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District

Annual Employee Notifications

Merced Union High School District Employee Annual Notifications

The Human Resources Department of the Merced Union High School District is required by federal and state law, education code and board policy to provide employees with the following annual notifications.  This exhibit is a non-exhaustive list of notices that the law explicitly requires be provided to employees. Other notices may exist and be identified in the future.

  • When/Whom to Notify: At the beginning of school year or upon employment

    Education or Other Legal Code: Education Code 231.5, Government Code 12950

    Board Policy/Administrative Regulation #: 4119.11/4219.11/4319.11

    Subject: The district's policy on sexual harassment, legal remedies, complaints

     

    When/Whom to Notify: Annually and 72 hours before pesticide application

    Education or Other Legal Code: Education Code 17612

    Board Policy/Administrative Regulation #: AR 3514.2

    Subject: Use of pesticide products, active ingredients, Internet address to access information on pesticides - Integrated Pest Management Plan

     

    When/Whom to Notify: Annually

    Education or Other Legal Code: Education Code 49013; 5 CCR 4622

    Board Policy/Administrative Regulation #: AR 1312.3; BP 3260

    Subject: Uniform complaint procedures, appeals, civil law remedies, coordinator, complaints about student fees and local control accountability plan

     

    When/Whom to Notify: Annually

    Education or Other Legal Code: Education Code 49414

    Administrative Regulation #: AR 5141.21

    Subject: Request for volunteers to be trained to administer epinephrine auto-injectors

     

    When/Whom to Notify: At least once per school year

    Education or Other Legal Code: Education Code 49468.2

    Administrative Regulation #: AR 5141.21

    Subject: Request for volunteers to be trained to administer anti-seizure medication

     

    When/Whom to Notify: To all employees

    Education or Other Legal Code: Government Code 8355; 41 USC 8102; 34 CFR 84.205, 84.210

    Board Policy/Administrative Regulation #: BP 4020, BP 4159/4259/4359

    Subject: District's drug- and alcohol-free workplace; actions that will be taken if violated; available employee assistance programs

     

    When/Whom to Notify: Upon placement of automated external defibrillator (AED) in school, annually thereafter

    Education or Other Legal Code: Health and Safety Code 1797.196

    Administrative Regulation #: AR 5141

    Subject: Proper use of AED; location of all AEDs on campus, sudden cardiac arrest, school's emergency response plan

     

    When/Whom to Notify: If the district receives Tobacco-Use Prevention Education funds

    Education or Other Legal Code: Health and Safety Code 104420

    Board Policy/Administrative Regulation #: AR 3513.3

    Subject: District's tobacco-free schools policy and enforcement procedures

     

    When/Whom to Notify: To new employees upon hire and other employees upon request

    Education or Other Legal Code: Labor Code 230.1

    Board Policy/Administrative Regulation #: AR 4161.2/4261.2/4361.2

    Subject: Rights pursuant to Labor Code 230-230.1 pertaining to leaves and accommodations for victims of crime or abuse

     

    When/Whom to Notify: Upon hire, and upon request for parental leave

    Education or Other Legal Code: Labor Code 1034

    Board Policy/Administrative Regulation #: BP 4033

    Subject: The district's policy on lactation accommodation

     

    When/Whom to Notify: To covered employees and former employees

    Education or Other Legal Code: Labor Code 2800.2

    Board Policy/Administrative Regulation #: AR 4154/4254/4354

    Subject: Availability of COBRA/Cal-COBRA continuation and conversion coverage; statement encouraging careful examination of options before declining coverage

     

    When/Whom to Notify: To every new employee, either at the time employee is hired or by end of first pay period

    Education or Other Legal Code: Labor Code 3551

    Board Policy/Administrative Regulation #: BP 4157.1/4257.1/4357.1

    Subject: Workers' compensation benefits, how to obtain medical care, role of primary physician, form for reporting personal physician/chiropractor

     

    When/Whom to Notify: Prior to beginning employment

    Education or Other Legal Code: Penal Code 11165.7, 11166.5

    Board Policy/Administrative Regulation #: AR 5141.4

    Subject: Status as a mandated reporter of child abuse, reporting obligations, confidentiality rights, copy of law

     

    When/Whom to Notify: Upon employment and when leaving work due to pregnancy or nonoccupational sickness or injury

    Education or Other Legal Code: Unemployment Insurance Code 2613

    Board Policy/Administrative Regulation #: BP 4154/4254/4354

    Subject: Disability insurance rights and benefits

     

