Section 87700 Of Article 5. Miscellaneous From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 3. >> Article 5.
87700
. Every person employed by a community college district as a
contract or regular employee in an academic position who enters the
active military service of the United States of America or of the
State of California, including active service in any uniformed
auxiliary of, or to, any branch of such military service, created or
authorized as such auxiliary by the Congress of the United States of
America or by the Legislature of the State of California, or in the
service of the United States Merchant Marine, or in full-time paid
service of the American Red Cross, during any period of national
emergency declared by the President of the United States of America
or during any war in which the United States of America is engaged,
shall be entitled to absent himself or herself from his or her duties
as an employee of the district.
Such absence shall not affect in any way the classification of the
employee. In the case of a contract employee, the period of the
absence shall not count as part of the service required as a
condition precedent to the classification of the employee as a
regular employee of the district, but such absence shall not be
construed as a break in the continuity of the service of the employee
for any purpose.
The dismissal or termination of any contract employee because of
reduced attendance due to war conditions, after his or her entry into
the active military service or service in the American Red Cross,
shall not deprive him or her of any of the benefits of this section.
Within six months after the employee honorably leaves the service
or has been placed on inactive duty he or she shall, subject to the
provisions of this section, be entitled to return to the position
held by him or her at the time of his or her entrance into the
service, at the salary to which he or she would have been entitled
had he or she not absented himself or herself from the service of the
district under this section.
If the employee was employed under a lawful contract for a period
in excess of one year in a position in which he or she had not become
a regular employee of the district, he or she shall be entitled to
return to the position for the period his or her contract of
employment had to run at the time he or she entered the service.
Notwithstanding any provision of this code to the contrary, a person
employed to take the place of any such employee shall not have any
right to the position following the return of the employee to the
position.