Article 2 - Employees

California Education Code — §§ 92611-92612.3

Sections (8)

Enacted by Stats. 1976, Ch. 1010.

The minimum and maximum salary limits for laborers, workmen, and mechanics employed on an hourly or per diem basis need not be uniform throughout the state, but the regents shall ascertain, as to each such position, the general prevailing rate of such wages in the various localities of the state.

In fixing such minimum and maximum salary limits within the various localities of the state, the regents shall take into account the prevailing rates of wages in the localities in which the employee is to work and other relevant factors, and shall not fix the minimum salary limits below the general prevailing rate so ascertained for the various localities.

§ 92611.5

Amended by Stats. 2019, Ch. 316, Sec. 2. (AB 1223) Effective January 1, 2020.

(a)If the Regents of the University of California adopt the provisions of this section, by appropriate resolution, and subject to subdivision (c), the regents shall grant to an employee, who has exhausted all available sick leave, the following leaves of absence with pay:

(1)A leave of absence, not exceeding 30 days in a one-year period, to an employee who is an organ donor, for the purpose of donating the employee’s organ to another person.

(2)A leave of absence, not exceeding five days in a one-year period, to an employee who is a bone marrow donor, for the purpose of donating the employee’s bone marrow to another person.

(b)If the Regents of the University of California adopt the provisions of this section, by appropriate resolution, and subject to subdivision (c), the regents shall grant an additional unpaid leave of absence, not exceeding 30 business days in a one-year period, to an employee who has exhausted all available sick leave and is an organ donor, for the purpose of donating the employee’s organ to another person.

(c)To receive a leave of absence pursuant to subdivision (a) or (b), an employee shall provide written verification to the regents that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow.

(d)Any period of time during which an employee is required to be absent from the employee’s position by reason of being an organ or bone marrow donor

is not a break in the employee’s continuous service for the purpose of the employee’s right to salary adjustments, sick leave, vacation, annual leave, or seniority.

(e)If an employee is unable to return to work beyond the time or period that the employee is granted leave pursuant to this section, the employee shall be paid any vacation balance, annual leave balance, or accumulated compensable overtime. The payment shall be computed by projecting the accumulated time on a calendar basis as though the employee was taking time off. If, during the period of projection, the employee is able to return to work, the employee shall be returned to the employee’s former position.

(f)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government

Code, the memorandum of understanding shall be controlling without further legislative action, except that, if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

§ 92611.7

Amended by Stats. 2015, Ch. 303, Sec. 138. (AB 731) Effective January 1, 2016.

(a)The regents are urged to offer, on at least a semiannual basis, to each of the university’s filers, an orientation course on the relevant ethics statutes and regulations that govern the official conduct of university officials.

(b)As used in this section, “filer” means each member, officer, or designated employee of the University of California, including a regent, who, because of his or her affiliation with the university or any subdivision or campus thereof, is required to file a statement of economic interests in accordance with Chapter 7 (commencing with Section 87100) of Title 9 of the Government Code.

(c)The regents shall maintain records indicating the specific attendees, each attendee’s job title, and dates of their attendance for each orientation course offered pursuant to this section. These records shall be maintained for a period of at least five years after each course is offered. These records shall be public records subject to inspection and copying in accordance with Section 81008 of the Government Code and any other public records disclosure laws that are applicable to the university.

(d)Except as provided in subdivision (e), each filer shall attend the orientation course established pursuant to subdivision (a) in accordance with both of the following:

(1)For a person who, as of January 1, 2005, is a filer, as defined in subdivision (b), not later than December 31, 2005, and thereafter, at least once during each consecutive period of two calendar

years commencing on January 1, 2007.

(2)For a person who becomes a filer, as defined in subdivision (b), after January 1, 2005, within six months after he or she becomes a filer, and at least once during each consecutive period of two calendar years commencing on January 1 of the first odd-numbered year thereafter.

(e)The requirements of subdivision (d) do not apply to a filer, as defined in subdivision (b), who has taken an ethics orientation course through another state agency or the Legislature within the periods set forth in paragraphs (1) and (2) of subdivision (d) if, in the determination of the regents, that course covered substantially the same material as the course the university would offer to the filer pursuant to this section.

§ 92611.9

Added by Stats. 2009, Ch. 386, Sec. 19. (AB 1182) Effective January 1, 2010.

It is the intent of the Legislature that the University of California carefully monitor the use and effects of the contracting of services at newly developed facilities. In order to assist in an improved understanding of such impacts, the university is requested to report annually to the fiscal committees of the Legislature, on or before January 15 of each year, the extent to which it has chosen to contract for services, the rationale for those decisions, the cost implications of those decisions, the impact on hiring, and the extent to which the hiring and contracting practices are at variance with the practices at existing facilities.

