Lute
Lute v. Governing Board
Opinion
Opinion
Lucas, J.
The Governing Board of the Co vina-Valley Unified School District (District) appeals from a judgment granting the petition of respondent teacher Lottie Lute (Lute) for issuance of a peremptory writ of mandate ordering payment of certain sick leave benefits and attorneys fees. We reverse the judgment.
Facts
In January of 1959, Ms. Lute commenced employment with the District as a certificated teacher, employed to work five days a week.
At the beginning of the 1984-1985 school year Ms. Lute had 34% days of accrued sick leave. In accordance with a collective bargaining agreement (Agreement) between the District and the Covina Unified Education Association, CTA/NEA, she was credited in advance of accrual with an additional 11 days of sick leave for the 1984-1985 school year, resulting in a total of 45% days of available leave for injury or illness.
Ms. Lute became ill and exhausted all of her sick leave during the period from September 27 to December 17. During this time, Ms. Lute received her full salary. However, because of her continuing illness, Ms. Lute was unable to return to work on December 17. Under the Agreement, Ms. Lute was eligible to receive “differential…