    When/Whom to Notify: To principal, counselor who directly supervises or reports on student's behavior or progress, and teacher and other administrators who directly supervise or report on student's behavior or progress when the superintendent or designee believes the employee needs the information for the protection of self or others when working with the student, when Superintendent or designee receives written notification that minor student has committed a felony or misdemeanor involving specified offenses

    Education or Other Legal Code: Welfare and Institutions Code 827

    Board Policy/Administrative Regulation #: BP 4158/4258/4358

    Subject: Limited exception to juvenile court record confidentiality to ensure rehabilitation of juvenile criminal offenders and protect students and staff

     

    When/Whom to Notify: To all employees and job applicants

    Education or Other Legal Code: 2 CCR 11023; 34 CFR 104.8, 106.9

    Board Policy/Administrative Regulation #: BP 0410, AR 4030

    Subject: District's policy on nondiscrimination and related complaint procedures

     

    When/Whom to Notify: To all employees or to each new employee

    Education or Other Legal Code: 2 CCR 11091, 11095; 29 CFR 825.300

    Board Policy/Administrative Regulation #: AR 4161.8/4261.8/4361.8

    Subject: Benefits through Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA); obligation to provide 30 days' notice of need for leave when possible

     

    When/Whom to Notify: To all employees

    Education or Other Legal Code: 8 CCR 3203

    Board Policy/Administrative Regulation #: AR 4157/4257/4357

    Subject: The right and procedure to access the injury and illness prevention program

     

    When/Whom to Notify: To all employees

    Education or Other Legal Code: 34 CFR 106.8

    Board Policy/Administrative Regulation #: AR 4119.11/4219.11/4319.11

    Subject: Nondiscrimination on the basis of sex; contact information for district's Title IX Coordinator; referral of inquiries to Title IX Coordinator and/or Office for Civil Rights

     

    When/Whom to Notify: Annually

    Education or Other Legal Code: 40 CFR 763.84, 763.93

    Board Policy/Administrative Regulation #: BP 3514

    Subject: Availability of asbestos management plan; any inspections, response actions or post-response actions planned or in progress

     

    When/Whom to Notify: Prior to the beginning of school year or upon employment

    Education or Other Legal Code: 20 USC 2354; 34 CFR 100 Appendix B, 104.8

    Board Policy/Administrative Regulation #: BP 6178

    Subject: All career and technical education opportunities are offered without regard to race, color, national origin, sex, or disability in accordance with 34 CFR 100

  • When/Whom to Notify: To eligible certificated employees in a timely manner, and to part-time and substitute certificated employees within 30 days of hire

    Education or Other Legal Code:  Education Code 22455.5

    Board Policy/Administrative Regulation #: AR 4121

    Subject: Criteria for membership in retirement system; right to elect membership at any time

     

    When/Whom to Notify: Upon employment of a retired certificated individual

    Education or Other Legal Code: Education Code 22461

    Board Policy/Administrative Regulation #: AR 4117.14/4317.14

    Subject: Postretirement earnings limitation or employment restriction; monthly report of compensation

     

    When/Whom to Notify: To certificated employees

    Education or Other Legal Code: Education Code 35171

    Board Policy/Administrative Regulation #: AR 4115, BP 4315

    Subject: District regulations related to performance evaluations

     

    When/Whom to Notify: 30 days before last day of school year for instructional staff, or by June 30 for non instructional certificated staff, in any year in which employee is evaluated

    Education or Other Legal Code:  Education Code 44663

    Board Policy/Administrative Regulation #: AR 4115

    Subject: Copy of employee's evaluation

     

    When/Whom to Notify: To a certificated employee with unsatisfactory evaluation, once per year for probationary employee or at least once every other year for permanent employee

    Education or Other Legal Code:  Education Code 44664

    Board Policy/Administrative Regulation #: AR 4115

    Subject: Notice and description of the unsatisfactory performance

     

    When/Whom to Notify: By May 30, if district elects to issue reemployment notices to certificated employees

    Education or Other Legal Code: Education Code 44842

    Board Policy/Administrative Regulation #: AR 4112.1

    Subject: Request that the employee notify district of intent to remain in service next year

     

    When/Whom to Notify: To probationary and temporary certificated employees upon employment and every July thereafter

