88190. Governing boards of community college districts may grant
leaves of absence and vacations, with or without pay, to persons
employed in the classified service of the district.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) of this chapter.
88191. Every classified employee employed five days a week by a
community college district shall be entitled to 12 days leave of
absence for illness or injury and such additional days, in addition
thereto, as the governing board may allow for illness or injury,
exclusive of all days the employee is not required to render service
to the district, with full pay for a fiscal year of service.
A classified employee, employed five days a week, who is employed
for less than a full fiscal year, is entitled to that proportion of
12 days leave of absence for illness or injury as the number of
months the employee is employed bears to 12 and the proportionate
amount, consistent with this formula, of such additional days, in
addition thereto, authorized by the governing board for classified
employees employed five days a week for a full fiscal year of
service.
A classified employee employed less than five days per week shall
be entitled, for a fiscal year of service, to that proportion of 12
days leave of absence for illness or injury as the number of days the
employee is employed per week bears to five and is entitled to the
proportionate amount, consistent with this formula, of such
additional days, in addition thereto, authorized by the governing
board for classified employees employed five days a week for a full
fiscal year of service.
When these persons are employed for less than a full fiscal year
of service, this and the preceding paragraph shall determine that
proportion of leave of absence for illness or injury to which they
are entitled.
Pay for any day of such absence shall be the same as the pay which
would have been received had the employee served during the day.
Credit for leave of absence need not be accrued prior to taking that
leave by the employee and such leave of absence may be taken at any
time during the year. However, a new employee of a district shall not
be eligible to take more than six days, or the proportionate amount
to which the employee may be entitled under this section, until the
first day of the calendar month after completion of six months of
active service with the district.
If the employee does not take the full amount of leave allowed in
any year under this section, the amount not taken shall be
accumulated from year to year with such additional days as the
governing board may allow.
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 purpose 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 religious sect, denomination or organization.
This section shall not apply to a district in which the full-time
equivalent student of the district is in excess of 400,000, if the
district maintains sick leave policies not less than those in effect
in such districts on January 1, 1961.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88192. Governing boards of community college districts shall
provide, by rules and regulations, for industrial accident or illness
leaves of absence for employees who are a part of the classified
service. The governing board of any district that is created or whose
boundaries or status is changed by an action to organize or
reorganize districts completed after January 1, 1975, shall provide,
by rules and regulations, for such leaves of absence on or before the
date on which the organization or reorganization of the district
becomes effective for all purposes.
The rules and regulations shall include all of the following
provisions:
(a) Allowable leave shall not be for less than 60 working days in
any one fiscal year for the same accident.
(b) Allowable leave shall not be accumulative from year to year.
(c) Industrial accident or illness leave of absence will commence
on the first day of absence.
(d) Payment for wages lost on any day shall not, when added to an
award granted the employee under the workers' compensation laws of
this state, exceed the normal wage for the day.
(e) Industrial accident leave will be reduced by one day for each
day of authorized absence regardless of a compensation award made
under workers' compensation.
(f) When an industrial accident or illness occurs at a time when
the full 60 days will overlap into the next fiscal year, the employee
shall be entitled to only that amount remaining at the end of the
fiscal year in which the injury or illness occurred, for the same
illness or injury.
The industrial accident or illness leave of absence is to be used
in lieu of entitlement acquired under Section 88191. When entitlement
to industrial accident or illness leave has been exhausted,
entitlement to other sick leave will then be used; but if an employee
is receiving workers' compensation, the person shall be entitled to
use only so much of the person's accumulated or available sick leave,
accumulated compensating time, vacation or other available leave
which, when added to the workers' compensation award, provide for a
full day's wage or salary.
The governing board, by rule or regulation, may provide for
additional leave of absence, paid or unpaid, as it deems appropriate
and during that leave the employee may return to the person's
position without suffering any loss of status or benefits.
Periods of leave of absence, paid or unpaid, shall not be
considered to be a break in service of the employee.
During all paid leaves of absence, whether industrial accident
leave as provided in this section, sick leave, vacation, compensated
time off or other available leave provided by law or the action of a
governing board, the employee shall endorse to the district wage loss
benefit checks received under the workers' compensation laws of this
state. The district, in turn, shall issue the employee appropriate
warrants for payment of wages or salary and shall deduct normal
retirement and other authorized contributions. Reduction of
entitlement to leave shall be made only in accordance with this
section.
When all available leaves of absence, paid or unpaid, have been
exhausted and if the employee is not medically able to assume the
duties of the person's position, the person, if not placed in another
position, shall be placed on a reemployment list for a period of 39
months. When available, during the 39-month period, the person shall
be employed in a vacant position in the class of the person's
previous assignment over all other available candidates except for a
reemployment list established because of lack of work or lack of
funds, in which case the person shall be listed in accordance with
appropriate seniority regulations.
The governing board may require that an employee serve, or have
served continuously, a specified period of time with the district
before the benefits provided by this section are made available to
the person. However, that period shall not exceed three years. All
service of an employee prior to the effective date of this section
shall be credited in determining compliance with the requirement.
Any employee receiving benefits as a result of this section shall,
during periods of injury or illness, 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 and accident or illness leave as provided in this section
but without limitation as to the number of days of that leave and
without any requirement of a specified period of service.
An employee who has been placed on a reemployment list, as
provided herein, who has been medically released for return to duty
and who fails to accept an appropriate assignment shall be dismissed.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88193. The governing board of any community college district may
provide for such leave of absence from duty as it deems appropriate
for any female employee in the classified service of the district who
is required to absent herself from her duties because of pregnancy
or convalescence following childbirth, and may adopt rules and
regulations prescribing the manner of proof of pregnancy, the time
during pregnancy at which the leave of absence shall be taken, and
the length of time for which the leave of absence shall continue
after birth of the child. The board may also provide in the rules and
regulations whether leave granted under this section shall be with
or without pay and, if with pay, the amount, if any, to be deducted
from the salary due the employee for the period in which the absence
occurs. However, nothing in this section shall be construed so as to
deprive any employee of sick leave rights under other sections of
this code for absences due to illness or injury resulting from
pregnancy.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) of this chapter.
88194. Every person employed in the classified service of any
community college district shall be granted necessary 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 nor shall such 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.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88195. A permanent employee of the classified service who has
exhausted all entitlement to sick leave, vacation, compensatory
overtime, or other available paid leave and who is absent because of
nonindustrial accident or illness may be granted additional leave,
paid or unpaid, not to exceed six months. The board may renew the
leave of absence, paid or unpaid, for two additional six-month
periods or lesser leave periods that it may provide but not to exceed
a total of 18 months.
An employee, upon ability to resume the duties of a position
within the class to which he or she was assigned, may do so at any
time during the leaves of absence granted under this section and time
lost shall not be considered a break in service. The employee shall
be restored to a position within the class to which he or she was
assigned and, if at all possible, to his or her position with all the
rights, benefits and burdens of a permanent employee.
If, at the conclusion of all leaves of absence, paid or unpaid,
the employee is still unable to assume the duties of his or her
position, the employee shall be placed on a reemployment list for a
period of 39 months.
At any time during the prescribed 39 months that the employee is
able to assume the duties of his or her position, the employee shall
be reemployed in the first vacancy in the classification of his or
her previous assignment. The employee's reemployment shall take
preference over all other applicants except for those laid off for
lack of work or funds under Section 88117 in which case the employee
shall be ranked according to his or her proper seniority. Upon
resumption of the employee's duties, the break in service will be
disregarded and the employee shall be fully restored as a permanent
employee.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88196. When a person employed in the classified service is absent
from his or her duties on account of illness or accident for a period
of five months or less, whether or not the absence arises out of or
in the course of 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 which is actually paid a substitute
employee employed to fill the employee's position during his or her
absence.
Except in a district where the governing board has adopted a
salary schedule for substitute employees of the district, the amount
paid the substitute employee during any month shall be less than the
salary due the employee absent from the employee's duties.
