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HomeEducation CodeDiv. 3Pt. 25Ch. 4Art. 1§ 44801 Teacher Legislator Leave Rights

§ 44801 Teacher Legislator Leave Rights

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

§ 44801 Teacher Legislator Leave Rights

Key Takeaways

  • •If a school teacher or staff gets elected to the state government, they can take time off from their school job.
  • •While they're away, they can still work part-time for the school if both sides agree.
  • •When they come back, they get their old job and salary back, like they never left.
  • •Someone hired to fill in for them doesn’t get to keep the job when the original employee returns.

Example

A high school math teacher gets elected to the state legislature.

The teacher can take a break from teaching to work in the government. The school can’t fire them or give their job away permanently. When they finish their government job, they can go back to teaching math at the same pay they would’ve gotten if they never left.

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

Official Source
View on CA.gov

§ 44801 Teacher Legislator Leave Rights

Every person employed by a school district as a permanent employee in a position requiring certification qualifications who is elected to the Legislature shall be granted a leave of absence from his duties as an employee of the district by the governing board of the district. During the term of such leave of absence, the employee may be employed by the school district to perform such less than full-time service requiring certification qualifications, for such compensation and upon such terms and conditions, as may be mutually agreed upon. Such absence shall not affect in any way the classification of such employee. Within six months after the term of office of such employee expires he shall be entitled to return to the position held by him at the time of his election, at the salary to which he would have been entitled had he not absented himself from the service of the school district under this section. Notwithstanding any provision of this code to the contrary, a person employed to take the place of any such employee shall not have any right to such position following the return of such employee to the position. This section shall apply to any permanent certificated school district employee who held the office of Member of the Assembly or State Senator on or after January 4, 1965. (Enacted by Stats. 1976, Ch. 1010.)

Last verified: January 23, 2026

Key Terms

permanent employeecertification qualificationsleave

Related Statutes

  • § 44803 Probationary Employee Transfer Rights
  • § 44815 Nutrition Period Supervision
  • § 44893 Teacher Certification Retention
  • § 44894 Employee Certification Retention Rights
  • § 44895 Permanent Employee Certification Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 44801.
View Official Source