"Hours" Worked Cannot Be Converted To "Days" In Order To Earn Permanent Employee Status

In Cox v. Los Angeles Unified School District (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., July 23, 2013), a California court of appeal considered whether a school district employee could apply hours of credit she claimed to have worked during a maternity leave as "days" for the purpose of satisfying the number of days needed to satisfy the Education Code 44908 “complete school year” threshold requirement for earning permanent employee status.  The appellate court held that the Code's specific reference to "number of days worked" plainly required probationary certificated employees to work the number of actual days, and that extra hours an employee may have worked while on leave of absence or partial days worked cannot be considered the equivalent to days for that purpose. 

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