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Earlier editions: 2020-112018-112026-09

TITLE 2. ELEMENTARY AND SECONDARY EDUCATION 33000-65001›DIVISION 3. LOCAL ADMINISTRATION 35000-45500›PART 25. EMPLOYEES 44000-45500›CHAPTER 4. Employment—Certificated Employees 44800-45061.5›ARTICLE 1. Rights and Duties 44800-44824

§ 44801

California Education Code · 2026-10 edition · updated 2026-10-04 · California

Every person employed by a school district as a permanent employee in a position requiring certification qualifications who is elected to the Legislature shall be granted a leave of absence from his duties as an employee of the district by the governing board of the district.

During the term of such leave of absence, the employee may be employed by the school district to perform such less than full-time service requiring certification qualifications, for such compensation and upon such terms and conditions, as may be mutually agreed upon.

Such absence shall not affect in any way the classification of such employee.

Within six months after the term of office of such employee expires he shall be entitled to return to the position held by him at the time of his election, at the salary to which he would have been entitled had he not absented himself from the service of the school district under this section.

Notwithstanding any provision of this code to the contrary, a person employed to take the place of any such employee shall not have any right to such position following the return of such employee to the position.

This section shall apply to any permanent certificated school district employee who held the office of Member of the Assembly or State Senator on or after January 4, 1965.

(Enacted by Stats. 1976, Ch. 1010.)

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