    Education or Other Legal Code: Education Code 44916

    Board Policy/Administrative Regulation #: AR 4112.1, AR 4121

    Subject: Employment status and salary

     

    When/Whom to Notify: To probationary employee, by March 15

    Education or Other Legal Code: Education Code 44929.21, 44929.23, 44948.5

    Board Policy/Administrative Regulation #: BP 4116

    Subject: Whether or not employee is reelected for next school year

     

    When/Whom to Notify: When certificated employee is subject to disciplinary action for cause, at any time of year or, for charge of unsatisfactory performance, during instructional year

    Education or Other Legal Code: Education Code 44934, 44934.1, 44936

    Board Policy/Administrative Regulation #: BP 4118; AR 4118

    Subject: Notice of charges, procedures, and employee rights; intent to dismiss or suspend 30 days after notice

     

    When/Whom to Notify: To certificated employee charged with unprofessional conduct, at least 45 days prior to suspension/dismissal notice

    Education or Other Legal Code: Education Code 44938

    Board Policy/Administrative Regulation #: BP 4118

    Subject: Notice of deficiency and opportunity to correct

     

    When/Whom to Notify: To certificated employee charged with unsatisfactory performance, at least 90 days prior to suspension/dismissal notice or prior to last quarter of school year

    Education or Other Legal Code: Education Code 44938

    Board Policy/Administrative Regulation #: BP 4118

    Subject: Notice of deficiency and opportunity to correct

     

    When/Whom to Notify: To certificated employee charged with mandatory leave of absence offense, within 10 days of entry of judgment in proceedings

    Education or Other Legal Code: Education Code 44940.5

    Board Policy/Administrative Regulation #: AR 4118

    Subject: Notice of intent to dismiss 30 days from notice unless employee demands hearing

     

    When/Whom to Notify: To probationary employee 30 days prior to dismissal during school year, but not later than March 15 for a second- year probationary employee

    Education or Other Legal Code: Education Code 44948.3

    Board Policy/Administrative Regulation #: AR 4118

    Subject: Reasons for dismissal and opportunity to appeal

     

    When/Whom to Notify: By March 15 when necessary to reduce certificated personnel, with final notice by May 15

    Education or Other Legal Code: Education Code 44949, 44955

    Board Policy/Administrative Regulation #: BP 4117.3

    Subject: Reasons for personnel reduction and employees' right to hearing; final notice of Board decision re: termination

     

    When/Whom to Notify: Before the end of the school year to temporary employee who served 75 percent of school year but will be released

    Education or Other Legal Code: Education Code 44954

    Board Policy/Administrative Regulation #: BP 4121

    Subject: District's decision not to reelect employee for following school year

     

    When/Whom to Notify: During the time between five days after the enactment of an annual Budget Act and August 15 of the fiscal year to which the Budget Act applies when the Board determines that the district's local control funding formula apportionment per unit of ADA for that fiscal year has not increased by at least two percent, to any permanent or probationary certificated employee, including an employee holding a position that requires administrative or supervisory credential, whose services are terminated

    Education or Other Legal Code: Education Code 44955.5

    Board Policy/Administrative Regulation #: BP 4117.3

    Subject: Decrease in the number of permanent employees in accordance with a schedule of notice and hearing adopted by the Board

     

    When/Whom to Notify: To teacher, when a student engages in or is reasonably suspected of specified acts

    Education or Other Legal Code: Education Code 49079

    Board Policy/Administrative Regulation #: AR 4158/4258/4358

    Subject: Student has committed specified act that constitutes ground for suspension or expulsion

     

    When/Whom to Notify: To teacher of a student who is suspended or expelled, when Superintendent or designee receives transfer student's record regarding acts that resulted in suspension or expulsion

    Education or Other Legal Code: Education Code 48201

    Board Policy/Administrative Regulation #: AR 4158/4258/4358

    Subject: Student has committed specified act that constitutes ground for suspension or expulsion

     

    When/Whom to Notify: To certificated employee upon change in employment status due to alleged misconduct

    Education or Other Legal Code: 5 CCR 80303

    Board Policy/Administrative Regulation #: AR 4117.7

    Subject: Contents of state regulation re: report to Commission on Teacher Credentialing

  • When/Whom to Notify: By March 15, when laid off due to lack of work or lack of funds, with final notice by May 15

    Education or Other Legal Code: Education Code 45117

    Board Policy/Administrative Regulation #: AR 4217.3

    Subject: Notice of layoff, displacement and reemployment rights, right to hearing; final notice of Board decision regarding termination

