Board of Education v. Oakland Education Ass'n

The question presented here is whether a school district may grant leaves of absence to certificated employees for nonsick leave purposes in excess of the six days permitted by Education Code *505 sections 44981 and 44978.5. 1 We conclude that in addition to the absences authorized by those sections of the Education Code, a school district may grant additional leave of absence under the authority of section 44963.

During 1977 appellant Oakland Education Association representing certificated employees of respondent Board of Education of the Oakland Unified School District negotiated a collective bargaining employment contract. The contract contained a tentative provision allowing certificated employees an additional two days of paid leave for “major personal observance” beyond the maximum of six days of accumulated sick leave available for certain purposes set forth in section 44981. The district removed this tentative provision prior to adopting the agreement after concluding that the provision violated section 44978.5. A new section providing for two days paid leave for “major personal observance” was then added making the leave chargeable to sick leave. The new clause…