Entitlement to sick leave provisions under this section, if any,
shall be considered "entitlement to other sick leave" for the
purposes of computing benefits under Section 88192 if the absence is
for industrial accident or illness and shall be used after
entitlement to all regular sick leave, accumulated compensating time,
vacation or other available paid leave has been exhausted.
This section shall not apply to any community college district
that adopts and maintains, in effect, a rule which provides that a
regular classified employee shall be credited once a year with a
total of not less than 100 working days of paid sick leave, including
days to which he or she is entitled under Section 88191. These days
of paid sick leave, in addition to those required by Section 88191,
shall be compensated at not less than 50 percent of the employee's
regular salary. The paid sick leave authorized under such a rule
shall be exclusive of any other paid leave, holidays, vacation, or
compensating time to which the employee may be entitled. Nothing in
this section shall preclude the governing board from adopting such a
rule.
88196.5. A community college district may deduct from the salary
otherwise payable to an employee under Section 88196 an amount which
is payable, in lieu of salary and on account of the absence for
illness or accident, to the employee as the beneficiary under a
policy of insurance purchased by the district.
This section shall not be applicable unless specifically included
in a collective bargaining agreement between the exclusive
representative and the school employer.
88197. (a) Every community college district shall grant to regular
classified employees an annual vacation at the regular rate of pay
earned at the time the vacation is commenced. The vacation shall be
as determined by the community college district, but shall be not
less than five-sixths of a day for each month in which the employee
is in a paid status for more than one-half the working days in the
month, if the employee is regularly employed five days per week,
seven to eight hours a day. An employee in a paid status for less
than one-half the working days in a month shall have his or her
vacation credit accrued on the basis provided for in subdivision (b)
or (c).
(b) In lieu of accrual of vacation credit on a monthly basis and
proration as prescribed in subdivision (a), a district may provide
for accrual of vacation credit on any of the following bases:
(1) For all employees or classes of employees who work a full
workweek of 40 hours, the district shall provide 0.03846 hour of
vacation credit for each hour of paid service, not including
overtime.
(2) For all employees or classes of employees who work a full
workweek of 37.5 hours, the district shall provide 0.04087 hour of
vacation credit for each hour of paid service, not including
overtime.
(3) For all employees or classes of employees who work a full
workweek of 35 hours, the district shall provide 0.04379 hour of
vacation credit for each hour of paid service, not including
overtime.
(c) For all employees regularly employed for fewer than 35 hours a
week, regardless of the number of hours or days worked per week, the
vacation credit shall be computed at the rate of 0.03846 for each
hour the employee is in paid status, not including overtime.
(d) Vacation, with the approval of the employer, may be taken at
any time during the college year. If the employee is not permitted to
take his or her full annual vacation, the amount not taken shall
accumulate for use in the next year or be paid for in cash at the
option of the governing board.
(e) Earned vacation shall not become a vested right until
completion of the initial six months of employment.
(f) The employee may be granted vacation during the college year
even though not earned at the time the vacation is taken.
(g) If an employee is terminated and had been granted vacation
which was not yet earned at the time of termination of his or her
services, the employer shall deduct from the employee's severance
check the full amount of salary which was paid for such unearned days
of vacation taken.
(h) Upon separation from service, the employee shall be entitled
to lump-sum compensation for all earned and unused vacation, except
that employees who have not completed six months of employment in
regular status shall not be entitled to such compensation.
(i) This section shall not apply to substitute, short-term, or
limited-term employees, as defined in Sections 88003 and 88105,
unless those employees are specifically included by the district.
(j) The district may expand the benefits provided for in this
section.
(k) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 3 (commencing with Section 88060).
88198. 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 classified positions, that express authorization
or requirement shall 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.
88199. Governing boards of community college districts may grant
leaves of absence to persons employed in nonacademic positions, and
at their discretion may pay compensation at the rate the board
prescribes, during the absence, to any employee whose absence is
caused by accident or illness, whether or not the absence arises out
of or 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.
88200. Governing boards of community college districts may allow
permanent classified employees to interrupt or terminate vacation
leave in order to begin another type of paid leave without a return
to active service, provided the employee supplies adequate notice and
relevant supporting information regarding the basis for such
interruption or termination.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) of this chapter.
88201. The governing boards of any community college district may
accept the resignation of any employee and may fix the time when the
resignation shall take effect, which shall not be later than the
close of the school year during which the resignation is received by
the board.
88202. Any classified employee of a community college district,
school district, or county superintendent of schools who has been
employed for a period of one calendar year or more whose employment
is terminated for reasons other than action initiated by the employer
for cause and who subsequently accepts employment with a community
college district or county superintendent of schools within one year
of the termination of his or her former employment, shall have
transferred with him or her to the employing community college
district or county superintendent of schools the total amount of
earned leave of absence for illness or injury to which he or she is
entitled under Section 45191 or 88191. This transfer shall be in the
same manner as is provided for academic employees.
In any case where an employee was terminated as a result of action
initiated by the employer for cause, the transfer may be made if
agreed to by the governing board of the community college district or
the county superintendent of schools newly employing the employee.
All or any part of the previous service, not separated by a break
in service greater than one year as of the last day of paid service,
may, if agreed to by the employing entity, be construed to have been
served in the employing community college district or county
superintendent of schools of employment for seniority purposes,
except that the previous service may not be counted, for seniority
purposes, when position or personnel reduction is ordered, for any
reason, by the board.
No governing board of a community college district shall adopt any
policy or rule, written or unwritten, that requires all classified
employees, or any individual classification, or group of
classifications of employees transferring to its district to waive
any part or all benefits which they may be entitled to have
transferred in accordance with this section.
This section shall apply to community college districts that have
adopted the merit system in the same manner and effect as if it were
a part of Article 3 (commencing with Section 88060) of this chapter.
88203. All probationary or permanent employees who are part of the
classified service shall be entitled to the following paid holidays
if they are in a paid status during any portion of the working day
immediately preceding or succeeding the holiday: January 1, February
12 known as "Lincoln Day," the third Monday in February known as
"Washington Day," the last Monday in May known as "Memorial Day,"
July 4, the first Monday in September known as "Labor Day," November
11 known as "Veterans Day," that Thursday in November proclaimed by
the President as "Thanksgiving Day," December 25, every day appointed
by the President, or the Governor of this state, as provided for in
subdivisions (c) and (d) of Section 79020 for a public fast,
thanksgiving or holiday, or any day declared a holiday under Section
1318 for classified or academic employees. College recesses during
the Christmas and Easter periods shall not be considered holidays for
classified employees who are normally required to work during that
period; provided, however, that this shall not be construed as
affecting vacation rights specified in this section.
Regular employees of the district who are not normally assigned to
duty during the college holidays of December 25 and January 1 shall
be paid for those two holidays if they were in a paid status during
any portion of the working day of their normal assignment immediately
preceding or succeeding the holiday period.
When a holiday herein listed falls on a Sunday, the following
Monday shall be deemed to be the holiday in lieu of the day observed.
When a holiday herein listed falls on a Saturday, the preceding
Friday shall be deemed to be the holiday in lieu of the day observed.
When a classified employee is required to work on any of said
holidays, he or she shall be paid compensation, or given compensating
time off, for such work, in addition to the regular pay received for
the holiday, at the rate of time and one-half his or her regular
rate of pay.
Article 3 (commencing with Section 79020) of Chapter 8 of Part 48
of this division shall not be construed to in any way limit this
section, nor shall anything in this section be construed to prohibit
the governing board from adopting separate work schedules for the
academic and the classified services, or from providing holiday pay
for employees who have not been in paid status on the days specified
herein. Notwithstanding the adoption of separate work schedules for
the academic and the classified services, on any schoolday during
which students would otherwise have been in attendance, but are not
and for which faculty receive regular pay, classified personnel shall
also receive regular pay whether or not they are required to report
for duty that day.
