BILL NUMBER: AB 1269	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 1, 2011
	PASSED THE ASSEMBLY  MAY 23, 2011

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, Portantino. Classified school 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.


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. 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 order of seniority.
    (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.
   (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.
   (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.