In 2018, the California School Employees Association (CSEA) sponsored Assembly Bill 2160, authored by the current Superintendent of Public Instruction – Tony Thurmond. AB 2160 brought Playground Aides, or “Noon-Duty Aides”, into the classified service. This includes employees of the Beyond the Bell program. Before Playground Aides were “at will” employees, meaning they could be fired whenever and for whatever reason.
For over a year, LAUSD dragged their feet and did not want to include after school workers from Beyond the Bell into the classified services. But, we came together, demanded our rights and won! LAUSD send a letter to Beyond the Bell workers this month confirming their rights as classified emplyoees. We are currently in contract negotiations with LAUSD. You can get involved and help win more for after school workers during negotiations!
If you are not a dues paying member of SEIU Local 99 you can also sign-up for membership now.
AB 2160 will strengthen the relationships Playground Aides can have with our schools, communities, and students. With classified status Playground Aides gain strong protections and the same rights all classified employees enjoy. Here are some answers to frequently asked questions.
Frequently Asked Questions
Classified employees gain “just cause” protections and are no longer “at will employees”. You will now accrue illness, vacation, certain paid holidays, and the right to other types of leave (like military time), just like other classified employees.
On January 1, 2019, many aides will become a permanent employee. There is no “probationary” period for you because you have been grandfathered into permanent status. Additionally you will begin gaining seniority in case of layoffs and right to due process for disciplinary reasons. However, employees hired after January 1, 2019, will be required to pass an employment assessment test prior to becoming permanent.
If you worked on a regular basis prior to January 1, 2019, your new Classified status will be permanent (R1), retroactive to January 1, 2019. If not, your new Classified state will reflect as restricted (W1). Once a year, restricted employees will have an opportunity to become permanent through a promotability assessment.
“Restricted” means you obtain certain rights such as vacation, sick leave, certain paid holidays, and rights to other kinds of leave. The biggest difference is that you will not gain senority until you are a permanent employee. Once a year, restricted employees will have an opportunity to become permanent through a promotability assessment. If you worked on a regular basis prior to January 1, 2019, your new Classified status will be permanent (R1), retroactive to January 1, 2019. If not, your new Classified state will reflect as restricted (W1).
Permanent employees – will gain seniority. Those Youth Services employees with active assignments as of December 31, 2019, who met the hour thresholds, will become permanent retroactive to Jan. 1, 2019 and you will start accruing your seniority as of that date.
Restricted employees – will not gain seniority.
Seniority is determined by the date of hire in the classification. When your position is converted to classified, permanent status on January 1, 2019, this will be your seniority date.
If a reduction in force (RIF) becomes necessary, employees with the least amount of seniority will be laid off first. If two or more employees have the same seniority date, there are “tie-breakers” that will be utilized. Restricted employees do not have senority rights.
There is no change your eligibility for health benefits. Refer to your collective bargaining agreement for additional informational about health benefits.
The new laws do not mean there will be a change in hours.
You are legally entitled to a minimum of three sick days a year. A day of illness is based on the number of assigned hours per day. Additional sick days may be earned based on the number of hours worked, at a rate of .05 per hour.
For all employees employed for fewer than 35 hours a week, the vacation credit shall be computed at a rate of .03846 for each hour in paid status. This does not include overtime. You can request vacation or take a leave of absence by submitting the proper vaction request or leave document.
Classified employees receive holiday pay for holidays as recognized by the Board, provided the employee is in paid status on the day preceding or after the holiday. Therefore, not all holidays will apply to employees not assigned year round.