California School Employees Ass'n v. Colton Joint Unified School District

*859 Opinion

1. Introduction

This appeal concerns the proper method for calculating leave deductions for 73 days of missed work for an injured schoolbus driver, Donna Haynes. A classified school employee is entitled to receive several kinds of compensation and leave when injured or ill: workers’ compensation benefits (Lab. Code, § 4653); 60 days of industrial and illness leave (§45192); sick leave (§ 45191); vacation leave (§ 45197); and a form of leave called “differential leave” (§45196). Under the so-called 100-day rule of section 45196, in addition to other forms of leave, an employee is entitled to receive differential leave at half pay for up to 100 days.

The California School Employees Association (CSEA) and Haynes, petitioners and respondents on appeal (petitioners), contend that the Colton Joint Unified School District and the school board (collectively Colton) improperly deducted both vacation leave and differential leave under section 45196 concurrently.

Colton appeals from a judgment granting the writ petition. We agree with petitioners and the superior court that Colton could not deduct vacation leave and differential leave concurrently.

2. Factual and…

Today we hold that the parties’ longstanding, agreed-upon method for calculating and coordinating classified employee differential leave and vacation leave is invalid under California law. *866 I reluctantly agree with this conclusion based on the clear and plain meaning of Education Code section 45196. However, I write separately to underscore the unfortunate plight of the Colton Joint Unified School District and school board (collectively, Colton) and other school districts that must now adjust their longtime and well-settled practices for calculating differential and vacation leave times. More to the point, I wish to emphasize that, in these uncertain economic times, Colton and other school districts are left to face the budgetary and administrative consequences of our decision. If there is to be any remedy to this unexpected and unfortunate situation, it lies with the Legislature.

With the agreement of the California School Employees Association (CSEA), Colton has for more than 20 years coordinated differential leave with both sick and vacation leave, as set forth in article 12.7.6 of the collective bargaining agreement. The purpose of this negotiated arrangement was to…

This appeal concerns the proper method for calculating leave deductions for 73 days of missed work for an injured schoolbus driver, Donna Haynes. A classified school employee is entitled to receive several kinds of compensation and leave when injured or ill: workers' compensation benefits (Lab. Code, § 4653); 60 days of industrial and illness leave (§ 45192); sick leave (§ 45191); vacation leave (§ 45197); and a form of leave called "differential leave" (§ 45196). Under the so-called 100-day rule of section 45196, in addition to other forms of leave, an employee is entitled to receive differential leave at half pay for up to 100 days.

The California School Employees Association (CSEA) and Haynes, petitioners and respondents on appeal (petitioners), contend that the Colton Joint Unified School District and the school board (collectively Colton) improperly deducted both vacation leave and differential leave under section 45196 concurrently.

Colton appeals from a judgment granting the writ petition. We agree with petitioners and the superior court that Colton could not deduct vacation leave and differential leave concurrently.

The facts are generally undisputed except…