An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

A. S ABBATICAL L EAVE V . V ACATION In 1987, the California Division of Labor Standards and Enforcement (DLSE) set forth a three- part test a sabbatical program must meet to differentiate it from vacation. The difference between vacation and sabbatical leave is significant because vacation is deferred compensation that is owed to an employee. Sabbatical leave does not create the same fiscal liability. The California Court of Appeal recently clarified what is required of a sabbatical program by adopting the DLSE’s test to identify a legitimate sabbatical and adding an additional component. (1) The leave must be sufficiently infrequent to support the assertion that it is intended to retain experienced employees who have devoted a significant period of service to the school. Every seven years is generally appropriate, but a greater or lesser frequency could be appropriate depending upon the industry. (2) The length of the leave should be adequate to achieve the school’s purpose. The leave should be longer than that “normally” offered as vacation. (3) The school provides regular vacation in addition to the sabbatical. The school’s regular vacation policy must be comparable to the average vacation benefit offered in the relevant market. (4) A legitimate sabbatical program should incorporate some feature that demonstrates that the employee taking the sabbatical is expected to return to work for the school after the leave is over. 1357 To avoid having to pay employees for unused sabbatical leaves upon separation, schools should ensure their sabbatical leave programs comply with these parameters. B. B EST P RACTICES Schools have relatively broad discretion in determining the terms of sabbatical leave policies. Here are some considerations schools may want to take into account in drafting or reviewing their sabbatical leave policies.  Length of service time required

 Performance standards requirement  Positions eligible for sabbatical leave  Purpose of sabbatical leave  Whether sabbatical leave will be paid or unpaid  If employee does not return from sabbatical leave, terms regarding cost or salary reimbursement  Whether sabbatical leave counts as service time toward subsequent sabbatical leave  Whether sabbatical leave must be taken in one continuous period or if it can be taken in subparts.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 310