topleft CSBA.org >  Services >  Governance Technology > 

Vallecito Un SD |  AR  4221  Personnel

Substitute And Short-Term Employment   

arrow Previous bar Next arrow

The Governing Board recognizes that pursuant to Education Code sections 45103, the following classifications of employees are not part of the classified service and thus not part of the positions represented by the District's negotiated agreement with CSEA:

1. Substitute employees

2. Short-term employees1

The Governing Board does recognize that the individuals it hires to serve as substitute and short-term employees play a vital role in the day-to-day operation of the District. The Governing Board also recognizes the dedication and hard work of its current certificated and classified staff members and that the fact that in most cases they are the ones best equipped to perform the duties needed by the District in these substitute and short-term assignments. Thus, the Governing Board desires to make as many of these short-term and substitute assignments available to its current staff as long as in doing so the orderly operation of the District is not disrupted.

Therefore, the Governing Board directs the Administration to post any substitute2 or short-term assignment, which will exceed twenty (20) consecutive working days, to current District employees (certificated and classified staff members) before seeking applicants from outside the District. The Administration shall post notice of the substitute or short-term assignment as far in advance as possible.

The Administration shall select the best qualified District employee for a substitute or short-term assignment that will exceed twenty (20) consecutive working days. The provisions governing transfers within the certificated or classified negotiated agreements shall not apply to the District's filling of such positions.

If a District employee is unable to work both his or her regular assignment and the substitute or short-term assignment, the District employee may request a leave of absence from his or her current assignment in order to work the substitute or short-term assignment.

In deciding between equally qualified District employees, the Administration may consider the difficulty in finding a replacement for the District employee's regular assignment in order to allow the District employee to work the substitute or short-term assignment.

A District employee hired for a substitute or short-term assignment shall be compensated in the following manner:

1. If this is a substitute assignment, the District employee shall continue to receive his or her regular pay for his or her regular hours. The District employee shall be compensated at Step 1 of the classification for which he or she is serving as a substitute for the hours beyond his regular assignment.

1.1 The District employee shall continue to receive sick leave, vacation leave or vacation credit (if applicable), and health and welfare benefits for his or her regular hours. He or she shall not accrue additional sick leave, vacation leave or credit, or additional contributions toward health and welfare benefits for the hours beyond his or her regular assignment.

1.2 As an example, if a District employee, who normally works a four-hour per day assignment with the District, takes a leave of absence from that assignment to work a seven-hour substitute assignment, he or she would get his or her regular pay, sick leave, vacation leave or vacation credit (if applicable), and health and welfare benefits for four (4) hours per day. For the remaining three (3) hours per day, the employee would get paid at Step 1 on the salary schedule for that classification regardless of whether that is higher or lower than his or her regular salary. In addition, the District employee would not accrue sick leave, vacation leave or vacation credit, or health and welfare benefits for the three (3) additional hours he or she worked each day as a substitute employee.

2. If this is a short-term assignment, the District employee shall continue to receive his or her regular pay for his or her regular hours. The District employee shall be compensated at the rate the District is offering for the short-term assignment for the hours worked beyond his or her regular assignment.

2.1 The District employee shall continue to receive sick leave, vacation leave or vacation credit (if applicable), and health and welfare benefits for his or her regular hours. He or she shall not accrue additional sick leave, vacation leave or vacation credit, or additional contributions toward health and welfare benefits for the hours worked beyond his or her regular assignment.

In establishing this policy, the District declares that since substitute and short-term employees are exempt from the classified and certificated service, the terms or provisions contained in a Collective Bargaining Agreement are not applicable to this Board Policy. However, a District employee may file a complaint with the Governing Board if he or she believes that a District Administrator is not implementing the terms of this Board Policy in a non-discriminatory manner.

A "short-term employee" means any person who is employed to perform a service for the district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing basis. Before employing a short-term employee, the governing board, at a regularly scheduled board meeting, shall specify the service required to

be performed by the employee pursuant to the definition of "classification" in subdivision (a) of Section 45101, and shall certify the ending date of the service. The ending date may be shortened or extended by the governing board, but shall not extend beyond 75 percent of a school year.

2 Although the majority of substitute assignments which will exceed twenty (20) working days in length will be assignments which do not require a credential, this Board Policy applies equally to certificated substitute assignments. Thus, if a current classified employee has the required education and certificate to serve as a substitute teacher, he or she may apply for a leave of absence from his or her current classified assignment to serve as a substitute teacher when the certificated substitute assignment will be twenty (20) working days or more.

Regulation VALLECITO UNION SCHOOL DISTRICT

approved: March 25, 2013 Avery, California