The following questions were answered by CSEA staff experts. If you don’t see the answer to your question or you need further assistance, contact your CSEA job steward or labor relations representative.
Question: I am a 5-year, 3.5-hour paraeducator and my position is being eliminated. How is seniority calculated?
Answer: According to the California Education Code "seniority" can be calculated two ways. The Code defines seniority for layoffs to be determined by length of service. Length of service is calculated as all hours in a paid status within class. The employee with the shortest length of service within a class plus higher classes will be laid off first. The Code also makes allowance for the exclusive representative (CSEA) to negotiate with your employer "seniority" by date of hire (within classification).
If length of service (seniority) is calculated by all hours in a paid status, a 3 year, 6-hour paraeducator would most likely accumulate more hours in a paid status than a 5 year, 3.5 hour paraeducator. All hours in a paid status include summer school, vacation, paid sick leave, etc.
If CSEA has negotiated length of service to mean date of hire (within classification), then the most recently hired employee within the classification would be subject to layoff.
I recommend you refer to your contract and/or consult with your Labor Relations Representative, Chapter President, or Union Steward in regards to the layoff procedure. Not all contracts have a Layoff article.
References: California Education Code (specifically) 45308; Cal.Ed.Codes regarding Layoff & Reduction of Hours 45101, 45114, 45117, 45298; Educational Employment Relations Act; collective bargaining agreement.
Question: I have heard rumors that my department supervisor is recommending cuts in personnel. Can they just tell us one day that we have been laid off?
Answer: No. All classified employees, even probationary employees must receive at least a 60 day advanced notice of a proposed layoff. The notice must inform you of your bumping rights, if any and return rights. For more specific information about your layoff rights, read your contract or contact your Job Steward, Chapter President or Labor Relations Representative.
References: Education Code Sections 45117, 88017, Tucker v. Grossmont Union High School District (2008) 168 CalApp.4th 640
Pay upon Termination
Question: I was laid off as of the 15th of the month. The district payroll supervisor is telling me I must wait until the end of the month to get my check! I thought my check had to be issued within 72 hours of my lay off?
Answer: Sections 200 & 202 of the Labor Code require the payment of wages within 72 hours of an employee's termination or quitting. These sections do not apply to classified employees.
Education Code Section 45166 and 88165 (Community College) require that classified employees shall be paid… "On the last working day of the pay period or the month in which the employee was in paid status." This language would allow the district to wait until the regular payday to issue a final check. For more specific information about your pay, read your contract or contact your Union Steward, Chapter President or Labor Relations Representative.
Reference: Labor Code Section 220; Education Code Sections 45166, 88165