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HomeEducation CodeDiv. 7Pt. 51Ch. 4Art. 3§ 88098 Employee Reassignment For Illness

§ 88098 Employee Reassignment For Illness

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 88098 Employee Reassignment For Illness

Key Takeaways

  • •If an employee gets sick or hurt and can't do their usual job, their boss can give them a different job they can handle.
  • •The new job must be checked by the personnel commission to see what kind of job it is.
  • •The employee won't get paid more unless the new job is a higher-level job and they pass a test for it.
  • •If the new job pays less, the employee will get the lower pay.

Example

A school janitor hurts his back and can't lift heavy things anymore.

The school can give him a lighter job, like monitoring the playground. If the new job is easier and pays less, he'll get the lower pay. If it's a better job and he passes a test, he might get paid more.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 88098 Employee Reassignment For Illness

A regular employee who is determined by the governing board to be incapable of performing the duties of his or her class because of illness or injury may, at the discretion of the governing board, be assigned duties that he or she is capable of performing. The position to which the employee is assigned shall be subject to classification by the personnel commission, but the employee shall receive no increase in wage or salary because of his or her assignment to the position unless he or she is appointed from an eligibility list resulting from a competitive examination in the event that the position is classified and allocated to a higher wage or salary than that previously attained by the employee, he or she may be assigned to the position without competitive examination, but shall continue to receive the wage or salary of his or her former classification. If the position is classified and allocated to a lower wage or salary than that attained by the employee, he or she shall be paid the wage or salary appropriate to the position. (Amended by Stats. 1995, Ch. 758, Sec. 215. Effective January 1, 1996.)

Last verified: January 23, 2026

Key Terms

positionemployerwageinjurysalarycommissionemployeeclassification

Related Statutes

  • § 88104.5 Classified Employee Reclassification Notice
  • § 88126 Employee Reinstatement And Compensation
  • § 44854 Teacher Exchange Position Rights
  • § 44977 Teacher Illness Leave Pay
  • § 54444.5 Employee Benefits During Reorganization

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 88098.
View Official Source