School districts' part-time playground positions will join the classified service when Assembly Bill (AB) 670 becomes effective on January 1, 2018.
Under the new law, part-time playground positions, including noon-duty aides, yard aides, noon-time assistants, and playground aides, will no longer be exempt from the classified service. The law will only apply to school districts that have not incorporated a merit system.
AB 670 provides employees in part-time playground positions the following rights:
- Status: Playground employees will no longer be considered "at-will," but instead will have a probationary employment period and gain permanency like other classified employees.
- Termination: These employees are now entitled to due process in termination proceedings consistent with the Education Code and school district policy.
- Seniority: Employers will need to determine the date to be considered the first day in probationary status and to properly establish seniority dates for these employees.
- Layoff and Reemployment Rights: Employees will be entitled to all statutory rights related to layoff and reemployment.
- Leave Rights: Employees are entitled to all rights of classified service as provided by law including leaves, vacation pay and holidays.
The inclusion of part-time playground positions in classified service does not automatically result in these positions becoming part of a classified bargaining unit. A union may need to seek a unit modification to include these positions with the bargaining unit depending on the existing language of the school district's classified collective bargaining agreement. The unit modification process will provide school district employers with the opportunity to negotiate the conditions of employment for these positions. School districts should review the language of their collective bargaining agreements to determine the status of part-time playground positions in the bargaining unit.
School districts should analyze the impact of these changes on health benefits and the applicable rights to these benefits by law and any applicable collective bargaining agreement. Districts should also examine what additional rights employees will be entitled to under the collective bargaining agreement to anticipate whether there are any items to be negotiated specific to these positions.
For more information on AB 670 or its impacts on classified service, please contact the authors of this Client News Brief or an attorney at one of our eight offices
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