Farquar v. Board of Education

Opinion

STANIFORTH, J. Plaintifis Donna M. Farquar and Sandra J. Bradshaw filed separate petitions in the superior court for writ of mandate to compel the Board of Education of the Santee School District (Board) to grant paid sick leave for the periods while each was on a voluntary unpaid maternity leave. The Board filed its answers to the petitions. The [763]actions were consolidated and after hearing, the court granted writs of mandate commanding the Board to grant paid sick leave to Farquar and Bradshaw. The Board appeals contending that it has no duty to provide a certified employee with paid sick leave benefits for a period of maternity-related disability while such employee is on a voluntary unpaid leave of absence.

Facts—Mrs. Bradshaw

On January 22, 1976, Mrs. Bradshaw delivered a child by cesarean section and was disabled for 56 days, from January 12, 1976, to April 1, 1976. At that time Mrs. Bradshaw had accumulated sick leave benefits but was unaware of her right to utilize them for a maternity-related disability. The previous October (1975) Mrs. Bradshaw had requested a maternity leave of absence to commence January 12, 1976. She applied for the leave on a district-prepared form which did not provide for requesting paid sick leave benefits during a maternity leave. The form’s only box to be checked for “maternity leave” referred to the official leave policy of the Santee School District which expressly stated that maternity leave “shall be without pay.” The completed form was submitted to the assistant superintendent of the district who admittedly was unaware of any district teachers who had utilized sick leave benefits for hospitalization due to childbirth during the 1975-1976 school year.

In fact, a year before Mrs. Bradshaw’s request for maternity leave— during a previous pregnancy—the assistant superintendent had expressly advised her that sick leave benefits were not applicable to maternity leave. Furthermore, despite January 1, 1976, changes in law, no statement advising district teachers of their right to utilize sick leave benefits for maternity-related disability appeared in any district policy, regulation or form including the Certificated Employee Handbook until January 1977.

Mrs. Bradshaw first learned of such right on or about February 11, 1976. She immediately requested payment of her earned sick leave.