Today's Law As Amended


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AB-3237 Classified school employees: part-time assignments.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 45137 of the Education Code is amended to read:

45137.
 A (a)  If a  classified employee who  works a minimum of 30 minutes per day in excess of his  the employee’s  part-time assignment for a period of 20 consecutive  working days or more, shall have his basic assignment  more in a school year, the employee’s basic assignment shall be  changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis as specified in Section 45136.
(b)  If a part-time employee’s average paid time, excluding overtime for which the employee receives compensation at a rate at least equal to time and one-half, exceeds his  the employee’s  average assigned time by 50 minutes or more per working day in any quarter, the hours paid per day for compensable leaves of absence and holidays in the succeeding quarter shall be equivalent to the average hours paid per working day in the preceding quarter, excluding overtime.
(c)  Except where vacation entitlement is accrued on the basis of actual hours of paid regular service, vacation entitlement shall be based on the average number of hours worked per working day during the portion of the school year in which the employee is assigned to duty.
(d)  It is the intent of the Legislature, in enacting this section, to insure ensure  that part-time employees are accorded fringe benefits on an appropriate prorated basis with full recognition given to the number of hours worked by the part-time employee rather than on the basis of time fixed to the position when the fixed time is not reasonably correlated with the actual time worked. This section is to  shall  be liberally construed in order that the provisions of  so that  Section 45136 may is  not be  circumvented by requiring employees to work in excess of the their  regularly fixed hours for a position on an overtime basis but for which neither  premium pay is not  provided nor is an  appropriate adjustment is not  made in fringe benefit entitlement.