California Teachers Assn. v. Board of Trustees

Introduction

In this case we hold that under Education Code section 13468.5 school districts may adopt rules and regulations prescribing the types of situations in which a personal necessity leave is justified and may review a certificated employee’s determination of personal necessity. We further hold that a school district’s determination that a religious observance is not a personal necessity is not an abuse of discretion. Finally, we decline the requests of the parties that our ruling be bottomed on constitutional grounds.

Plaintiff Waldman, a teacher in defendant school district, is a member of the Jewish faith. On September 27, 1973, Mrs. Waldman absented herself from her teaching duties to celebrate Rosh Hashanah, the Jewish New Year. The school district declined to accept a religious observance as an allowable reason for personal necessity leave and docked her one day’s pay. Thereupon, plaintiff Waldman and the employee organization to which she belongs brought suit against the district for declaratory relief and for damages. The trial court upheld the school district.

Section 13468.5 pertains to the use by a certificated employee of sick leave for purposes…