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HomeEducation CodeDiv. 3Pt. 25Ch. 4Art. 3§ 44968 Employee Leave Compensation Agreement

§ 44968 Employee Leave Compensation Agreement

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 44968 Employee Leave Compensation Agreement

Key Takeaways

  • •If a teacher takes a leave (time off), they and their boss can agree in writing on work they might do during that time.
  • •The teacher will get paid during their leave, and the pay is decided between them and their boss in writing.
  • •The pay must be at least the difference between the teacher's normal salary and what a substitute teacher would get paid for the same job.
  • •Instead of paying the difference, the boss can choose to pay half of the teacher's normal salary or any amount up to their full salary.

Example

A teacher named Ms. Johnson takes a leave for a few months. Her normal salary is $5,000 per month, and a substitute teacher for her position gets paid $3,000 per month.

Ms. Johnson and her boss agree in writing that she will do some grading from home during her leave. They also agree on her pay. The law says she must get at least $2,000 ($5,000 - $3,000) per month during her leave. But her boss can choose to pay her $2,500 (half of her normal salary) or even her full $5,000 if they agree.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 44968 Employee Leave Compensation Agreement

Every employee granted a leave of absence pursuant to Section 44966 may be required to perform such services during the leave as the governing board of the district and the employee may agree upon in writing, and the employee shall receive such compensation during the period of the leave as the governing board and the employee may agree upon in writing, which compensation shall be not less than the difference between the salary of the employee on leave and the salary of a substitute employee in the position which the employee held prior to the granting of the leave. However, in lieu of such difference, the board may pay one-half of the salary of the employee on leave or any additional amount up to and including the full salary of the employee on leave. (Enacted by Stats. 1976, Ch. 1010.)

Last verified: January 23, 2026

Key Terms

leave of absencecompensationgoverning boardsubstitute employee

Related Statutes

  • § 44964 Certified Employee Sick Leave
  • § 44968.5 Teacher Leave Compensation Waiver
  • § 44974 Employee Leave Liability Waiver
  • § 44963 Additional Leave Authority
  • § 44966 Teacher Study Leave

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 44968.
View Official Source