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HomeEducation CodeDiv. 3Pt. 25Ch. 5Art. 6§ 45287 Provisional Employment Limits

§ 45287 Provisional Employment Limits

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

§ 45287 Provisional Employment Limits

Key Takeaways

  • •If there's no list of qualified people for a job, someone can work temporarily for up to 90 days.
  • •After working 90 days, they have to wait 90 days before they can work temporarily again.
  • •No one can work more than 126 temporary days in a year for the same boss, unless it's a part-time job with no qualified people available.
  • •For part-time jobs with no qualified people, the 126-day limit doesn’t apply, and temporary work can keep being extended.

Example

A school needs a janitor but has no list of qualified people. They hire John temporarily.

John can work up to 90 days. After that, he must wait 90 days before working temporarily again. If the school tries to hire him for more than 126 temporary days in a year, they can’t—unless it’s a part-time job and no one else is available.

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

Official Source
View on CA.gov

§ 45287 Provisional Employment Limits

When no eligibility list exists for a position in the classified service, an employee may receive provisional appointments which may accumulate to a total of 90 working days. A 90-calendar-day interval shall then elapse during which the person will be ineligible to serve in any full-time provisional capacity. No person shall be employed in provisional capacities under a given governing board for a total of more than 126 working days in any one fiscal year, except that when no one is available on an appropriate eligibility list for a part-time position, as defined in Section 45256, successive 90 working days provisional appointments may be made to the part-time position for a total of more than 126 working days in any one fiscal year. (Enacted by Stats. 1976, Ch. 1010.)

Last verified: January 23, 2026

Key Terms

provisional appointmentseligibility listclassified service90 working days126 working dayspart-time position

Related Statutes

  • § 45277 Special Hiring Requirements
  • § 45241 Classified Service Position Control
  • § 45256.5 Senior Management Designation Rules
  • § 45258 Community Representative Positions
  • § 45259 Restricted Disabled Positions Classification

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 45287.
View Official Source