Section 45102 Of Article 1. Employment From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 5. >> Article 1.
45102
. (a) For the purposes of this section every classified
employee shall be deemed to be employed for 12 months during each
school year regardless of the number of months in which he or she is
normally in paid status.
(b) If, during a school year, it is necessary to assign a regular
classified employee to perform an assignment or service in addition
to his or her regular assignment, a school district shall pay the
classified employee on a pro rata basis for the additional assignment
or service, not less than the compensation and benefits that are
applicable to the classification of the additional assignment or
service during the school year, unless the school district has
negotiated a contract that allows for a lesser pay scale. A school
district shall inform a classified employee of the compensation and
benefits of the additional assignment or service before the employee
commences the additional assignment or service.
(c) A school district that, in any school year, maintains school
sessions at times other than during the regular September-June
academic year shall assign for service during those times regular
classified employees of the district.
(d) If it is necessary to assign classified employees not
regularly so assigned to serve between the end of one academic year
and the commencement of another, that assignment shall be made on the
basis of qualifications for employment in each classification of
service that is required.
(1) A school district may not require a classified employee whose
regular yearly assignment for service excludes all, or any part of,
the period between the end of the academic year in June to the
beginning of the next academic year in September to perform services
during that period.
(2) A classified employee shall, for services performed as
provided in this subdivision, receive, on a pro rata basis, not less
than the compensation and benefits that are applicable to the
classification of the additional assignment or service during the
regular academic year.
(e) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 6 (commencing with Section 45240).