This published decision distinguishes between various types of "leave" deductions for injured school workers in workers' comp matters. The distinction between "vacation" and "differential" leave is important because a classified school employee is entitled to receive several kinds of compensation and leave when injured or ill:
Workers' compensation benefits (Lab. Code, § 4653); 60 days of industrial and illness leave (Education Code § 45192); sick leave (§ 45191); vacation leave (§ 45197); and a form of leave called "differential leave." (§ 45196.) Under the so-called 100-day rule of section 45196, in addition to other forms of leave, an employee is entitled to receive differential leave at half pay for up to 100 days.
The injured worker was a school bus driver who claimed that the district improperly deducted both vacation leave and differential leave under section 45196 concurrently.
The appellate court opinion agreed with the worker that the school district could NOT deduct vacation leave and differential leave concurrently.
The case is California School Employees v. Colton etc. School District.
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