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Joseph
Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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If ed code44931 allows for a new senority date to be assigned,

Resolved Question:

If ed code44931 allows for a new senority date to be assigned, how is this determined and how does this effect salary? I am a little unclear about how restoring permanent status would go? If a person had say 11 years in the district prior to leaving and returns within 39 months, then they keep or lose those 11 years? A new senority date makes them vuneralbe to layoff again if they return lower of the totem pole and also effects salary schedule as it is determined by years of service. Can you clarify this please?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Joseph replied 9 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

If the employee returns within 39 months, he or she keeps the same seniority level that he or she left with. (The break in service is disregarded). So that person would be entitled to the same seniority date as he or she left with along with the slary that goes long with that seniority date.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

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-Joseph

Customer: replied 9 months ago.

I had read another post your wrote that says the seniority date is not restored which it what led me to inquire for further clarification. I just want to make sure. My husband left San Diego Unified in August 2013 and is signing a contract to return as a teacher this week. So his pay, seniority and permanent status will all be restored?


 


here is the link to your previous answer.


 


http://www.justanswer.com/ca-employment-law/69j8t-certificated-employee-school-district-time.html


 


is hire date different than seniority date?


 

Expert:  Joseph replied 9 months ago.
Hello Elizabeth,

Yes, his pay, seniority, and permanent status would all be restored as long as he is returning within 39 months of his departure.

They would have the same seniority as if they had never left.
Customer: replied 9 months ago.

And we reference ed code 44931 if the district gives us any hassle about it?

Expert:  Joseph replied 9 months ago.
Yes, you should reference Education Code 44931.
Joseph, Lawyer
Satisfied Customers: 4999
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 8 months ago.

So we have pursued the Ed Code 44931 with the district and our teachers union. Both has advised us that we are not understanding it correctly. They say this only kicks in when there has been an offer of permanent employment. The district is offering him a temporary contract but restored him all his years and credits in his pay for the temporary contract. We believe Ed code does not specify whether an offer is temporary or not in within the 39 months and thus that does not matter. He is being rehired as a history teacher which is the position he left 16 months ago. Is this correct? Or can the district do this to us?

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