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Vista USD |  BP  4121  Personnel

Temporary, Substitute, And Short-Term Employees   

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The Board of Trustees recognizes that substitute and temporary personnel perform an essential role in promoting student achievement and desires to employ highly qualified, appropriately credentialed employees to fill such positions.

Hiring

The Superintendent or designee shall recommend candidates for substitute or temporary positions for Board approval, and shall ensure that all substitute and temporary employees are assigned in accordance with law and the authorizations specified in their credential.

Substitute personnel may be employed on an on-call, day-to-day basis.

In addition, after September 1 of any school year, the Board may employ substitute personnel for the remainder of the school year for positions for which no regular employee is available. The district shall first demonstrate to the Commission on Teacher Credentialing the inability to acquire the services of a qualified regular employee. (Education Code 44917)

Permanent or probationary certificated employees who were laid off pursuant to Education Code 44955 and who have a preferred right of reappointment shall be given priority for substitute service in the order of their original employment. (Education Code 44956, 44957)

Classification

At the time of initial employment and each July thereafter, the Board shall classify substitute and temporary employees as such. (Education Code 44915, 44916)

The Board may classify as substitute personnel a teacher hired to fill the position of a regularly employed person who is absent from service. (Education Code 44917)

The Board may classify as a temporary employee a teacher who is employed for at least one semester and up to one complete school year based on the need for additional certificated employees when regular employees are absent due to leaves or long-term illness. Any person whose service begins in the second semester and before March 15 may be classified as a temporary employee even if employed for less than a semester. The Board shall determine the number of persons who shall be so employed, which shall not exceed the identified need based on the absence of regular employees. (Education Code 44920)

The Board also shall classify as temporary employees those certificated persons, other than substitute employees, who are employed to:

1. Serve from day-to-day during the first three months of any school term to teach temporary classes which shall not exist after that time, or perform any other duties which do not last longer than the first three months of any school term (Education Code 44919)

2. Teach in special day and evening classes for adults or in schools of migratory population for not more than four months of any school term (Education Code 44919)

3. Serve in a limited assignment supervising student athletic activities provided such assignments have first been made available to teachers presently employed in the district (Education Code 44919)

4. Serve in a position for a period not to exceed 20 working days in order to prevent the stoppage of district business during an emergency when persons are not immediately available for probationary classification (Education Code 44919)

5. Serve only for the first semester because the district expects a reduction in student enrollment during the second semester due to midyear graduations (Education Code 44921)

For purposes of classifying employees pursuant to item #1 or 2 above, the school year shall not be divided into more than two school terms. (Education Code 44919)

Any employee hired to provide services in a categorically funded program or project may be employed for a period less than a full school year. He/she may be classified as a temporary employee if the period of employment will end at the expiration of that program or project. (Education Code 44909)

Salary and Benefits

The Board shall adopt and make public a salary schedule setting the daily or pay period rate(s) for substitute employees for all categories or classes of certificated employees of the district. (Education Code 44977, 45030)

Temporary employees may participate in the health and welfare plans or other fringe benefits of the district.

Paid Sick Leave

Any temporary, substitute, or short-term employee not covered by a valid collective bargaining agreement that provides for: (1) the wages, hours of work, and working conditions of employees; (2) paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees; (3) final and binding arbitration of disputes concerning the application of its paid sick days provisions; (4) premium wage rates for all overtime hours worked; and (5) a regular hourly rate of pay of not less than 30 percent more that the state minimum wage rate, shall be credited with 24 hours of paid sick leave for that year. Employees shall receive the full amount of sick leave at the start of each fiscal year. Any unused sick leave shall not carry over to the following year of employment. Pay for sick leave used under this section shall be the same as the pay the employee would have received had the employee served during the day. (Labor Code 245.5, 246)

To the extent that an employee subject to this policy is also subject to a separate policy or regulation, legal standard, and/or contract that provides greater sick leave rights than set forth in this policy, those greater rights shall apply over those in this policy.

A temporary, substitute, or short-term employee not covered by a valid collective bargaining agreement, as discussed above, may use accrued sick leave for absences for the following purposes: (Labor Code 246.5)

1. The diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or his/her family member as defined in Labor Code 245.5.

2. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code sections 230(c) and 230.1(a).

An employee is not required to find a substitute to replace her/him during her/his sick leave. However, if the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification so that the district can secure a substitute in a timely manner. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable.

An employee may determine how much paid sick leave he or she needs to use, provided that he or she may not take sick leave in an increment less than two hours. If an assignment is scheduled for less than two hours, an employee may utilize paid sick leave for the entire assignment.

