BILL NUMBER: AB 1269	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 18, 2011

   An act to amend Section 45308 of the Education Code, relating to
classified employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1269, as introduced, Portantino. Classified employees: layoff:
reemployment.
   Existing law requires that when classified employees are subject
to layoff for lack of work or lack of funds, the order of layoff
within the class be determined by length of service, providing that
the employee who has been employed the shortest time in the class,
plus higher classes, be laid off first. Existing law requires that
reemployment be in the reverse order of layoff.
   This bill would delete the provisions requiring that reemployment
be in the reverse order of layoff, and instead require that
reemployment be in order of seniority.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 45308 of the Education Code is amended to read:

   45308.   (a)    Classified employees shall be
subject to layoff for lack of work or lack of funds. 
Whenever   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  the reverse order of layoff  order
of seniority  . 
   For 
    (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. 
   Nothing 
    (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. 
   "Hours 
    (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.