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Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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School district changes contract so that part time employees

Resolved Question:

School district changes contract so that part time employees must work 32 hours per week before any benefits are paid. District insisting that 45136 does not include these part time employees because benefits are negotiated - in order words "statutory benefits - "refers to statutory benefits only. Health benefits are negioted.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What question do you have regarding your situation?
Customer: replied 4 years ago.
Is their premise correct - they do not have to give fringe benefits under Ed Code 45136 to part time employees because they do not work at least 32 hours per week. Ed code 45137 seems to refer to fringe benefits after working over 20 hours. Are health benefits a statutory benefit, which means they do not have to give these to part time employees unless they work at least 32 hours?
Expert:  Joseph replied 4 years ago.
Yes, unfortunately, they wouldn't have to give 'fringe' benefits to part-time employees, however, they are obligated to give part-time employees the same benefits that are conferred on regular full-time employees, at least on a prorated basis, as stated in California Education Code Section 45136:

"Part-time employees shall be entitled to all leaves and benefits granted by the governing board to a majority of the regular full-time employees in the classified service of the district or to regular full-time employees in the same classified positions or general class of positions."

Education Code 45137 refers to additional benefits being conferred on part-time employees who work 30 minutes in excess of their usual
hours for 20 consecutive days
. It doesn't reference fringe benefits being guaranteed after an employee works 20 hours.
Customer: replied 4 years ago.
That does not answer my question - they give benefits (social security, insurance, dental insurance, health care benefits to all teachers no matter how many hours they work. Part time classified employees hired by for 2009 receive the same benefits (including health care and dental insurance) prorated to hours worked. Classified contract was changed to NOT give health care and dental benefits to part time employees unless they work at least 32 hours. You are telling me two things - I want to know if paragraph two means what it says - they have to give ALL benefits received by other employee, but prorated. The District is insisting they do not have to follow this ed code because, "this ed code refers to statutory benefits only which they insist is social security, etc.. Health benefits are negotiated." Question - do they have to pay benefits under Ed code?
Expert:  Joseph replied 4 years ago.
No, this doesn't only refer to statutory benefits.

Yes, they do have to provide benefits under Education Code Section 45136.

It refers to all leaves and benefits that are given to full-time employees, which must be given to part-time employees as well, including health care and dental benefits.

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