Article 6. Merit System - California Education Code Section 45308
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California Laws > Education Code > Article 6. Merit System - California Education Code Section 45308
45308. (a) Classified employees shall be subject to layoff for lack
of work or lack of funds. If a classified employee is laid off, the
order of layoff within the class shall be determined by length of
service. The employee who has been employed the shortest time in the
class, plus higher classes, shall be laid off first. Reemployment
shall be in order of seniority.
(b) For purposes of this section, in school districts with an
average daily attendance below 400,000, for service commencing or
continuing after July 1, 1971, "length of service" means all hours in
paid status, whether during the school year, a holiday, recess, or
during any period that a school is in session or closed, but does not
include any hours compensated solely on an overtime basis as
provided for in Section 45128. Nothing in this section shall preclude
the governing board of a school district from entering into an
agreement with the exclusive representative of the classified
employees that defines "length of service" to mean the hire date. For
purposes of this section, in school districts with an average daily
attendance of 400,000 or more, for service commencing or continuing
after January 1, 1986, "length of service" shall be determined by the
date of hire.
If a governing board enters into an agreement with the exclusive
representative of classified employees that defines "length of
service" to mean the hire date, the governing board may define
"length of service" to mean the hire date for a classification of
employee not represented by any exclusive bargaining unit.
(c) Nothing contained in this section shall preclude the granting
of "length of service" credit for time spent on unpaid illness leave,
unpaid maternity leave, unpaid family care leave, or unpaid
industrial accident leave. In addition, for military leave of
absence, "length of service" credit shall be granted pursuant to
Section 45297. In the event an employee returns to work following any
other unpaid leave of absence, no further seniority shall be accrued
for the time not worked.
(d) "Hours in paid status" shall not be interpreted to mean any
service performed prior to entering into a probationary or permanent
status in the classified service of the district except service in
restricted positions as provided in this chapter.
Last modified: February 16, 2015