California School Employees Ass'n, Tustin Chapter No. 450 v. Tustin Unified School District

Opinion

FYBEL, J.

Introduction

When a classified school district employee is on disability leave for five months or less, the employer school district may not, under Education Code section 45196, deduct from the absent employee’s salary an amount exceeding the sum “actually paid a substitute employee employed to fill his position during his absence.” (Ed. Code, § 45196.) (All further statutory references are to the Education Code unless noted.) As an alternative, the school district may maintain a policy of crediting regular classified employees with additional working days per year of paid sick…