In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March 31
known as "Cesar Chavez Day" and a paid holiday on the fourth Friday
in September known as "Native American Day," if they are in a paid
status during any portion of the working day immediately preceding or
succeeding the holiday, if the governing board, pursuant to a
memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to the paid holiday.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88204. Notwithstanding the provisions of Section 88203, if a
community college district establishes a position or class of
positions for which employees are required to work exclusively on
weekends and holidays, and for which a special salary rate is
established that recognizes the exclusive weekend and holiday
peculiarity, the employees and positions may be exempted, by the
personnel commission, where applicable, or the governing board from
the benefits of Section 88203. No governing board may create a
position or a class of positions, under this section, to avoid
payment of overtime.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) of this chapter.
88205. Prior to July 1 of any college year, the governing board of
any community college district may designate other days during that
year as the holidays to which classified employees are entitled in
lieu of the holidays on February 12 known as "Lincoln Day," the third
Monday in February known as "Washington Day," the last Monday in May
known as "Memorial Day," or November 11 known as "Veterans Day" as
specified in Section 88203, if the designated days provide for at
least a three-day weekend. Classified employees shall be required to
work on the regular holiday for which another day is designated
pursuant to this section, and for work of eight hours or less, shall
be paid compensation at their regular rate of pay.
If any classified employee would be entitled to the regular paid
holiday but would not be in a paid status during any portion of the
working day immediately preceding or succeeding the day so designated
in lieu of that holiday and therefore would not be entitled to a day
in lieu of the holiday, he or she shall be entitled to the regular
holiday; however, if the employee is required to work on that
holiday, he or she shall be paid compensation at the rate of time and
one-half of his or her regular rate of pay in addition to the
regular pay received for the holiday.
This section shall not be construed to authorize the maintenance
of colleges on holidays other than as provided in Article 3
(commencing with Section 79020) of Chapter 8 of Part 48.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88205.5. Notwithstanding any other provision of law, if the
governing board of a community college district does not designate
September 9 known as "Admission Day" as a paid holiday for classified
employees, the district shall provide a substitute holiday for those
employees. The substitute holiday shall be provided as specified in
Section 88205.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88206. Any community college district that requires any classified
employee to work a workweek other than Monday through Friday, or if
the classified employee consents to a workweek including Saturday or
Sunday, or both, and as a result thereof the employee loses a holiday
to which he or she would otherwise be entitled, shall provide a
substitute holiday for the employee, or provide compensation in the
amount to which the employee would have been entitled had the holiday
fallen within his or her normal work schedule.
88207. (a) A contract or regular employee may, at the employee's
election, use any days of absence for illness or injury earned
pursuant to Section 88191 in cases of personal necessity, including
any of the following:
(1) Death of a member of the employee's immediate family when
additional leave is required beyond that provided both in Section
88194 and as a right by the governing board.
(2) Accident involving the person or property of the employee or
of a member of his or her immediate family.
(3) Appearance in any court or before any administrative tribunal
as a litigant, party, or witness under subpoena or any order made
with jurisdiction.
(4) Any other reasons that the governing board may prescribe.
(b) The governing board of each community college district shall
adopt rules and regulations requiring and prescribing the manner of
proof of personal necessity for the purpose of this section. The
adopted rules and regulations may not require an employee to secure
advance permission for leave taken for the purposes specified in
paragraphs (1) and (2) of subdivision (a). Earned leave in excess of
seven days may not be used in any college year for the purposes
enumerated in this section except if either of the following
conditions exist:
(1) A maximum number of days in excess of seven is specified for
that purpose in an agreement between the exclusive representative of
the employees and the community college district.
(2) If there is no exclusive representative of the employees, the
governing board of the community college district, by resolution,
adopts a policy allowing earned leave in excess of seven days to be
used in any school year for the purposes enumerated in this section.
(c) Authorized necessity leave shall be deducted from sick leave
earned under the exemption of Section 88191.
(d) For purposes of this section, "immediate family" has the same
meaning as in Section 88194.
(e) This section applies to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) and to community college districts
that may be exempted from Section 88191.
88209. The Director of Employment Development is the administrator
of the system of unemployment insurance, as provided in Article 6
(commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of
the Unemployment Insurance Code.
88210. (a) The governing board of a community college district
shall grant to any classified 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 employer. The employee shall earn full service
credit during the leave of absence and shall pay member contributions
as prescribed by subdivision (a) of Section 20677 of the Government
Code. The maximum amount of the service credit earned shall not
exceed 12 years.
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.
(b) A classified employee who after August 31, 1987, was absent on
account of elected-officer service, shall receive full service
credit in the Public Employees' Retirement System; provided that, not
later than April 30, 1988: (1) the employee makes a written request
to the employer for a leave of absence for the period of the
elected-officer service, and (2) the employee organization of which
the employee is an elected officer pays to the employee's community
college district an amount equal to the required Public Employees'
Retirement System member and employer retirement contributions, as
prescribed by this section.
The community college district, following the written request and
payment, shall transmit the amount received to the Public Employees'
Retirement System, informing it of the period of the employee's leave
of absence. The Public Employees' Retirement System shall credit the
employee with all service credit earned for the period of the
elected-officer leave of absence.
If the employee has been compensated by the community college
district for the period of the service, then, as a condition to the
employee's entitlement to service credit for the period, the
community college district shall be reimbursed by the employee
organization for the amount of the compensation.
The provisions of this subdivision shall apply retroactively to
all service as an elected officer in a public employee organization
occurring after August 31, 1987.
88190. Governing boards of community college districts may grant
leaves of absence and vacations, with or without pay, to persons
employed in the classified service of the district.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) of this chapter.
88191. Every classified employee employed five days a week by a
community college district shall be entitled to 12 days leave of
absence for illness or injury and such additional days, in addition
thereto, as the governing board may allow for illness or injury,
exclusive of all days the employee is not required to render service
to the district, with full pay for a fiscal year of service.
A classified employee, employed five days a week, who is employed
for less than a full fiscal year, is entitled to that proportion of
12 days leave of absence for illness or injury as the number of
months the employee is employed bears to 12 and the proportionate
amount, consistent with this formula, of such additional days, in
addition thereto, authorized by the governing board for classified
employees employed five days a week for a full fiscal year of
service.
A classified employee employed less than five days per week shall
be entitled, for a fiscal year of service, to that proportion of 12
days leave of absence for illness or injury as the number of days the
employee is employed per week bears to five and is entitled to the
proportionate amount, consistent with this formula, of such
additional days, in addition thereto, authorized by the governing
board for classified employees employed five days a week for a full
fiscal year of service.
When these persons are employed for less than a full fiscal year
of service, this and the preceding paragraph shall determine that
proportion of leave of absence for illness or injury to which they
are entitled.
Pay for any day of such absence shall be the same as the pay which
would have been received had the employee served during the day.
Credit for leave of absence need not be accrued prior to taking that
leave by the employee and such leave of absence may be taken at any
time during the year. However, a new employee of a district shall not
be eligible to take more than six days, or the proportionate amount
to which the employee may be entitled under this section, until the
first day of the calendar month after completion of six months of
active service with the district.
If the employee does not take the full amount of leave allowed in
any year under this section, the amount not taken shall be
accumulated from year to year with such additional days as the
governing board may allow.
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 purpose 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 religious sect, denomination or organization.
This section shall not apply to a district in which the full-time
equivalent student of the district is in excess of 400,000, if the
district maintains sick leave policies not less than those in effect
in such districts on January 1, 1961.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88192. Governing boards of community college districts shall
provide, by rules and regulations, for industrial accident or illness
leaves of absence for employees who are a part of the classified
service. The governing board of any district that is created or whose
boundaries or status is changed by an action to organize or
reorganize districts completed after January 1, 1975, shall provide,
by rules and regulations, for such leaves of absence on or before the
date on which the organization or reorganization of the district
becomes effective for all purposes.
The rules and regulations shall include all of the following
provisions:
(a) Allowable leave shall not be for less than 60 working days in
any one fiscal year for the same accident.
(b) Allowable leave shall not be accumulative from year to year.
(c) Industrial accident or illness leave of absence will commence
on the first day of absence.
