Question: I am working on the classified layoff. How do we count 45 days? Forty-five working days (excluding weekends) or 45 calendar days (including weekends)...or some other kind of 45 days? All classified employees who are subject to layoff due to lack of work and/or lack of funds must receive notice at least 45 days in advance of the effective date of the layoff (per E.C. 45117 and 45308).

Response: The Education Code sections you reference above do provide for a 45-day notice for layoff of classified staff. The days to be counted in our experience are calendar days, which is the universal definition of days when no other definition is provided. FCMAT recommends consulting with district legal counsel, both regarding your question and to seek guidance in general on the proper steps necessary to implement a legal and binding layoff process.

2/13/09