§ 92612

Amended by Stats. 1993, Ch. 8, Sec. 47. Effective April 15, 1993.

(a)Every individual shall have the right of access to all personal information, as defined in subdivision (a) of Section 1798.3 of the Civil Code, contained in any employee record that is maintained by the University of California that pertains to the individual.

(b)If information relating to the employment, advancement, renewal of appointment, or promotion of any individual in an academic senate position is received with the promise or understanding that the identity of the source of the information would be held in confidence, the university shall provide a copy of the text of that information to the individual to whom the information pertains with only the deletion of the name and affiliation, if any, of the source. “Information,” as used in this subdivision, shall be limited to letters of recommendation, and reports of faculty review committees compiled for the purpose of determining the qualifications of members of the academic senate for employment, advancement, renewal of appointment, or promotion.

(c)Subdivisions (a) and (b) shall not apply to any personal information, as defined in subdivision (a) of Section 1798.3 of the Civil Code, received prior to January 1, 1979, with the promise or understanding that the identity of the source of the personal information would be held in confidence.

(d)Subdivisions (b) and (c) shall not be applicable to the University of California unless adopted by the regents.

§ 92612.1

Amended (as added by Stats. 2023, Ch. 415, Sec. 3) by Stats. 2024, Ch. 673, Sec. 6. (AB 810) Effective January 1, 2025.

(a)The regents are requested, as part of the hiring process for an applicant applying for an academic, athletic, or administrative position with the University of California, to do both of the following:

(1)Require

an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed misconduct, including sexual harassment.

(2)Permit applicants to disclose if they have filed an appeal with the previous

employer, administrative agency, or court, if applicable.

(b)The University of California is requested to not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in paragraph (1) of subdivision (a), including any inquiry about an applicable decision on any employment application, until the University of California has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position.

(c)For purposes of this section, the following definitions shall apply:

(1)“Final administrative decision” means the written determination of

whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and a hearing, if a hearing is either required pursuant to Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) or federal regulations implementing those provisions, or is required by the public postsecondary educational institution’s written policy on sex discrimination, including sexual harassment, and related grievance processes. If a party has filed a timely grievance or appeal, “final administrative decision” means after the grievance or appeal decision has been issued.

(2)“Final judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court.

(3)“Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by

the employer.

(4)“Sexual harassment” has the same meaning as described in subdivision (a) of Section 66262.5 or, if applicable, as defined by the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).

§ 92612.2

Added by Stats. 2024, Ch. 673, Sec. 7. (AB 810) Effective January 1, 2025.

(a)The regents are requested, as part of the hiring process for an applicant applying for a position with the University of California, to do both of the following:

(1)Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the campus of the University of California concerning any substantiated allegations of misconduct in order to permit the campus to evaluate the released information with respect to the criteria for a potential job placement.

(2)If an applicant reaches the final stages of the application process for the

intended position, require campuses of the University of California to use the release form signed pursuant to paragraph (1) to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct.

(b)It is the intent of the Legislature that the regents apply all provisions of this section to all persons who apply for an academic or athletic position with the University of California.

(c)For purposes of this section, the following definitions shall apply:

(1)“Applicant” means a person who submits an employment application for an intended tenure-track faculty position, tenured faculty position, athletic head coach position, athletic assistant coach position, athletic trainer position, or supervising athletic trainer position, but does not include a

person who is a current employee and is hired or rehired for a different position with the same campus.

(2)“Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer.

(3)“Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence.

§ 92612.3

Added by Stats. 2025, Ch. 113, Sec. 27. (SB 160) Effective September 17, 2025.

(a)The University of California may require background checks, to be completed by the Department of Justice pursuant to subdivision (b), during the final stages of the recruitment process for a prospective staff employee, contractor, or volunteer.

(b)(1) The University of California shall submit to the Department of Justice fingerprint images of a prospective staff employee, contractor, or volunteer, that the University of California obtains pursuant to subdivision (a), and related information required by the Department of Justice, for purposes of a state- and federal-level criminal history background check in accordance with subdivision (u) of Section 11105 of the Penal Code.

(2)The Department of Justice shall provide a state or federal response, or both if applicable, to the University of California pursuant to subdivision (p) of Section 11105 of the Penal Code.

(c)This section does not authorize hiring practices that are inconsistent with the requirements of Section 12952 of the Government Code.