(d) Payment for wages lost on any day shall not, when added to an
award granted the employee under the workers' compensation laws of
this state, exceed the normal wage for the day.
(e) Industrial accident leave will be reduced by one day for each
day of authorized absence regardless of a compensation award made
under workers' compensation.
(f) When an industrial accident or illness occurs at a time when
the full 60 days will overlap into the next fiscal year, the employee
shall be entitled to only that amount remaining at the end of the
fiscal year in which the injury or illness occurred, for the same
illness or injury.
The industrial accident or illness leave of absence is to be used
in lieu of entitlement acquired under Section 88191. When entitlement
to industrial accident or illness leave has been exhausted,
entitlement to other sick leave will then be used; but if an employee
is receiving workers' compensation, the person shall be entitled to
use only so much of the person's accumulated or available sick leave,
accumulated compensating time, vacation or other available leave
which, when added to the workers' compensation award, provide for a
full day's wage or salary.
The governing board, by rule or regulation, may provide for
additional leave of absence, paid or unpaid, as it deems appropriate
and during that leave the employee may return to the person's
position without suffering any loss of status or benefits.
Periods of leave of absence, paid or unpaid, shall not be
considered to be a break in service of the employee.
During all paid leaves of absence, whether industrial accident
leave as provided in this section, sick leave, vacation, compensated
time off or other available leave provided by law or the action of a
governing board, the employee shall endorse to the district wage loss
benefit checks received under the workers' compensation laws of this
state. The district, in turn, shall issue the employee appropriate
warrants for payment of wages or salary and shall deduct normal
retirement and other authorized contributions. Reduction of
entitlement to leave shall be made only in accordance with this
section.
When all available leaves of absence, paid or unpaid, have been
exhausted and if the employee is not medically able to assume the
duties of the person's position, the person, if not placed in another
position, shall be placed on a reemployment list for a period of 39
months. When available, during the 39-month period, the person shall
be employed in a vacant position in the class of the person's
previous assignment over all other available candidates except for a
reemployment list established because of lack of work or lack of
funds, in which case the person shall be listed in accordance with
appropriate seniority regulations.
The governing board may require that an employee serve, or have
served continuously, a specified period of time with the district
before the benefits provided by this section are made available to
the person. However, that period shall not exceed three years. All
service of an employee prior to the effective date of this section
shall be credited in determining compliance with the requirement.
Any employee receiving benefits as a result of this section shall,
during periods of injury or illness, 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 and accident or illness leave as provided in this section
but without limitation as to the number of days of that leave and
without any requirement of a specified period of service.
An employee who has been placed on a reemployment list, as
provided herein, who has been medically released for return to duty
and who fails to accept an appropriate assignment shall be dismissed.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88193. The governing board of any community college district may
provide for such leave of absence from duty as it deems appropriate
for any female employee in the classified service of the district who
is required to absent herself from her duties because of pregnancy
or convalescence following childbirth, and may adopt rules and
regulations prescribing the manner of proof of pregnancy, the time
during pregnancy at which the leave of absence shall be taken, and
the length of time for which the leave of absence shall continue
after birth of the child. The board may also provide in the rules and
regulations whether leave granted under this section shall be with
or without pay and, if with pay, the amount, if any, to be deducted
from the salary due the employee for the period in which the absence
occurs. However, nothing in this section shall be construed so as to
deprive any employee of sick leave rights under other sections of
this code for absences due to illness or injury resulting from
pregnancy.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) of this chapter.
88194. Every person employed in the classified service of any
community college district shall be granted necessary 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 nor shall such 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.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88195. A permanent employee of the classified service who has
exhausted all entitlement to sick leave, vacation, compensatory
overtime, or other available paid leave and who is absent because of
nonindustrial accident or illness may be granted additional leave,
paid or unpaid, not to exceed six months. The board may renew the
leave of absence, paid or unpaid, for two additional six-month
periods or lesser leave periods that it may provide but not to exceed
a total of 18 months.
An employee, upon ability to resume the duties of a position
within the class to which he or she was assigned, may do so at any
time during the leaves of absence granted under this section and time
lost shall not be considered a break in service. The employee shall
be restored to a position within the class to which he or she was
assigned and, if at all possible, to his or her position with all the
rights, benefits and burdens of a permanent employee.
If, at the conclusion of all leaves of absence, paid or unpaid,
the employee is still unable to assume the duties of his or her
position, the employee shall be placed on a reemployment list for a
period of 39 months.
At any time during the prescribed 39 months that the employee is
able to assume the duties of his or her position, the employee shall
be reemployed in the first vacancy in the classification of his or
her previous assignment. The employee's reemployment shall take
preference over all other applicants except for those laid off for
lack of work or funds under Section 88117 in which case the employee
shall be ranked according to his or her proper seniority. Upon
resumption of the employee's duties, the break in service will be
disregarded and the employee shall be fully restored as a permanent
employee.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88196. When a person employed in the classified service is absent
from his or her duties on account of illness or accident for a period
of five months or less, whether or not the absence arises out of or
in the course of 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 which is actually paid a substitute
employee employed to fill the employee's position during his or her
absence.
Except in a district where the governing board has adopted a
salary schedule for substitute employees of the district, the amount
paid the substitute employee during any month shall be less than the
salary due the employee absent from the employee's duties.
Entitlement to sick leave provisions under this section, if any,
shall be considered "entitlement to other sick leave" for the
purposes of computing benefits under Section 88192 if the absence is
for industrial accident or illness and shall be used after
entitlement to all regular sick leave, accumulated compensating time,
vacation or other available paid leave has been exhausted.
This section shall not apply to any community college district
that adopts and maintains, in effect, a rule which provides that a
regular classified employee shall be credited once a year with a
total of not less than 100 working days of paid sick leave, including
days to which he or she is entitled under Section 88191. These days
of paid sick leave, in addition to those required by Section 88191,
shall be compensated at not less than 50 percent of the employee's
regular salary. The paid sick leave authorized under such a rule
shall be exclusive of any other paid leave, holidays, vacation, or
compensating time to which the employee may be entitled. Nothing in
this section shall preclude the governing board from adopting such a
rule.
88196.5. A community college district may deduct from the salary
otherwise payable to an employee under Section 88196 an amount which
is payable, in lieu of salary and on account of the absence for
illness or accident, to the employee as the beneficiary under a
policy of insurance purchased by the district.
This section shall not be applicable unless specifically included
in a collective bargaining agreement between the exclusive
representative and the school employer.
88197. (a) Every community college district shall grant to regular
classified employees an annual vacation at the regular rate of pay
earned at the time the vacation is commenced. The vacation shall be
as determined by the community college district, but shall be not
less than five-sixths of a day for each month in which the employee
is in a paid status for more than one-half the working days in the
month, if the employee is regularly employed five days per week,
seven to eight hours a day. An employee in a paid status for less
than one-half the working days in a month shall have his or her
vacation credit accrued on the basis provided for in subdivision (b)
or (c).
(b) In lieu of accrual of vacation credit on a monthly basis and
proration as prescribed in subdivision (a), a district may provide
for accrual of vacation credit on any of the following bases:
(1) For all employees or classes of employees who work a full
workweek of 40 hours, the district shall provide 0.03846 hour of
vacation credit for each hour of paid service, not including
overtime.
(2) For all employees or classes of employees who work a full
workweek of 37.5 hours, the district shall provide 0.04087 hour of
vacation credit for each hour of paid service, not including
overtime.
(3) For all employees or classes of employees who work a full
workweek of 35 hours, the district shall provide 0.04379 hour of
vacation credit for each hour of paid service, not including
overtime.
(c) For all employees regularly employed for fewer than 35 hours a
week, regardless of the number of hours or days worked per week, the
vacation credit shall be computed at the rate of 0.03846 for each
hour the employee is in paid status, not including overtime.
(d) Vacation, with the approval of the employer, may be taken at
any time during the college year. If the employee is not permitted to
take his or her full annual vacation, the amount not taken shall
accumulate for use in the next year or be paid for in cash at the
option of the governing board.
