Section § 87762

Explanation

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."

In specifying or defining the rights of employees in Section 87746, “war” means “war” as defined in Section 22804.

Section § 87763

Explanation

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.

Governing boards of community college districts may grant leaves of absence to persons employed in academic positions.

Section § 87764

Explanation

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.

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.

Section § 87765

Explanation

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.

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.

Section § 87766

Explanation

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.

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.

Section § 87767

Explanation

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.

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.

Section § 87768

Explanation

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.

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.

Section § 87768.5

Explanation

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.

(a)Copy CA Education Code § 87768.5(a)
(1)Copy CA Education Code § 87768.5(a)(1) 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.
(2)CA Education Code § 87768.5(a)(2) 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. The required employer contribution rate shall be the rate adopted by the Teachers’ Retirement Board as a plan amendment with respect to the Defined Benefit Program as provided in Section 22711. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by Section 22711. 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.
(3)CA Education Code § 87768.5(a)(3) 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.
(4)CA Education Code § 87768.5(a)(4) 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. The leave provided under this section shall be in addition to any leave to which public employees may be entitled by other laws or by a memorandum of understanding or collective bargaining agreement.
(b)Copy CA Education Code § 87768.5(b)
(1)Copy CA Education Code § 87768.5(b)(1) An employee who after August 31, 1978, was absent on account of elected-officer service, shall receive full service credit in the State Teachers’ Retirement Plan, provided that both of the following conditions are met:
(A)CA Education Code § 87768.5(b)(1)(A) The employee makes a written request to the employer for a leave of absence for the period of the elected-officer service.
(B)CA Education Code § 87768.5(b)(1)(B) The employee organization of which the member is an elected officer pays to the member’s employer an amount equal to the required State Teachers’ Retirement Plan member and employer retirement contributions, including regular interest on the balance of contributions due to the State Teachers’ Retirement System, calculated from the date the contributions would have been due when the elected-officer service was performed to the date payment is received by the State Teachers’ Retirement System, compounded daily based on the regular interest rate in effect the day the payment is received by the State Teachers’ Retirement System, as prescribed by this section.
(2)CA Education Code § 87768.5(b)(2) The community college district, following this written request and payment, shall transmit the amount received to the State Teachers’ Retirement System, informing it of the period of the employee’s leave of absence. The State Teachers’ Retirement System shall credit the employee with all service credit earned for the period of the elected-officer leave of absence.
(3)CA Education Code § 87768.5(b)(3) If the employee has been compensated by the school district for the period of the service, then, as a condition to the employee’s entitlement to service credit for this period, the school district shall be reimbursed by the employee organization for the amount of the compensation.
(c)CA Education Code § 87768.5(c) Notwithstanding any other provisions of law, this section shall apply retroactively to all service as an elected officer in a public employee organization occurring after August 31, 1978.

Section § 87769

Explanation

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.

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.

Section § 87769.5

Explanation

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.

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.

Section § 87770

Explanation

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.

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.

Section § 87771

Explanation

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.

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.

Section § 87774

Explanation

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.

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.

Section § 87775

Explanation

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.

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.

Section § 87776

Explanation

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.

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.

Section § 87777

Explanation

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.

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.

Section § 87779

Explanation

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.

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.

Section § 87780

Explanation

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.

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.

Section § 87780.1

Explanation

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.

(a)Copy CA Education Code § 87780.1(a)
(1)Copy CA Education Code § 87780.1(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)CA Education Code § 87780.1(a)(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)CA Education Code § 87780.1(a)(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)CA Education Code § 87780.1(a)(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)CA Education Code § 87780.1(b) For purposes of subdivision (a), all of the following apply:
(1)CA Education Code § 87780.1(b)(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)CA Education Code § 87780.1(b)(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.
(3)CA Education Code § 87780.1(b)(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)CA Education Code § 87780.1(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)CA Education Code § 87780.1(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)CA Education Code § 87780.1(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)CA Education Code § 87780.1(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.

Section § 87781

Explanation

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.

(a)Copy CA Education Code § 87781(a)
(1)Copy CA Education Code § 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)CA Education Code § 87781(a)(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)CA Education Code § 87781(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)CA Education Code § 87781(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)CA Education Code § 87781(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)CA Education Code § 87781(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.

Section § 87781.5

Explanation

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.

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.

Section § 87782

Explanation

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.

(a)CA Education Code § 87782(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)CA Education Code § 87782(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.

Section § 87783

Explanation

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.

(a)CA Education Code § 87783(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)CA Education Code § 87783(a)(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)CA Education Code § 87783(a)(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)CA Education Code § 87783(a)(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)CA Education Code § 87783(a)(4) Any certificated employee of the Commission on Teacher Credentialing who accepts an academic position in any community college district.
(b)CA Education Code § 87783(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.

Section § 87784

Explanation

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.

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)CA Education Code § 87784(a) Death or serious illness of a member of his immediate family.
(b)CA Education Code § 87784(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.

Section § 87784.5

Explanation

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.

(a)CA Education Code § 87784.5(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)CA Education Code § 87784.5(a)(1) A biological parent may use leave pursuant to this section within the first year of his or her infant’s birth.
(2)CA Education Code § 87784.5(a)(2) A nonbiological parent may use leave pursuant to this section within the first year of legally adopting a child.
(b)CA Education Code § 87784.5(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.

Section § 87785

Explanation

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.

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.

Section § 87786

Explanation

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 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.

Section § 87787

Explanation

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.

(a)CA Education Code § 87787(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)CA Education Code § 87787(b) The rules or regulations shall include all of the following provisions:
(1)CA Education Code § 87787(b)(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)CA Education Code § 87787(b)(2) Allowable leave shall not be accumulated from year to year.
(3)CA Education Code § 87787(b)(3) Industrial accident or illness leave shall commence on the first day of absence.
(4)Copy CA Education Code § 87787(b)(4)
(A)Copy CA Education Code § 87787(b)(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)CA Education Code § 87787(b)(4)(A)(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)CA Education Code § 87787(b)(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)CA Education Code § 87787(b)(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)CA Education Code § 87787(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)CA Education Code § 87787(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)CA Education Code § 87787(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)CA Education Code § 87787(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.

Section § 87788

Explanation

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.

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.

Section § 87789

Explanation

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.

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.

Section § 87790

Explanation

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.

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.