     

    When/Whom to Notify: During the time between five days after the enactment of an annual Budget Act and August 15 of the fiscal year to which the Budget Act applies when the Board determines that the district's local control funding formula apportionment per unit of ADA for that fiscal year has not increased by at least two percent, to classified employees who are laid off due to lack of work or lack of funds

    Education or Other Legal Code: Education Code 45117

    Board Policy/Administrative Regulation #: AR 4217.3

    Subject: District Statement of Reduction in Force to affected employees in accordance with a schedule of notice and hearing adopted by the Board

     

    When/Whom to Notify: At least 60 days prior to the effective date of layoff, if the employee's position must be eliminated due to the expiration of a specially funded program

    Education or Other Legal Code: Education Code 45117

    Board Policy/Administrative Regulation #: AR 4217.3

    Subject: Notice of layoff date, displacement and reemployment rights

     

    When/Whom to Notify: Upon employment and upon each change in classification

    Education or Other Legal Code: Education Code 45169

    Board Policy/Administrative Regulation #: AR 4212

    Subject: Employee's class specification, salary data, assignment or work location, duty hours, prescribed workweek

     

    When/Whom to Notify: To permanent employee whose leave is exhausted

    Education or Other Legal Code: Education Code 45192, 45195

    Board Policy/Administrative Regulation #: AR 4261.1

    Subject: Exhaustion of leave, opportunity to request additional leave

     

    When/Whom to Notify: To school bus drivers and school activity bus drivers prior to expiration of specified documents

    Education or Other Legal Code: 13 CCR 1234

    Board Policy/Administrative Regulation #: AR 3542

    Subject: Expiration date of driver's license, driver's certificate and medical certificate; need to renew

     

    When/Whom to Notify: To school bus drivers and school activity bus drivers upon employment and at least once per year thereafter

    Education or Other Legal Code: 13 CCR 2480

    Board Policy/Administrative Regulation #: AR 3542

    Subject: Limitations on vehicle idling; consequences of not complying

     

    When/Whom to Notify: To school bus drivers, prior to district drug testing program and thereafter upon employment

    Education or Other Legal Code: 49 CFR 382.113, 382.601

    Board Policy/Administrative Regulation #: AR 4112.42/4212.42/4312.42

    Subject: Explanation of federal requirements for drug testing program and district's policy; prior to administration of each drug or alcohol test

     

    When/Whom to Notify: To school bus drivers, prior to operating school bus

    Education or Other Legal Code: 49 CFR 382.303

    Board Policy/Administrative Regulation #: AR 4112.42/4212.42/4312.42

    Subject: Post accident information, procedures, and instruction

  • When/Whom to Notify: To superintendent, deputy, associate, or assistant superintendent or senior manager of classified service, at least 45 days before expiration of contract

    Education or Other Legal Code: Education Code 35031

    Board Policy/Administrative Regulation #: BP 2121, BP 4312.1

    Subject: Decision not to reelect or re employ upon expiration of contract or term

     

    When/Whom to Notify: Upon request by administrative or supervisory employee transferred to teaching position

    Education or Other Legal Code: Education Code 44896

    Board Policy/Administrative Regulation #: AR 4313.2

    Subject: Statement of the reasons for the reassignment

     

    When/Whom to Notify: By March 15 to employee who may be released/reassigned the following school year

    Education or Other Legal Code: Education Code 44951

    Board Policy/Administrative Regulation #: AR 4313.2

    Subject: Notice that employee may be released or reassigned the following school year

  • When/Whom to Notify: In the event of a breach of security of district records to affected employees
    Education or Other Legal Code: Civil Code 1798.29

    Board Policy/Administrative Regulation #: BP 3580
    Subject: Types of records affected, date of breach, description of incident, and, as applicable, contact information for credit reporting agencies

    When/Whom to Notify: Prior to placing derogatory information in personnel file
    Education or Other Legal Code: Education Code 44031
    Board Policy/Administrative Regulation #: AR 4112.6/4212.6/4312.6
    Subject: Notice of derogatory information, opportunity to review and comment

    When/Whom to Notify: To employees who volunteer to administer epinephrine auto-injector Education or Other Legal Code: Education Code 49414
    Board Policy/Administrative Regulation #: AR 5141.21
    Subject: Defense and indemnification from civil liability by the district