(e) Earned vacation shall not become a vested right until
completion of the initial six months of employment.
(f) The employee may be granted vacation during the college year
even though not earned at the time the vacation is taken.
(g) If an employee is terminated and had been granted vacation
which was not yet earned at the time of termination of his or her
services, the employer shall deduct from the employee's severance
check the full amount of salary which was paid for such unearned days
of vacation taken.
(h) Upon separation from service, the employee shall be entitled
to lump-sum compensation for all earned and unused vacation, except
that employees who have not completed six months of employment in
regular status shall not be entitled to such compensation.
(i) This section shall not apply to substitute, short-term, or
limited-term employees, as defined in Sections 88003 and 88105,
unless those employees are specifically included by the district.
(j) The district may expand the benefits provided for in this
section.
(k) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 3 (commencing with Section 88060).
88198. 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 classified positions, that express authorization
or requirement shall 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.
88199. Governing boards of community college districts may grant
leaves of absence to persons employed in nonacademic positions, and
at their discretion may pay compensation at the rate the board
prescribes, during the absence, to any employee whose absence is
caused by accident or illness, whether or not the absence arises out
of or 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.
88200. Governing boards of community college districts may allow
permanent classified employees to interrupt or terminate vacation
leave in order to begin another type of paid leave without a return
to active service, provided the employee supplies adequate notice and
relevant supporting information regarding the basis for such
interruption or termination.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) of this chapter.
88201. The governing boards of any community college district may
accept the resignation of any employee and may fix the time when the
resignation shall take effect, which shall not be later than the
close of the school year during which the resignation is received by
the board.
88202. Any classified employee of a community college district,
school district, or county superintendent of schools who has been
employed for a period of one calendar year or more whose employment
is terminated for reasons other than action initiated by the employer
for cause and who subsequently accepts employment with a community
college district or county superintendent of schools within one year
of the termination of his or her former employment, shall have
transferred with him or her to the employing community college
district or county superintendent of schools the total amount of
earned leave of absence for illness or injury to which he or she is
entitled under Section 45191 or 88191. This transfer shall be in the
same manner as is provided for academic employees.
In any case where an employee was terminated as a result of action
initiated by the employer for cause, the transfer may be made if
agreed to by the governing board of the community college district or
the county superintendent of schools newly employing the employee.
All or any part of the previous service, not separated by a break
in service greater than one year as of the last day of paid service,
may, if agreed to by the employing entity, be construed to have been
served in the employing community college district or county
superintendent of schools of employment for seniority purposes,
except that the previous service may not be counted, for seniority
purposes, when position or personnel reduction is ordered, for any
reason, by the board.
No governing board of a community college district shall adopt any
policy or rule, written or unwritten, that requires all classified
employees, or any individual classification, or group of
classifications of employees transferring to its district to waive
any part or all benefits which they may be entitled to have
transferred in accordance with this section.
This section shall apply to community college districts that have
adopted the merit system in the same manner and effect as if it were
a part of Article 3 (commencing with Section 88060) of this chapter.
88203. All probationary or permanent employees who are part of the
classified service shall be entitled to the following paid holidays
if they are in a paid status during any portion of the working day
immediately preceding or succeeding the holiday: January 1, February
12 known as "Lincoln Day," the third Monday in February known as
"Washington Day," the last Monday in May known as "Memorial Day,"
July 4, the first Monday in September known as "Labor Day," November
11 known as "Veterans Day," that Thursday in November proclaimed by
the President as "Thanksgiving Day," December 25, every day appointed
by the President, or the Governor of this state, as provided for in
subdivisions (c) and (d) of Section 79020 for a public fast,
thanksgiving or holiday, or any day declared a holiday under Section
1318 for classified or academic employees. College recesses during
the Christmas and Easter periods shall not be considered holidays for
classified employees who are normally required to work during that
period; provided, however, that this shall not be construed as
affecting vacation rights specified in this section.
Regular employees of the district who are not normally assigned to
duty during the college holidays of December 25 and January 1 shall
be paid for those two holidays if they were in a paid status during
any portion of the working day of their normal assignment immediately
preceding or succeeding the holiday period.
When a holiday herein listed falls on a Sunday, the following
Monday shall be deemed to be the holiday in lieu of the day observed.
When a holiday herein listed falls on a Saturday, the preceding
Friday shall be deemed to be the holiday in lieu of the day observed.
When a classified employee is required to work on any of said
holidays, he or she shall be paid compensation, or given compensating
time off, for such work, in addition to the regular pay received for
the holiday, at the rate of time and one-half his or her regular
rate of pay.
Article 3 (commencing with Section 79020) of Chapter 8 of Part 48
of this division shall not be construed to in any way limit this
section, nor shall anything in this section be construed to prohibit
the governing board from adopting separate work schedules for the
academic and the classified services, or from providing holiday pay
for employees who have not been in paid status on the days specified
herein. Notwithstanding the adoption of separate work schedules for
the academic and the classified services, on any schoolday during
which students would otherwise have been in attendance, but are not
and for which faculty receive regular pay, classified personnel shall
also receive regular pay whether or not they are required to report
for duty that day.
In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March 31
known as "Cesar Chavez Day" and a paid holiday on the fourth Friday
in September known as "Native American Day," if they are in a paid
status during any portion of the working day immediately preceding or
succeeding the holiday, if the governing board, pursuant to a
memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to the paid holiday.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88204. Notwithstanding the provisions of Section 88203, if a
community college district establishes a position or class of
positions for which employees are required to work exclusively on
weekends and holidays, and for which a special salary rate is
established that recognizes the exclusive weekend and holiday
peculiarity, the employees and positions may be exempted, by the
personnel commission, where applicable, or the governing board from
the benefits of Section 88203. No governing board may create a
position or a class of positions, under this section, to avoid
payment of overtime.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) of this chapter.
88205. Prior to July 1 of any college year, the governing board of
any community college district may designate other days during that
year as the holidays to which classified employees are entitled in
lieu of the holidays on February 12 known as "Lincoln Day," the third
Monday in February known as "Washington Day," the last Monday in May
known as "Memorial Day," or November 11 known as "Veterans Day" as
specified in Section 88203, if the designated days provide for at
least a three-day weekend. Classified employees shall be required to
work on the regular holiday for which another day is designated
pursuant to this section, and for work of eight hours or less, shall
be paid compensation at their regular rate of pay.
If any classified employee would be entitled to the regular paid
holiday but would not be in a paid status during any portion of the
working day immediately preceding or succeeding the day so designated
in lieu of that holiday and therefore would not be entitled to a day
in lieu of the holiday, he or she shall be entitled to the regular
holiday; however, if the employee is required to work on that
holiday, he or she shall be paid compensation at the rate of time and
one-half of his or her regular rate of pay in addition to the
regular pay received for the holiday.
This section shall not be construed to authorize the maintenance
of colleges on holidays other than as provided in Article 3
(commencing with Section 79020) of Chapter 8 of Part 48.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88205.5. Notwithstanding any other provision of law, if the
governing board of a community college district does not designate
September 9 known as "Admission Day" as a paid holiday for classified
employees, the district shall provide a substitute holiday for those
employees. The substitute holiday shall be provided as specified in
Section 88205.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88206. Any community college district that requires any classified
employee to work a workweek other than Monday through Friday, or if
the classified employee consents to a workweek including Saturday or
Sunday, or both, and as a result thereof the employee loses a holiday
to which he or she would otherwise be entitled, shall provide a
substitute holiday for the employee, or provide compensation in the
amount to which the employee would have been entitled had the holiday
fallen within his or her normal work schedule.
88207. (a) A contract or regular employee may, at the employee's
election, use any days of absence for illness or injury earned
pursuant to Section 88191 in cases of personal necessity, including
any of the following:
(1) Death of a member of the employee's immediate family when
additional leave is required beyond that provided both in Section
88194 and as a right by the governing board.
