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CSEA v. TUSTIN UNIFIED SCHOOL DIST.

No. G037118.

55 Cal.Rptr.3d 739 (2007)

148 Cal.App.4th 510

CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, Tustin Chapter No. 450, Plaintiff and Appellant, v. TUSTIN UNIFIED SCHOOL DISTRICT et al., Defendants and Respondents.

Court of Appeal of California, Fourth District, Division Three.

February 27, 2007.

Attorney(s) appearing for the Case

Michael R. Clancy and Sonja J. Woodward, for Plaintiff and Appellant.

Parker & Covert, Spencer E. Covert and Barbara J. Ginsberg, Tustin, for Defendant and Respondent.

OPINION

FYBEL, J.

INTRODUCTION

When a classified school district employee is on disability leave for five months or less, the employer school district may not, under Education Code section 45196, deduct from the absent employee's salary an amount exceeding the sum "actually paid a substitute employee employed to fill his position during his absence." (Ed.Code, § 45196.) (All further statutory references are to the Education Code unless noted...

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