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HomeEducation CodeDiv. 7Pt. 51Ch. 4Art. 3§ 88108 Provisional Appointment Limits

§ 88108 Provisional Appointment Limits

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

§ 88108 Provisional Appointment Limits

Key Takeaways

  • •If there's no list of qualified people for a job, bosses can hire someone temporarily for up to 90 days at a time.
  • •These temporary hires can add up to more than 6 months in a year if the job keeps needing to be filled.
  • •Once a list of qualified people is ready, the temporary hire can't stay longer, even if the boss wants them to.
  • •This rule overrides other rules if they disagree, but only about this specific situation.

Example

A school needs a janitor but hasn’t finished checking who’s qualified for the job.

The school can hire someone temporarily for 90 days. If they still need a janitor after that, they can hire the same person again for another 90 days, even if it adds up to more than 6 months in a year. But once the school has a list of qualified janitors, they have to pick from that list and can’t keep the temporary janitor.

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

Official Source
View on CA.gov

§ 88108 Provisional Appointment Limits

Successive provisional appointments of 90 working days or less each may be made in any class in the absence of an appropriate eligibility list; provided, that continuous examination procedures for the class have been authorized by the commission. Such successive provisional appointments may be made and persons employed in temporary capacities under a given governing board for a total of more than six months in any one year. Such appointments may continue for the length of time for which they were made, but may not be extended if a certification can be made from an appropriate eligibility list. While this section is in effect, it shall supersede any other provisions of this article which are in conflict with this section, but only to the extent there is a conflict. (Repealed and added by Stats. 1976, Ch. 1011.)

Last verified: January 23, 2026

Key Terms

commissioneligibilityexaminationcertification

Related Statutes

  • § 88103 Promotional List Certification Priority
  • § 88093 Examination Record Retention Rules
  • § 88101 Competitive Examination Eligibility Rules
  • § 88084 Commission Personnel Appointment Rules
  • § 88092 Civil Service Exam Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 88108.
View Official Source