(2) Accident involving the person or property of the employee or
of a member of his or her immediate family.
(3) Appearance in any court or before any administrative tribunal
as a litigant, party, or witness under subpoena or any order made
with jurisdiction.
(4) Any other reasons that the governing board may prescribe.
(b) The governing board of each community college district shall
adopt rules and regulations requiring and prescribing the manner of
proof of personal necessity for the purpose of this section. The
adopted rules and regulations may not require an employee to secure
advance permission for leave taken for the purposes specified in
paragraphs (1) and (2) of subdivision (a). Earned leave in excess of
seven days may not be used in any college year for the purposes
enumerated in this section except if either of the following
conditions exist:
(1) A maximum number of days in excess of seven is specified for
that purpose in an agreement between the exclusive representative of
the employees and the community college district.
(2) If there is no exclusive representative of the employees, the
governing board of the community college district, by resolution,
adopts a policy allowing earned leave in excess of seven days to be
used in any school year for the purposes enumerated in this section.
(c) Authorized necessity leave shall be deducted from sick leave
earned under the exemption of Section 88191.
(d) For purposes of this section, "immediate family" has the same
meaning as in Section 88194.
(e) This section applies to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) and to community college districts
that may be exempted from Section 88191.
88209. The Director of Employment Development is the administrator
of the system of unemployment insurance, as provided in Article 6
(commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of
the Unemployment Insurance Code.
88210. (a) The governing board of a community college district
shall grant to any classified 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 employer. The employee shall earn full service
credit during the leave of absence and shall pay member contributions
as prescribed by subdivision (a) of Section 20677 of the Government
Code. The maximum amount of the service credit earned shall not
exceed 12 years.
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.
(b) A classified employee who after August 31, 1987, was absent on
account of elected-officer service, shall receive full service
credit in the Public Employees' Retirement System; provided that, not
later than April 30, 1988: (1) the employee makes a written request
to the employer for a leave of absence for the period of the
elected-officer service, and (2) the employee organization of which
the employee is an elected officer pays to the employee's community
college district an amount equal to the required Public Employees'
Retirement System member and employer retirement contributions, as
prescribed by this section.
The community college district, following the written request and
payment, shall transmit the amount received to the Public Employees'
Retirement System, informing it of the period of the employee's leave
of absence. The Public Employees' Retirement System shall credit the
employee with all service credit earned for the period of the
elected-officer leave of absence.
If the employee has been compensated by the community college
district for the period of the service, then, as a condition to the
employee's entitlement to service credit for the period, the
community college district shall be reimbursed by the employee
organization for the amount of the compensation.
The provisions of this subdivision shall apply retroactively to
all service as an elected officer in a public employee organization
occurring after August 31, 1987.
88190. Governing boards of community college districts may grant
leaves of absence and vacations, with or without pay, to persons
employed in the classified service of the district.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) of this chapter.
88191. Every classified employee employed five days a week by a
community college district shall be entitled to 12 days leave of
absence for illness or injury and such additional days, in addition
thereto, as the governing board may allow for illness or injury,
exclusive of all days the employee is not required to render service
to the district, with full pay for a fiscal year of service.
A classified employee, employed five days a week, who is employed
for less than a full fiscal year, is entitled to that proportion of
12 days leave of absence for illness or injury as the number of
months the employee is employed bears to 12 and the proportionate
amount, consistent with this formula, of such additional days, in
addition thereto, authorized by the governing board for classified
employees employed five days a week for a full fiscal year of
service.
A classified employee employed less than five days per week shall
be entitled, for a fiscal year of service, to that proportion of 12
days leave of absence for illness or injury as the number of days the
employee is employed per week bears to five and is entitled to the
proportionate amount, consistent with this formula, of such
additional days, in addition thereto, authorized by the governing
board for classified employees employed five days a week for a full
fiscal year of service.
When these persons are employed for less than a full fiscal year
of service, this and the preceding paragraph shall determine that
proportion of leave of absence for illness or injury to which they
are entitled.
Pay for any day of such absence shall be the same as the pay which
would have been received had the employee served during the day.
Credit for leave of absence need not be accrued prior to taking that
leave by the employee and such leave of absence may be taken at any
time during the year. However, a new employee of a district shall not
be eligible to take more than six days, or the proportionate amount
to which the employee may be entitled under this section, until the
first day of the calendar month after completion of six months of
active service with the district.
If the employee does not take the full amount of leave allowed in
any year under this section, the amount not taken shall be
accumulated from year to year with such additional days as the
governing board may allow.
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 purpose 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 religious sect, denomination or organization.
This section shall not apply to a district in which the full-time
equivalent student of the district is in excess of 400,000, if the
district maintains sick leave policies not less than those in effect
in such districts on January 1, 1961.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88192. Governing boards of community college districts shall
provide, by rules and regulations, for industrial accident or illness
leaves of absence for employees who are a part of the classified
service. The governing board of any district that is created or whose
boundaries or status is changed by an action to organize or
reorganize districts completed after January 1, 1975, shall provide,
by rules and regulations, for such leaves of absence on or before the
date on which the organization or reorganization of the district
becomes effective for all purposes.
The rules and regulations shall include all of the following
provisions:
(a) Allowable leave shall not be for less than 60 working days in
any one fiscal year for the same accident.
(b) Allowable leave shall not be accumulative from year to year.
(c) Industrial accident or illness leave of absence will commence
on the first day of absence.
(d) Payment for wages lost on any day shall not, when added to an
award granted the employee under the workers' compensation laws of
this state, exceed the normal wage for the day.
(e) Industrial accident leave will be reduced by one day for each
day of authorized absence regardless of a compensation award made
under workers' compensation.
(f) When an industrial accident or illness occurs at a time when
the full 60 days will overlap into the next fiscal year, the employee
shall be entitled to only that amount remaining at the end of the
fiscal year in which the injury or illness occurred, for the same
illness or injury.
The industrial accident or illness leave of absence is to be used
in lieu of entitlement acquired under Section 88191. When entitlement
to industrial accident or illness leave has been exhausted,
entitlement to other sick leave will then be used; but if an employee
is receiving workers' compensation, the person shall be entitled to
use only so much of the person's accumulated or available sick leave,
accumulated compensating time, vacation or other available leave
which, when added to the workers' compensation award, provide for a
full day's wage or salary.
The governing board, by rule or regulation, may provide for
additional leave of absence, paid or unpaid, as it deems appropriate
and during that leave the employee may return to the person's
position without suffering any loss of status or benefits.
Periods of leave of absence, paid or unpaid, shall not be
considered to be a break in service of the employee.
During all paid leaves of absence, whether industrial accident
leave as provided in this section, sick leave, vacation, compensated
time off or other available leave provided by law or the action of a
governing board, the employee shall endorse to the district wage loss
benefit checks received under the workers' compensation laws of this
state. The district, in turn, shall issue the employee appropriate
warrants for payment of wages or salary and shall deduct normal
retirement and other authorized contributions. Reduction of
entitlement to leave shall be made only in accordance with this
section.
When all available leaves of absence, paid or unpaid, have been
exhausted and if the employee is not medically able to assume the
duties of the person's position, the person, if not placed in another
position, shall be placed on a reemployment list for a period of 39
months. When available, during the 39-month period, the person shall
be employed in a vacant position in the class of the person's
previous assignment over all other available candidates except for a
reemployment list established because of lack of work or lack of
funds, in which case the person shall be listed in accordance with
appropriate seniority regulations.
The governing board may require that an employee serve, or have
served continuously, a specified period of time with the district
before the benefits provided by this section are made available to
the person. However, that period shall not exceed three years. All
service of an employee prior to the effective date of this section
shall be credited in determining compliance with the requirement.
Any employee receiving benefits as a result of this section shall,
during periods of injury or illness, 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 and accident or illness leave as provided in this section
but without limitation as to the number of days of that leave and
without any requirement of a specified period of service.
