An Administrator's Guide to California Private School Law

Chapter 4 - Employment Contracts And Separation Of Employees

Rights Act leave weeks when the teacher is expected to report to work. However, if a school does not expect teachers to report to work for the summer weeks, those weeks do not count against a teacher’s Pregnancy Disability Leave, FMLA, or California Family Rights Act leave entitlement. 412 For more information, please see the “Leave and Absences” chapter of this Administrator’s Guide. Another thing schools need to consider when choosing a 10-month or 12-month employment contract is how payments will be disbursed throughout the year. If a contract is for 12 months, the payment should be over 12 months. However, another option for teachers on a 12-month contract—who technically only work 10 months and are not required or expected to report to work for the two months in the summer—is for schools to pay them over a 10-month period. If a contract is for 10 months, payment should be over 10 months. Under no circumstances can a school offer a 10-month contract and spread payments out over 12-months because teachers would not be paid within the same month or for the same pay period when the work is actually performed. 413 Since the teacher is not employed for two months during the summer, the teacher should not have to wait during those two months to receive payments for work performed during the other 10 months. Under Labor Code section 204, exempt employees, including teachers, must be paid at least once a month on or before the 26th day of the month during which labor was performed if the entire month’s salary is paid at that time. For more information, please see the “Wage and Hour Laws” chapter of this Administrator’s Guide. LCW Practice Advisor Once a school decides whether to provide a 10-month or 12-month employment contract, the contract itself should specify the contract’s date of commencement and end date. “F OR C AUSE ” E MPLOYMENT A third type of employment contract may or may not contain a specified term but provides that employment may be terminated only “for cause.” The parties to an employment contract may deliberately establish “for cause” employment or it may be the legal default position where a school has inconsistent and confusing provisions that make the term of employment unclear but require “cause” for termination. For example, schools with “at-will” contracts “for a term” that may only be terminated “for cause” will fall into this risky category. LCW Practice Advisor Section 4

Some schools enter into a contract for a term but include language stating the contract is at-will. While clear at-will language may overcome the presumption of a for-cause contract, the inclusion of a term may create some risk that the contract is not at-will.

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