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Legal Resources | Title 5 |  T5  17434  

Subsistence Allowances.   

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A per diem allowance may be claimed pursuant to this section. Travel shall have been more than 10 miles from the employee's headquarters.

(a) In-state Travel. Education Code Sections 1080(b), 1081 and 1942 provide that actual and necessary travel expenses may be paid to a county superintendent and designated staff members in accordance with regulations established by the county board of education subject to the following requirements:

(1) The county board of education shall adopt regulations providing for no greater than the actual and necessary travel expenses of the county superintendent and designated staff members.

(2) For those offices of county superintendent of schools where the staff is comprised of a combination of employees employed directly by the county superintendent and employees assigned to the county superintendent by the county board of supervisors, the county board of education may adopt the same travel and per diem rules for employees of the county superintendent as the county board of supervisors has adopted for their employees.

(b) Out of State Travel. For out of state travel a county superintendent and designated staff members shall be authorized only those actual and necessary travel expenses which are provided for by regulations adopted by the county board of education.

(c) Lunch allowance. On certain types of one-day trips as, for example, trips routinely made for an extended period of time to the same place or over the same route, the necessity for employees to incur additional expenses for meals should be questioned. The person approving the claim will determine the necessity for meal allowance in such cases pursuant to regulations adopted by the county board of education.

(d) Meal Allowance. When an employee is required to work by a supervisor more than two hours past the normal quitting time (which requires working more than 10 hours) and it is unreasonable to expect the employee to return to his or her residence for meals, reimbursement may be allowed for actual cost of a meal not to exceed $5.00 for the evening meal and up to $4.00 for all others. An additional meal allowance may be allowed for each additional six hours worked; a total of up to three overtime meal allowances in any 24-hour period may be allowed. No overtime meal will be allowed if an employee also claims per diem.

(Amended by Register 77, No. 39.)