An employee who has been placed on a reemployment list, as
provided herein, who has been medically released for return to duty
and who fails to accept an appropriate assignment shall be dismissed.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88193. The governing board of any community college district may
provide for such leave of absence from duty as it deems appropriate
for any female employee in the classified service of the district who
is required to absent herself from her duties because of pregnancy
or convalescence following childbirth, and may adopt rules and
regulations prescribing the manner of proof of pregnancy, the time
during pregnancy at which the leave of absence shall be taken, and
the length of time for which the leave of absence shall continue
after birth of the child. The board may also provide in the rules and
regulations whether leave granted under this section shall be with
or without pay and, if with pay, the amount, if any, to be deducted
from the salary due the employee for the period in which the absence
occurs. However, nothing in this section shall be construed so as to
deprive any employee of sick leave rights under other sections of
this code for absences due to illness or injury resulting from
pregnancy.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) of this chapter.
88194. Every person employed in the classified service of any
community college district shall be granted necessary 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 nor shall such 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.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88195. A permanent employee of the classified service who has
exhausted all entitlement to sick leave, vacation, compensatory
overtime, or other available paid leave and who is absent because of
nonindustrial accident or illness may be granted additional leave,
paid or unpaid, not to exceed six months. The board may renew the
leave of absence, paid or unpaid, for two additional six-month
periods or lesser leave periods that it may provide but not to exceed
a total of 18 months.
An employee, upon ability to resume the duties of a position
within the class to which he or she was assigned, may do so at any
time during the leaves of absence granted under this section and time
lost shall not be considered a break in service. The employee shall
be restored to a position within the class to which he or she was
assigned and, if at all possible, to his or her position with all the
rights, benefits and burdens of a permanent employee.
If, at the conclusion of all leaves of absence, paid or unpaid,
the employee is still unable to assume the duties of his or her
position, the employee shall be placed on a reemployment list for a
period of 39 months.
At any time during the prescribed 39 months that the employee is
able to assume the duties of his or her position, the employee shall
be reemployed in the first vacancy in the classification of his or
her previous assignment. The employee's reemployment shall take
preference over all other applicants except for those laid off for
lack of work or funds under Section 88117 in which case the employee
shall be ranked according to his or her proper seniority. Upon
resumption of the employee's duties, the break in service will be
disregarded and the employee shall be fully restored as a permanent
employee.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88196. When a person employed in the classified service is absent
from his or her duties on account of illness or accident for a period
of five months or less, whether or not the absence arises out of or
in the course of 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 which is actually paid a substitute
employee employed to fill the employee's position during his or her
absence.
Except in a district where the governing board has adopted a
salary schedule for substitute employees of the district, the amount
paid the substitute employee during any month shall be less than the
salary due the employee absent from the employee's duties.
Entitlement to sick leave provisions under this section, if any,
shall be considered "entitlement to other sick leave" for the
purposes of computing benefits under Section 88192 if the absence is
for industrial accident or illness and shall be used after
entitlement to all regular sick leave, accumulated compensating time,
vacation or other available paid leave has been exhausted.
This section shall not apply to any community college district
that adopts and maintains, in effect, a rule which provides that a
regular classified employee shall be credited once a year with a
total of not less than 100 working days of paid sick leave, including
days to which he or she is entitled under Section 88191. These days
of paid sick leave, in addition to those required by Section 88191,
shall be compensated at not less than 50 percent of the employee's
regular salary. The paid sick leave authorized under such a rule
shall be exclusive of any other paid leave, holidays, vacation, or
compensating time to which the employee may be entitled. Nothing in
this section shall preclude the governing board from adopting such a
rule.
88196.5. A community college district may deduct from the salary
otherwise payable to an employee under Section 88196 an amount which
is payable, in lieu of salary and on account of the absence for
illness or accident, to the employee as the beneficiary under a
policy of insurance purchased by the district.
This section shall not be applicable unless specifically included
in a collective bargaining agreement between the exclusive
representative and the school employer.
88197. (a) Every community college district shall grant to regular
classified employees an annual vacation at the regular rate of pay
earned at the time the vacation is commenced. The vacation shall be
as determined by the community college district, but shall be not
less than five-sixths of a day for each month in which the employee
is in a paid status for more than one-half the working days in the
month, if the employee is regularly employed five days per week,
seven to eight hours a day. An employee in a paid status for less
than one-half the working days in a month shall have his or her
vacation credit accrued on the basis provided for in subdivision (b)
or (c).
(b) In lieu of accrual of vacation credit on a monthly basis and
proration as prescribed in subdivision (a), a district may provide
for accrual of vacation credit on any of the following bases:
(1) For all employees or classes of employees who work a full
workweek of 40 hours, the district shall provide 0.03846 hour of
vacation credit for each hour of paid service, not including
overtime.
(2) For all employees or classes of employees who work a full
workweek of 37.5 hours, the district shall provide 0.04087 hour of
vacation credit for each hour of paid service, not including
overtime.
(3) For all employees or classes of employees who work a full
workweek of 35 hours, the district shall provide 0.04379 hour of
vacation credit for each hour of paid service, not including
overtime.
(c) For all employees regularly employed for fewer than 35 hours a
week, regardless of the number of hours or days worked per week, the
vacation credit shall be computed at the rate of 0.03846 for each
hour the employee is in paid status, not including overtime.
(d) Vacation, with the approval of the employer, may be taken at
any time during the college year. If the employee is not permitted to
take his or her full annual vacation, the amount not taken shall
accumulate for use in the next year or be paid for in cash at the
option of the governing board.
(e) Earned vacation shall not become a vested right until
completion of the initial six months of employment.
(f) The employee may be granted vacation during the college year
even though not earned at the time the vacation is taken.
(g) If an employee is terminated and had been granted vacation
which was not yet earned at the time of termination of his or her
services, the employer shall deduct from the employee's severance
check the full amount of salary which was paid for such unearned days
of vacation taken.
(h) Upon separation from service, the employee shall be entitled
to lump-sum compensation for all earned and unused vacation, except
that employees who have not completed six months of employment in
regular status shall not be entitled to such compensation.
(i) This section shall not apply to substitute, short-term, or
limited-term employees, as defined in Sections 88003 and 88105,
unless those employees are specifically included by the district.
(j) The district may expand the benefits provided for in this
section.
(k) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 3 (commencing with Section 88060).
88198. 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 classified positions, that express authorization
or requirement shall 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.
88199. Governing boards of community college districts may grant
leaves of absence to persons employed in nonacademic positions, and
at their discretion may pay compensation at the rate the board
prescribes, during the absence, to any employee whose absence is
caused by accident or illness, whether or not the absence arises out
of or 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.
88200. Governing boards of community college districts may allow
permanent classified employees to interrupt or terminate vacation
leave in order to begin another type of paid leave without a return
to active service, provided the employee supplies adequate notice and
relevant supporting information regarding the basis for such
interruption or termination.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) of this chapter.
88201. The governing boards of any community college district may
accept the resignation of any employee and may fix the time when the
resignation shall take effect, which shall not be later than the
close of the school year during which the resignation is received by
the board.
88202. Any classified employee of a community college district,
school district, or county superintendent of schools who has been
employed for a period of one calendar year or more whose employment
is terminated for reasons other than action initiated by the employer
for cause and who subsequently accepts employment with a community
college district or county superintendent of schools within one year
of the termination of his or her former employment, shall have
transferred with him or her to the employing community college
district or county superintendent of schools the total amount of
earned leave of absence for illness or injury to which he or she is
entitled under Section 45191 or 88191. This transfer shall be in the
same manner as is provided for academic employees.
In any case where an employee was terminated as a result of action
initiated by the employer for cause, the transfer may be made if
agreed to by the governing board of the community college district or
the county superintendent of schools newly employing the employee.
All or any part of the previous service, not separated by a break
in service greater than one year as of the last day of paid service,
may, if agreed to by the employing entity, be construed to have been
served in the employing community college district or county
superintendent of schools of employment for seniority purposes,
except that the previous service may not be counted, for seniority
purposes, when position or personnel reduction is ordered, for any
reason, by the board.
