Section 88127 Of Article 3. Merit System From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 3.
88127
. Classified employees shall be subject to layoff for lack of
work or lack of funds. Whenever 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.
For purposes of this section, 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 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 88027. Nothing in this section shall preclude the governing
board of a community college district from entering into an agreement
with the exclusive representative of the classified employees that
defines "length of service" to mean the hire date.
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 in this section shall preclude the granting of "length of
service" credit for time spent on unpaid illness leave, or unpaid
industrial accident leave. In addition, for military leave of
absence, "length of service" credit shall be granted pursuant to
Section 88116.
"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.