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HomeEducation CodeDiv. 7Pt. 51Ch. 4Art. 7§ 88223 Employee Leave Compensation Agreement

§ 88223 Employee Leave Compensation Agreement

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

§ 88223 Employee Leave Compensation Agreement

Key Takeaways

  • •If you take a leave from work, your boss can ask you to do some work during your leave, but only if you both agree in writing.
  • •You’ll get paid during your leave, but the amount depends on what you and your boss agree to in writing.
  • •Your pay during leave can’t be less than the difference between your normal salary and what a substitute worker would get paid for your job.
  • •Instead of paying you the difference, your boss can choose to pay you half your normal salary or even your full salary if they want.

Example

A teacher takes a leave of absence for a few months.

The school and the teacher agree in writing that the teacher will help plan lessons from home during the leave. The teacher’s normal salary is $5,000 a month, and a substitute teacher gets paid $3,000 a month for the same job. The school must pay the teacher at least $2,000 a month ($5,000 - $3,000) during the leave. But the school could also choose to pay the teacher half their salary ($2,500) or even their full salary ($5,000) if they agree.

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

Official Source
View on CA.gov

§ 88223 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

employeeschoolsalarydifferencecompensationposition

Related Statutes

  • § 45041 Prorated Teacher Salary
  • § 87780.1 Academic Parental Leave Pay
  • § 44854 Teacher Exchange Position Rights
  • § 44940.5 Employee Compulsory Leave Procedures
  • § 44977 Teacher Illness Leave Pay

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 88223.
View Official Source