No governing board of a community college district shall adopt any
policy or rule, written or unwritten, that requires all classified
employees, or any individual classification, or group of
classifications of employees transferring to its district to waive
any part or all benefits which they may be entitled to have
transferred in accordance with this section.
This section shall apply to community college districts that have
adopted the merit system in the same manner and effect as if it were
a part of Article 3 (commencing with Section 88060) of this chapter.
88203. All probationary or permanent employees who are part of the
classified service shall be entitled to the following paid holidays
if they are in a paid status during any portion of the working day
immediately preceding or succeeding the holiday: January 1, February
12 known as "Lincoln Day," the third Monday in February known as
"Washington Day," the last Monday in May known as "Memorial Day,"
July 4, the first Monday in September known as "Labor Day," November
11 known as "Veterans Day," that Thursday in November proclaimed by
the President as "Thanksgiving Day," December 25, every day appointed
by the President, or the Governor of this state, as provided for in
subdivisions (c) and (d) of Section 79020 for a public fast,
thanksgiving or holiday, or any day declared a holiday under Section
1318 for classified or academic employees. College recesses during
the Christmas and Easter periods shall not be considered holidays for
classified employees who are normally required to work during that
period; provided, however, that this shall not be construed as
affecting vacation rights specified in this section.
Regular employees of the district who are not normally assigned to
duty during the college holidays of December 25 and January 1 shall
be paid for those two holidays if they were in a paid status during
any portion of the working day of their normal assignment immediately
preceding or succeeding the holiday period.
When a holiday herein listed falls on a Sunday, the following
Monday shall be deemed to be the holiday in lieu of the day observed.
When a holiday herein listed falls on a Saturday, the preceding
Friday shall be deemed to be the holiday in lieu of the day observed.
When a classified employee is required to work on any of said
holidays, he or she shall be paid compensation, or given compensating
time off, for such work, in addition to the regular pay received for
the holiday, at the rate of time and one-half his or her regular
rate of pay.
Article 3 (commencing with Section 79020) of Chapter 8 of Part 48
of this division shall not be construed to in any way limit this
section, nor shall anything in this section be construed to prohibit
the governing board from adopting separate work schedules for the
academic and the classified services, or from providing holiday pay
for employees who have not been in paid status on the days specified
herein. Notwithstanding the adoption of separate work schedules for
the academic and the classified services, on any schoolday during
which students would otherwise have been in attendance, but are not
and for which faculty receive regular pay, classified personnel shall
also receive regular pay whether or not they are required to report
for duty that day.
In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March 31
known as "Cesar Chavez Day" and a paid holiday on the fourth Friday
in September known as "Native American Day," if they are in a paid
status during any portion of the working day immediately preceding or
succeeding the holiday, if the governing board, pursuant to a
memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to the paid holiday.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88204. Notwithstanding the provisions of Section 88203, if a
community college district establishes a position or class of
positions for which employees are required to work exclusively on
weekends and holidays, and for which a special salary rate is
established that recognizes the exclusive weekend and holiday
peculiarity, the employees and positions may be exempted, by the
personnel commission, where applicable, or the governing board from
the benefits of Section 88203. No governing board may create a
position or a class of positions, under this section, to avoid
payment of overtime.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) of this chapter.
88205. Prior to July 1 of any college year, the governing board of
any community college district may designate other days during that
year as the holidays to which classified employees are entitled in
lieu of the holidays on February 12 known as "Lincoln Day," the third
Monday in February known as "Washington Day," the last Monday in May
known as "Memorial Day," or November 11 known as "Veterans Day" as
specified in Section 88203, if the designated days provide for at
least a three-day weekend. Classified employees shall be required to
work on the regular holiday for which another day is designated
pursuant to this section, and for work of eight hours or less, shall
be paid compensation at their regular rate of pay.
If any classified employee would be entitled to the regular paid
holiday but would not be in a paid status during any portion of the
working day immediately preceding or succeeding the day so designated
in lieu of that holiday and therefore would not be entitled to a day
in lieu of the holiday, he or she shall be entitled to the regular
holiday; however, if the employee is required to work on that
holiday, he or she shall be paid compensation at the rate of time and
one-half of his or her regular rate of pay in addition to the
regular pay received for the holiday.
This section shall not be construed to authorize the maintenance
of colleges on holidays other than as provided in Article 3
(commencing with Section 79020) of Chapter 8 of Part 48.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88205.5. Notwithstanding any other provision of law, if the
governing board of a community college district does not designate
September 9 known as "Admission Day" as a paid holiday for classified
employees, the district shall provide a substitute holiday for those
employees. The substitute holiday shall be provided as specified in
Section 88205.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
88206. Any community college district that requires any classified
employee to work a workweek other than Monday through Friday, or if
the classified employee consents to a workweek including Saturday or
Sunday, or both, and as a result thereof the employee loses a holiday
to which he or she would otherwise be entitled, shall provide a
substitute holiday for the employee, or provide compensation in the
amount to which the employee would have been entitled had the holiday
fallen within his or her normal work schedule.
88207. (a) A contract or regular employee may, at the employee's
election, use any days of absence for illness or injury earned
pursuant to Section 88191 in cases of personal necessity, including
any of the following:
(1) Death of a member of the employee's immediate family when
additional leave is required beyond that provided both in Section
88194 and as a right by the governing board.
(2) Accident involving the person or property of the employee or
of a member of his or her immediate family.
(3) Appearance in any court or before any administrative tribunal
as a litigant, party, or witness under subpoena or any order made
with jurisdiction.
(4) Any other reasons that the governing board may prescribe.
(b) The governing board of each community college district shall
adopt rules and regulations requiring and prescribing the manner of
proof of personal necessity for the purpose of this section. The
adopted rules and regulations may not require an employee to secure
advance permission for leave taken for the purposes specified in
paragraphs (1) and (2) of subdivision (a). Earned leave in excess of
seven days may not be used in any college year for the purposes
enumerated in this section except if either of the following
conditions exist:
(1) A maximum number of days in excess of seven is specified for
that purpose in an agreement between the exclusive representative of
the employees and the community college district.
(2) If there is no exclusive representative of the employees, the
governing board of the community college district, by resolution,
adopts a policy allowing earned leave in excess of seven days to be
used in any school year for the purposes enumerated in this section.
(c) Authorized necessity leave shall be deducted from sick leave
earned under the exemption of Section 88191.
(d) For purposes of this section, "immediate family" has the same
meaning as in Section 88194.
(e) This section applies to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) and to community college districts
that may be exempted from Section 88191.
88209. The Director of Employment Development is the administrator
of the system of unemployment insurance, as provided in Article 6
(commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of
the Unemployment Insurance Code.
88210. (a) The governing board of a community college district
shall grant to any classified 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 employer. The employee shall earn full service
credit during the leave of absence and shall pay member contributions
as prescribed by subdivision (a) of Section 20677 of the Government
Code. The maximum amount of the service credit earned shall not
exceed 12 years.
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.
(b) A classified employee who after August 31, 1987, was absent on
account of elected-officer service, shall receive full service
credit in the Public Employees' Retirement System; provided that, not
later than April 30, 1988: (1) the employee makes a written request
to the employer for a leave of absence for the period of the
elected-officer service, and (2) the employee organization of which
the employee is an elected officer pays to the employee's community
college district an amount equal to the required Public Employees'
Retirement System member and employer retirement contributions, as
prescribed by this section.
The community college district, following the written request and
payment, shall transmit the amount received to the Public Employees'
Retirement System, informing it of the period of the employee's leave
of absence. The Public Employees' Retirement System shall credit the
employee with all service credit earned for the period of the
elected-officer leave of absence.
If the employee has been compensated by the community college
district for the period of the service, then, as a condition to the
employee's entitlement to service credit for the period, the
community college district shall be reimbursed by the employee
organization for the amount of the compensation.
The provisions of this subdivision shall apply retroactively to
all service as an elected officer in a public employee organization
occurring after August 31, 1987.
