 60 days of leave per fiscal year under these circumstances, but these days don't carry over to the next year if unused. The law specifies that employees will receive their full salary during the leave period by combining their salary with disability benefits, and it starts on the first day they are unable to work due to the accident or illness. If the leave extends into a new fiscal year, the employee only retains the unused leave from the previous year. After this leave ends, employees can use other types of leave available to them, like sick leave, to continue receiving their full salary if they are still receiving temporary disability.
The law also allows districts to provide additional leave at their discretion, and the district can issue salary payments in coordination with disability checks. If no rules are adopted by the district, employees still get this leave without a limit on the number of days.
Section § 87788
If you work in an academic position at a community college in California and a close family member passes away, you can take up to three days off (or five if you need to travel out of state) without losing any pay or using other types of leave. The definition of "immediate family" includes close relatives like your parents, spouse, children, and any relative living with you. The college board can choose to offer more leave or include more relatives under this policy.
Section § 87789
This law allows community college district boards in California to grant leave to academic employees who have applied for a state disability allowance, up to 30 days after their eligibility determination by the State Teachers’ Retirement System. If eligible, their leave can be extended to match the disability period, but not beyond 39 months.
Additionally, the boards must classify temporary employees to cover for permanent academic workers on such disability leave. The employment duration for these temporary staff should equal the absence period of the permanent employee receiving the disability benefits.
If the temporary position extends further, the employee earns credit as if they were a probationary worker.
Section § 87790
This law allows community college districts to create a program for their academic employees, where any extra work done beyond a full-time schedule can be saved, or 'banked'. The employees can then use this banked time to take paid leave in a future quarter, semester, or academic year.