California Teachers' Ass'n v. Parlier Unified School District

Statement of the Case

Appellants are teachers (and teachers’ associations) employed by respondent school districts in the Fresno area. This appeal involves teachers’ statutory right to “differential” compensation under Education Code section 44977.

The precise question before us is whether the differential compensation provided to certificated employees under section 44977 is to be paid for short term (10 school days or less) noncontinuous absences after exhaustion of regular sick leave under section 44978. Teachers contend they are entitled to differential pay for each day missed due to illness or accident following exhaustion of their sick leave. Districts, however, contend that teachers are not entitled to differential pay until after a 10-day waiting period. following exhaustion of sick leave. If a teacher is not absent for more than 10 school days (which could involve an illness of 2 calendar weeks) after exhaustion of sick leave, the teacher is not entitled to differential pay.

This controversy has been brewing since the 1980-1981 school year. Resolution requires a judicial construction of facially clear but analytically uncertain language in the last paragraph…