Farquar

Farquar v. Board of Education

Good Law
157 Cal. Rptr. 230·1979 Cal. App. LEXIS 2007·95 Cal. App. 3d 761
Court of Appeal of CaliforniaAugust 1, 1979Civ. No. 18136; Civ. No. 18137California1,423 words

Opinion

Lead Opinion

Staniforth, J.

Plaintifis Donna M. Farquar and Sandra J. Bradshaw filed separate petitions in the superior court for writ of mandate to compel the Board of Education of the Santee School District (Board) to grant paid sick leave for the periods while each was on a voluntary unpaid maternity leave. The Board filed its answers to the petitions. The *763 actions were consolidated and after hearing, the court granted writs of mandate commanding the Board to grant paid sick leave to Farquar and Bradshaw. The Board appeals contending that it has no duty to provide a certified employee with paid sick leave benefits for a period of maternity-related disability while such employee is on a voluntary unpaid leave of absence.

Facts—Mrs. Bradshaw

On January 22, 1976, Mrs. Bradshaw delivered a child by cesarean section and was disabled for 56 days, from January 12, 1976, to April 1, 1976. At that time Mrs. Bradshaw had accumulated sick leave benefits but was unaware of her right to utilize them for a maternity-related disability. The previous October (1975) Mrs. Bradshaw had requested a maternity leave of absence to commence January 12, 1976. She applied for the leave on a district-prepared form…

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