    When/Whom to Notify: To employee returning from military leave of absence, within 30 days of return
    Education or Other Legal Code: Government Code 20997
    Board Policy/Administrative Regulation #: AR 4161.5/4261.5/4361.5
    Subject: Right to receive PERS service credit for military service; application form

     

    When/Whom to Notify: 24 hours before Board meets in closed session to hear complaints or charges against employee

    Education or Other Legal Code: Government Code 54957
    Board Policy/Administrative Regulation #: BB 9321
    Subject: Employee's right to have complaints/charges heard in open session

    When/Whom to Notify: When taking disciplinary action against employee for disclosure of confidential information
    Education or Other Legal Code: Government Code 54963
    Board Policy/Administrative Regulation #: BP 4119.23/4219.23/4319.23
    Subject: Law prohibiting disclosure of confidential information obtained in closed session

    When/Whom to Notify: When document identifying employee who is victim of domestic violence is disclosed
    Education or Other Legal Code: Labor Code 230
    Board Policy/Administrative Regulation #: AR 4158/4258/4358
    Subject: Accommodations and leave for victims of domestic violence

    When/Whom to Notify: Within one working day of work-related injury or victimization of crime
    Education or Other Legal Code: Labor Code 3553, 5401
    Board Policy/Administrative Regulation #: BP 4157.1/4257.1/4357.1
    Subject: Potential eligibility for workers' compensation benefits, claim form

    When/Whom to Notify: When adverse employment action is based on DOJ criminal history information or subsequent arrest notification
    Education or Other Legal Code: Penal Code 11105, 11105.2
    Board Policy/Administrative Regulation #: AR 4112.5/4212.5
    Subject: Copy of DOJ notification
     

    When/Whom to Notify: To any employee with exposure to blood or potentially infectious materials, upon initial employment and at least annually thereafter
    Education or Other Legal Code: 8 CCR 3204
    Board Policy/Administrative Regulation #: AR 4119.42/4219.42/4319.42
    Subject: The existence, location, and availability of exposure and medical records; person responsible for maintaining and providing access to records; right to access records

    When/Whom to Notify: To any employee assigned to a work area in a laboratory setting where hazardous chemicals are present, within 15 working days after receiving a monitoring result related to an employee exposure determination
    Education or Other Legal Code: 8 CCR 5191
    Board Policy/Administrative Regulation #: AR 3514.1
    Subject: Contents of 8 CCR 5191, including location and availability of chemical hygiene plan, exposure limits, signs and symptoms of exposure, location of reference material

    When/Whom to Notify: To any employee who may be exposed to hazardous substances in the work area, upon initial assignment and when new hazard is introduced into work area
    Education or Other Legal Code: 8 CCR 5194
    Board Policy/Administrative Regulation #: AR 3514.1
    Subject: Requirements of 8 CCR 5194, including any presence of hazardous substances in the work area, location and availability of hazard communication program, new material safety data sheet, employee rights

    When/Whom to Notify: To employee eligible for military leave
    Education or Other Legal Code: 38 USC 4334
    Board Policy/Administrative Regulation #: AR 4161.5/4261.5/4361.5
    Subject: Notice of rights, benefits, and obligations under military leave

    When/Whom to Notify: Within five days of employee's request for family care and medical leave, receipt of supporting information, or district's knowledge that the requested leave may qualify as FMLA leave
    Education or Other Legal Code: 29 CFR 825.300; 2 CCR 11049, 11091
    Board Policy/Administrative Regulation #: AR 4161.8/4261.8/4361.8
    Subject: Designation of leave as FMLA or non-FMLA; if not eligible, reason not eligible;

    requirement to use paid leave; any requirement for fitness-for-duty certification; any subsequent changes in designation notice

    When/Whom to Notify: Whenever notice of eligibility for FMLA is provided to employee
    Education or Other Legal Code: 29 CFR 825.300
    Board Policy/Administrative Regulation #: AR 4161.8/4261.8/4361.8
    Subject: Rights and responsibilities re: use of FMLA; consequences of failure to meet obligations

    When/Whom to Notify: To all employees working with families experiencing homelessness
    Education or Other Legal Code: Education Code 48851.3, 42 USC 11432
    Board Policy/Administrative Regulation #: AR 6173
    Subject: Duties of district liaison for homeless students and availability of training and services

If you need clarification, please contact Brett Nickelson, Director of Human Resources, ext. 2012