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Transfer of earned leave to new employing district   

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Any classified employee of any school district, county superintendent of schools, or community college district 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 school 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 school 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 certificated 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 school 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 school 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 school district shall adopt any policy or rule written or unwritten which 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 school 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) of this chapter.

(Amended by Stats. 1993, Ch. 326, Sec. 1)


Education Code 45191

Education Code 45240

Education Code 88191