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HomeEducation CodeDiv. 3Pt. 25Ch. 5Art. 9§ 45383 Employee Leave Compensation Agreement

§ 45383 Employee Leave Compensation Agreement

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

§ 45383 Employee Leave Compensation Agreement

Key Takeaways

  • •If you take a leave from work, you and your boss can agree on what work you might do during that leave.
  • •You and your boss must write down what work you’ll do and how much you’ll get paid.
  • •Your pay during leave can’t be less than the difference between your normal pay and what a temp worker would get paid for your job.
  • •Instead of that difference, your boss can choose to pay you half your normal pay or even your full pay if they want.

Example

A teacher takes a leave of absence from school.

The teacher and the school can agree in writing on what the teacher will do during the leave, like planning lessons from home. The teacher’s pay during leave can’t be less than the difference between their normal salary and what a substitute teacher would earn. For example, if the teacher earns $5,000 a month and a substitute earns $3,000, the teacher must get at least $2,000 during leave. The school could also choose to pay the teacher half their salary ($2,500) or even their full salary ($5,000).

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

Official Source
View on CA.gov

§ 45383 Employee Leave Compensation Agreement

Every employee granted a leave of absence pursuant to this article 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. 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 absencegoverning boardcompensationsubstitute employeesalary

Related Statutes

  • § 45384 Employee Leave Compensation Payments
  • § 45382 Employee Study Leave Eligibility
  • § 44968 Employee Leave Compensation Agreement
  • § 45128 Overtime Compensation Rules
  • § 45193 Pregnancy Leave For Employees

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 45383.
View Official Source