The district may, for legitimate business reasons, require an employee to present documentation or other information verifying the reasons for requesting sick leave. If the district concludes that the absence is not based on the purposes for sick leave set forth in this policy, the district may refuse to grant such leave.

No employee shall be denied the right to use accrued sick days and the district shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against any employee for using or attempting to use sick leave, filing a complaint with the Labor Commissioner, alleging district violation of Labor Code 245-249, cooperating in an investigation or prosecution of an alleged violation of Labor Code sections 245-249, or opposing any policy or practice or act that is prohibited by Labor Code sections 245-249.

The Superintendent or designee shall display at a conspicuous location a poster containing required information, provide notice to eligible employees of their sick leave rights, keep of records of employees' use of sick leave for three years, and comply with other requirements specified in Labor Code 245-249.

Release from Employment/Dismissal

The Board may dismiss a substitute employee at any time at its discretion. (Education Code 44953)

The Board may release a temporary employee at its discretion if the employee has served less than 75 percent of the number of days the regular schools of the district are maintained. After serving 75 percent of the number of days that district schools are maintained during one school year, a temporary employee may be released as long as he/she is notified, before the last day of June, of the district's decision not to reelect him/her for the following school year. (Education Code 37200, 44954)

(cf. 4112.2 - Certification)

(cf. 4113 - Assignment)

(cf. 4117.14/4317.14 - Postretirement Employment)

(cf. 4117.3 - Personnel Reduction)

(cf. 4127/4227/4327 - Temporary Athletic Team Coaches)

(cf. 4140/4240/4340 - Bargaining Units)

(cf. 4154/4254/4354 - Health and Welfare Benefits)

(cf. 4112.9/4212.9/4312.9 - Employee Notifications)

(cf. 4116 - Probationary/Permanent Status)

Legal Reference:

EDUCATION CODE

22455.5 Provision of retirement plan information to potential members

22515 Irrevocable election to join retirement plan

37200 School calendar

44252.5 State basic skills assessment required for certificated personnel

44300 Emergency teaching or specialist permits

44830 Employment of certificated persons; requirements of proficiency in basic skills

44839.5 Employment of retirant

44845 Date of employment

44846 Criteria for reemployment preferences

44909 Employees providing services through categorically funded programs

44914 Substitute and probationary employment computation for classification as permanent employee

44915 Classification of probationary employees

44916 Time of classification; statement of employment status

44917 Classification of substitute employees

44918 Substitute or temporary employee deemed probationary employee; reemployment rights

44919 Classification of temporary employees

44920 Employment of certain temporary employees; classifications

44921 Employment of temporary employees; reemployment rights (unified and high school districts)

44953 Dismissal of substitute employees

44954 Release of temporary employees

44955 Layoff of permanent and probationary employees

44956 Rights of laid-off permanent employees to substitute positions

44957 Rights of laid-off probationary employees to substitute positions

44977 Salary schedule for substitute employees

45030 Substitutes

45041 Computation of salary

45042 Alternative method of computation for less than one school year

45043 Compensation for employment beginning in the second semester

56060-56063 Substitute teachers in special education

GOVERNMENT CODE

3540.1 Educational Employment Relations Act, definitions

CODE OF REGULATIONS, TITLE 5

5502 Filing of notice of physical examination for employment of retired person

BOARD POLICY NO. 4121 - Page 5

5503 Physical examination for employment of retired persons

5590 Temporary athletic team coach

80025-80025.5 Emergency substitute teaching permits

COURT DECISIONS

McIntyre v. Sonoma Valley Unified School District (2012) 206 Cal.App.4th 170

McIntyre v. Sonoma Valley Unified School District (2012) 206 Cal.App.4th 170

Stockton Teachers Association CTA/NEA v. Stockton Unified School District (2012) 204 Cal.App.4th 446

Neily v. Manhattan Beach Unified School District, (2011) 192 Cal.App.4th 187

California Teachers Association v. Vallejo City Unified School District, (2007) 149 Cal.App.4th 135

Bakersfield Elementary Teachers Assn. v. Bakersfield City School District, (2006) 145 Cal.App.4th 1260, 1277

Kavanaugh v. West Sonoma Union High School District, (2003) 29 Cal.4th 911

Management Resources:

WEB SITES

CSBA: http://www.csba.org

Commission on Teacher Credentialing: http://www.ctc.ca.gov

Policy VISTA UNIFIED SCHOOL DISTRICT

adopted: February 21, 2013 Vista, California

revised: August 27, 2015