New Education Code Section 44977.5 extends Differential Pay for maternity and paternity leave for Teachers and Other Certificated Employees who are absent on account of maternity or paternity leave

Under the old law teachers and other certificated school employees who exhausted all available sick leave were entitled to an additional period of “differential pay” for up to five (5) months.  Differential pay is defined as the difference in the amount of money that would have been paid to the absent certificated employee, had she been present, and the amount of money that is actually paid to the substitute who replaced the certificated employee.

Under the new law, if a certificated employee’s absence is on account of maternity or paternity leave, there will be an additional twelve (12) week period of differential compensation available to that employee.

For further information regarding this new law, please contact your labor law counsel.

By Stewart Weinberg | October 26, 2015

Legal Developments