Section 88202 Of Article 6. Resignations And Leaves Of Absence From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 6.
88202
. Any classified employee of a community college district,
school district, or county superintendent of schools who has been
employed for a period of one calendar year or more whose employment
is terminated for reasons other than action initiated by the employer
for cause and who subsequently accepts employment with a community
college district or county superintendent of schools within one year
of the termination of his or her former employment, shall have
transferred with him or her to the employing community college
district or county superintendent of schools the total amount of
earned leave of absence for illness or injury to which he or she is
entitled under Section 45191 or 88191. This transfer shall be in the
same manner as is provided for academic employees.
In any case where an employee was terminated as a result of action
initiated by the employer for cause, the transfer may be made if
agreed to by the governing board of the community college district or
the county superintendent of schools newly employing the employee.
All or any part of the previous service, not separated by a break
in service greater than one year as of the last day of paid service,
may, if agreed to by the employing entity, be construed to have been
served in the employing community college district or county
superintendent of schools of employment for seniority purposes,
except that the previous service may not be counted, for seniority
purposes, when position or personnel reduction is ordered, for any
reason, by the board.
No governing board of a community college district shall adopt any
policy or rule, written or unwritten, that requires all classified
employees, or any individual classification, or group of
classifications of employees transferring to its district to waive
any part or all benefits which they may be entitled to have
transferred in accordance with this section.
This section shall apply to community college districts that have
adopted the merit system in the same manner and effect as if it were
a part of Article 3 (commencing with Section 88060) of this chapter.