2005 California Education Code Sections 87031-87045 Article 2. Rights and Duties

87031.  (a) Every employee has the right to inspect personnel
records pursuant to Section 1198.5 of the Labor Code.
   (b) In addition to subdivision (a), all of the following shall
apply to an employee of a school district:
   (1) Information of a derogatory nature shall not be entered into
an employee's personnel records unless and until the employee is
given notice and an opportunity to review and comment on that
information.  The employee shall have the right to enter, and have
attached to any derogatory statement, his or her own comments.  The
review shall take place during normal business hours and the employee
shall be released from duty for this purpose without salary
reduction.
   (2) The employee shall not have the right to inspect personnel
records at a time when the employee is actually required to render
services to the district.
   (3) Nothing in this section shall entitle an employee to review
ratings, reports, or records that (A) were obtained prior to the
employment of the person involved, (B) were prepared by identifiable
examination committee members, or (C) were obtained in connection
with a promotional examination.
87032.  The governing board of a community college district shall
provide for the payment of the actual and necessary expenses,
including traveling expenses, of any employee of the district
incurred in the course of performing services for the district,
whether within or outside the district, under the direction of the
governing board.  The board may authorize an advance of funds to
cover such necessary expense.  Such advance shall be repaid or
adjusted upon filing of a regular claim for the actual and necessary
expenses incurred.  The governing board may direct any employee of
the district to attend any convention or conference or to visit
schools for the discussion or observation of any school matter
appertaining to the duties of the employee or any question of
interest to the district.
87035.  (a) The governing board of a community college district may
grant leaves of absence to employees to appear as a witness in court
other than as a litigant or to respond to an official order from
another governmental jurisdiction for reasons not brought about
through the connivance or misconduct of the employee.
   (b) The governing board of a community college district may grant
leaves of absence to employees, in academic positions regularly
called for jury duty in the manner provided for by law.
   (c) The governing board may grant such leaves of absence with pay
up to the amount of the difference between the employee's regular
earnings and any amount he or she receives for jury or witness fees.
87036.  The governing board of a community college shall grant leave
of absence to any employee serving in a classified or other
nonacademic position regularly called for jury duty in the manner
provided for by law.  The governing board shall grant such leave with
pay up to the amount of the difference between the employee's
regular earnings and any amount he or she receives as juror's fees.
   It is unlawful for the governing board or personnel commission of
any community college district to adopt or maintain any rule,
regulation, or policy which has as its purpose or effect a tendency
to encourage employees to seek exemption from jury duty, or to
directly or by indirection solicit or suggest to any employee that he
or she seek exemption from jury duty, or to discriminate against any
employee with respect to assignment, employment, promotion, or in
any other manner because of such employee's service on any jury
panel.
   Nothing in the foregoing provisions shall preclude the district
superintendent or his or her agent from discussing with the affected
employee the practicality of seeking exemption when acceptance would
tend to materially disrupt the district's operations.
87038.5.  No contract with any insurer or other employee welfare
benefit provider shall be approved or renewed if an administrative
employee of a community college district, or any employee
organization, as defined pursuant to subdivision (d) of Section
3540.1 of the Government Code, or any employee or agent thereof, has
a direct financial interest in any plan or program which is being
approved or renewed.  The provisions of this section shall not apply
to any employee welfare benefit fund jointly administered by one or
more employers and one or more employee organizations or to any
employee welfare benefit fund established by the community college
district for the purpose of self insuring.
   As used in this section, "direct financial interest" means the
receipt of or entitlement to a commission, fee, or other
remuneration, including the payment of fees for administrative
services rendered on behalf of such plans.
87039.  It shall be unlawful for any person authorized to invoke
disciplinary action against any employee of a community college
district either in his or her individual capacity or as a member of
any board, to invoke or attempt to invoke disciplinary action against
any such employee or to discriminate against such employee in the
terms, conditions, and privileges of employment solely because of the
employee's appearance before the governing board of a district, the
county  board of education, legislative committees, or any other duly
constituted governmental board, commission or council, whether such
appearance was undertaken voluntarily or otherwise.
   Violation of the provisions of this section shall be a
misdemeanor.
87040.  The governing board of each community college district when
drawing an order for the salary payment due to employees of the
district shall, without charge, reduce the order by the amount which
it has been requested in a revocable written authorization by the
employee to deduct for any or all of the following purposes:
participating in a deferred compensation program offered by the
district which provides for investments in corporate stocks, bonds,
securities, mutual funds, or annuities, except as prohibited by the
Constitution, or paying premiums on any policy or certificate of
group life insurance for the benefit of the employee or for group
disability insurance, or legal expense insurance, or any of them, for
the benefit of the employee or his dependents issued by an admitted
insurer on a form of policy or certificate approved by the Insurance
Commissioner, or paying rates, dues, fees, or other periodic charges
on any hospital service contract for the benefit of the employee, or
his dependents, issued by a nonprofit hospital service corporation on
a form approved by the Insurance Commissioner pursuant to the
provisions of Chapter 11a (commencing with Section 11491) of Part 2
of Division 2 of the Insurance Code, or paying periodic charges on
any medical and hospital service agreement or contract for the
benefit of the employee, or his dependents, issued by a nonprofit
corporation subject to Part 2 (commencing with Section 5110) of, Part
3 (commencing with Section 7110) of, or Part 11 (commencing with
Section 10810) of, Division 2 of Title 1 of the Corporations Code, or
paying periodic charges on any legal services contract for the
benefit of the employee, or his dependents issued by a nonprofit
corporation subject to Part 3 (commencing with Section 7110) of, or
Part 11 (commencing with Section 10810) of, Division 2 of Title 1 of
the Corporations Code.  The governing board of the district shall,
beginning with the month designated by the employee and each month
thereafter until authorization for the deduction is revoked, draw its
order upon the funds of the district in favor of the insurer which
has issued the policies or certificates or in favor of the nonprofit
hospital service corporation which has issued hospital service
contracts, or in favor of the nonprofit corporation which has issued
medical and hospital service or legal service agreements or
contracts, for an amount equal to the total of the respective
deductions therefor made during the month.  The governing board may
require that the employee submit his authorization for the deduction
up to one month in advance of the effective date of coverage.
