Section 45117 Of Article 1. Employment From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 5. >> Article 1.
45117
. (a) When, as a result of the expiration of a specially
funded program, classified positions must be eliminated at the end of
any school year, and classified employees will be subject to layoff
for lack of funds, the employees to be laid off at the end of the
school year shall be given written notice on or before April 29
informing them of their layoff effective at the end of the school
year and of their displacement rights, if any, and reemployment
rights. However, if the termination date of any specially funded
program is other than June 30, the notice shall be given not less
than 60 days prior to the effective date of their layoff.
(b) When, as a result of a bona fide reduction or elimination of
the service being performed by any department, classified employees
shall be subject to layoff for lack of work, affected employees shall
be given notice of layoff not less than 60 days prior to the
effective date of layoff, and informed of their displacement rights,
if any, and reemployment rights.
(c) (1) A classified employee may not be laid off if a short-term
employee is retained to render a service that the classified employee
is qualified to render. This subdivision does not create a 60-day
layoff notice requirement for any individual hired as a short-term
employee, as defined in Section 45103, for a period not exceeding 60
days.
(2) This subdivision does not apply to the retention of a
short-term employee, as defined in Section 45103, who is hired for a
period not exceeding 60 days after which the short-term service may
not be extended or renewed.
(d) This section does not preclude the governing board of a school
district from implementing either of the following actions without
providing the notice required by subdivision (a) or (b):
(1) A layoff for a lack of funds in the event of an actual and
existing financial inability to pay the salaries of classified
employees.
(2) A layoff for a lack of work resulting from causes not
foreseeable or preventable by the governing board.
(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).