SECTIONS 45380-45387 - California Statutes

EDUCATION CODE

SECTION 45380-45387

45380. In enacting this article the Legislature recognizes that
technological and other changes are occurring which may displace
otherwise desirable classified employees in the public school systems
of the state. The Legislature intends that the enactment of this
article will encourage classified employees to prepare themselves for
the changes that are occurring and will also encourage governing
boards to utilize the article to further study and retraining by
classified personnel.

45381. The governing board of any school district may grant any
classified employee a leave of absence not to exceed one year for the
purpose of permitting study by the employee or for the purpose of
retraining the employee to meet changing conditions within the
district.
The governing board may provide that such a leave of absence shall
be taken in separate six-month periods or in any other appropriate
periods, rather than for a continuous one-year period; provided, that
the separate periods of leave of absence shall be commenced and
completed within a three-year period. Any period of service by the
individual intervening between the authorized separate periods shall
comprise a part of the service required for a subsequent leave of
absence for study or retraining purposes.
In school districts operating under the merit system, such leaves
of absence shall be granted in accordance with rules established by
the personnel commission.

45382. No leave of absence shall be granted under this article to
any employee for study purposes who has not rendered service to the
district for at least seven consecutive years, or for retraining
purposes who has not rendered service to the district for at least
three consecutive years preceding the granting of the leave, and no
more than one such leave of absence shall be granted in each seven-
or three-year period, respectively. The governing board, or personnel
commission in merit system districts, may prescribe standards of
service which shall entitle the employee to the leave of absence.
Any leave of absence granted under this article shall not be
deemed a break in service for any purpose, except that such leave
shall not be included as service in computing service for the
granting of any subsequent leave under this article.

45383. Every employee granted a leave of absence pursuant to this
article may be required to perform such services during the leave as
the governing board of the district and the employee may agree upon
in writing. The employee shall receive such compensation during the
period of the leave as the governing board and the employee may agree
upon in writing, which compensation shall be not less than the
difference between the salary of the employee on leave and the salary
of a substitute employee in the position which the employee held
prior to the granting of the leave. However, in lieu of such
difference, the board may pay one-half of the salary of the employee
on leave or any additional amount up to and including the full salary
of the employee on leave.

45384. Compensation granted by the governing board to the employee
on leave may be paid in two equal annual installments during the
first two years of service rendered in the employ of the governing
board following the return of the employee from the leave of absence.
The compensation shall be paid the employee while on the leave of
absence in the same manner as if the employee were working for the
district, upon the furnishing by the employee of a suitable bond
indemnifying the governing board of the district against loss in the
event that the employee fails to render at least two years' service
in the employ of the governing board following the return of the
employee from the leave of absence. The bond shall be exonerated in
the event the failure of the employee to return and render two years'
service is caused by the death or physical or mental disability of
the employee. If the governing board finds, and by resolution
declares, that the interests of the district will be protected by the
written agreement of the employee to return to the service of the
district and render at least two years' service therein following his
return from the leave, the governing board in its discretion may
waive the furnishing of the bond and pay the employee on leave in the
same manner as though a bond is furnished.

45385. Where one governing board serves as the governing board of
two or more separate districts, an employee may fulfill the service
requirements provided in Sections 45382 or 45384, or both, by service
in any one or more of the districts under the jurisdiction of such
governing board.

45386. This article shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 6 (commencing with Section 45240) of this chapter or other
applicable provisions of this code that may hereafter be enacted.

45387. (a) The governing board of a school district may grant
reimbursement of the costs, including tuition fees, to a permanent
classified employee who satisfactorily completes approved training to
improve his or her job knowledge, ability, or skill. Programs
eligible for that reimbursement shall include courses of study at
approved academic institutions, seminars and training institutes
conducted by recognized professional associations, and conferences,
meetings and other training programs that are designed to upgrade the
classified service and to encourage retraining of employees who may
otherwise be subject to layoff as the result of technological
changes. Eligibility for reimbursement shall be in accordance with
rules established by the personnel commission in those districts that
have adopted a merit system. This section does not apply to an
employee who is receiving training and is eligible for reimbursement
by another governmental agency, organization, or association.
(b) The governing board of a school district may permit a
permanent classified employee to attend a minimum of one schoolday
each year, during working hours, for job-related in-service training,
with pay.