   "Group insurance" as used in this section shall mean only a bona
fide group program of life or disability or life and disability
insurance where a master contract is held by the community college
district or an employee organization but it shall, nevertheless,
include annuity programs authorized by Section 403(b) of the Internal
Revenue Code when approved by the governing board.
87042.  Any school employee of a community college district who is
absent because of injury or illness which arose out of and in the
course of the person's employment, and for which the person is
receiving temporary disability benefits under the workers'
compensation laws of this state, shall not be entitled to receive
wages or salary from the district which, when added to the temporary
disability benefits, will exceed a full day's wages or salary.
   During such periods of temporary disability so long as the
employee has available for the employee's use sick leave, vacation,
compensating time off or other paid leave of absence, the district
shall require that temporary disability checks be endorsed payable to
the district. The district shall then cause the employee to receive
the person's normal wage or salary less appropriate deductions
including but not limited to employee retirement contributions.
   When sick leave, vacation, compensating time off or other
available paid leave is used in conjunction with temporary disability
benefits derived from workers' compensation, as provided in this
section, it shall be reduced only in that amount necessary to provide
a full day's wage or salary when added to the temporary disability
benefits.
87043.  Notwithstanding the provisions of Sections 87042, 87787 and
88192, a community college district may waive the requirement that
temporary disability checks be endorsed payable to the district, and
may in lieu thereof, permit the employee to retain his temporary
disability check, providing that notice be given to the district that
such check has been delivered to the employee. In such cases, the
district shall then cause the employee to receive his normal wage or
salary less appropriate deductions, including, but not limited to,
employee retirement contributions, and an amount equivalent to the
face amount of the temporary disability check, which the employee has
been permitted to retain. In all cases, employee benefits are to be
computed on the basis of the employee's regular wage or salary prior
to the deduction of any amounts for temporary disability payments.
   Nothing contained herein shall be deemed to in any way diminish
those rights and benefits which are granted to a school employee
pursuant to the provisions of Sections 87042, 87787 and 88192.
87044.  When a president or other community college official
releases a minor student of such school to a peace officer for the
purpose of removing the minor from the school premises, such school
official shall take immediate steps to notify the parent, guardian,
or responsible relative of the minor regarding the release of the
minor to such officer, and regarding the place to which the minor is
reportedly being taken.
87045.  (a) The governing board of a community college district may
establish a catastrophic leave program to permit employees of that
district to donate eligible leave credits to an employee when that
employee or a member of his or her family suffers from a catastrophic
illness or injury.
   For the purposes of this section, the following terms are defined
as follows:
   (1) "Catastrophic illness" or "injury" means an illness or injury
that is expected to incapacitate the employee for an extended period
of time, or that incapacitates a member of the employee's family
which incapacity requires the employee to take time off from work for
an extended period of time to care for that family member, and
taking extended time off work creates a financial hardship for the
employee because he or she has exhausted all of his or her sick leave
and other paid time off.
   (2) "Eligible leave credits" means vacation leave and sick leave
accrued to the donating employee.
   (b) Eligible leave credits may be donated to an employee for a
catastrophic illness or injury if all of the following requirements
are met:
   (1) The employee who is, or whose family member is, suffering from
a catastrophic illness or injury requests that eligible leave
credits be donated and provides verification of catastrophic injury
or illness as required by the governing board of the community
college district in which he or she is employed.
   (2) The governing board of the community college district
determines that the employee is unable to work due to the employee's
or his or her family member's catastrophic illness or injury.
   (3) The employee has exhausted all accrued paid leave credits.
   (c) If the transfer of eligible leave credits is approved by the
governing board of the community college district, any employee may,
upon written notice to the governing board, donate eligible leave
credits at a minimum of eight hours, and in hour increments
thereafter.
   (d) The governing board of a community college district that
provides a catastrophic leave program pursuant to this section shall
adopt rules and regulations for the administration of this section,
including, but not limited to, the following:
   (1) The maximum amount of time for which donated leave credits may
be used, but not to exceed use for a maximum period of 12
consecutive months.
   (2) The verification of catastrophic injury or illness required
pursuant to paragraph (1) of subdivision (b).
   (3) Making all transfers of eligible leave credit irrevocable.
   (e) An employee who receives paid leave pursuant to this section
shall use any leave credits that he or she continues to accrue on a
monthly basis prior to receiving paid leave pursuant to this section.
   (f) Notwithstanding the provisions of this section, the governing
board of a community college district and an exclusive bargaining
representative of employees in that district may agree to include in
any collective bargaining agreement a provision setting forth
requirements for a catastrophic leave program.