BILL NUMBER: AB 1918	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY  AUGUST 19, 2004
	PASSED THE SENATE  AUGUST 11, 2004
	AMENDED IN SENATE  JUNE 14, 2004

INTRODUCED BY   Assembly Member Montanez
   (Coauthors:  Assembly Members Dymally, Hancock, and Koretz)
   (Coauthor:  Senator Kuehl)

                        FEBRUARY 10, 2004

   An act to amend Sections 44977, 44983, and 45196 of the Education
Code, relating to school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1918, Montanez.  School employees.
   Under existing law, when a certificated or classified school
employee exhausts all available sick leave and continues to be absent
from his or her duties on account of illness or accident for an
additional period of 5 school months, the employee during those 5
months receives the difference between his or her salary and the sum
that is actually paid a substitute employee employed to fill his or
her position during his or her absence or, if no substitute employee
was employed, the amount that would have been paid to the substitute
had he or she been employed.
   Existing law makes these provisions inapplicable to a school
district that adopts and maintains in effect a rule whereby a person
employed in a position requiring certification qualifications who is
absent from his or her duties on account of illness or accident for a
period of 5 school months or less receives 50% or more of his or her
regular salary during the period of the absence.
   Under existing law, the family temporary disability insurance
program provides up to 6 weeks of wage replacement benefits to
workers who take time off work to care for a seriously ill child,
spouse, parent, domestic partner, or to bond with a new child.
   This bill would allow a school employee, in a school district that
is not subject to the disability compensation laws, to use up to 6
weeks of the 5-month period during which the employee receives
differential pay to take time off work to care for a seriously ill
child, spouse, parent, domestic partner, or to bond with a new child.

   The bill would similarly allow a school employee in a school
district that is not subject to the disability compensation laws and
in which a school employee receives 50% or more of his or her regular
salary during an absence for illness or accident of 5 months or less
to use up to 6 weeks of that 5 month or less period to take time off
work to care for a seriously ill child, spouse, parent, domestic
partner, or to bond with a new child.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 44977 of the Education Code is amended to read:

   44977.  (a) (1) During each school year, when a person employed in
a position requiring certification qualifications has exhausted all
available sick leave, including all accumulated sick leave, and
continues to be absent from his or her duties on account of illness
or accident for an additional period of five school months, whether
or not the absence arises out of or in the course of the employment
of the employee, the amount deducted from the salary due him or her
for any of the additional five months in which the absence occurs
shall not exceed the sum that is actually paid a substitute employee
employed to fill his or her position during his or her absence or, if
no substitute employee was employed, the amount that would have been
paid to the substitute had he or she been employed.  The school
district shall make every reasonable effort to secure the services of
a substitute employee.
   (2) Of the five-month period allowed pursuant to paragraph (1), up
to six weeks may be used to care for a seriously ill child, spouse,
parent, domestic partner, or to bond with a minor child within one
year of the birth or placement of the child in connection with foster
care or adoption.  For purposes of this paragraph, a person is
seriously ill if the person suffers an illness, injury, impairment,
or physical or mental condition that involves inpatient care in a
hospital, hospice, or residential health care facility, or continuing
treatment or continuing supervision by a health care provider, as
defined in Section 12945.2 of the Government Code. For purposes of
this paragraph, the following terms have the following meanings:
   (A) "Child" means a biological, adopted, or foster son or
daughter, a stepson or stepdaughter, a legal ward, a son or daughter
of a domestic partner, or the person to whom the employee stands in
loco parentis.
   (B) "Domestic partner" has the same meaning as defined in Section
297 of the Family Code.
   (C) "Parent" means a biological, foster, or adoptive parent, a
stepparent, a legal guardian, or other person who stood in loco
parentis to the employee when the employee was a child.
   (D) "Spouse" means a partner to a lawful marriage.
   (3) Paragraph (2) applies to a public school employer, as defined
in Section 3540.1 of the Government Code, that is not subject to Part
2 (commencing with Section 2601) of Division 1 of the Unemployment
Insurance Code.
   (b) For purposes of subdivision (a):
   (1) The sick leave, including accumulated sick leave, and the
five-month period shall run consecutively.
   (2) An employee shall not be provided more than one five-month
period per illness or accident.  However, if a school year terminates
before the five-month period is exhausted, the employee may take the
balance of the five-month period in a subsequent school year.
   (c) The governing board of every school district shall adopt a
salary schedule for substitute employees.  The salary schedule shall
indicate a salary for a substitute for all categories or classes of
certificated employees of the district.
   (d) Except in a district the governing board of which has adopted
a salary schedule for substitute employees of the district, the
amount paid the substitute employee during any month shall be less
than the salary due the employee absent from his or her duties.
   (e) When a person employed in a position requiring certification
qualifications is absent from his or her duties on account of illness
for a period of more than five school months, or when a person is
absent from his or her duties for a cause other than illness, the
amount deducted from the salary due him or her for the month in which
the absence occurs shall be determined according to the rules and
regulations established by the governing board of the district.  The
rules and regulations shall not conflict with rules and regulations
of the State Board of Education.
   (f) This section does not deprive any district, city, or city and
county of the right to make any reasonable rule for the regulation of
accident or sick leave or cumulative accident or sick leave without
loss of salary for persons acquiring certification qualifications.
   (g) This section is applicable whether or not the absence from
duty is by reason of a leave of absence granted by the governing
board of the employing district.
  SEC. 2.  Section 44983 of the Education Code is amended to read:
   44983.  (a) (1) Section 44977 does not prohibit a school district
from adopting a rule that permits a person employed in a position
requiring certification qualifications who is absent from his or her
duties on account of illness or accident for a period of five school
months or less, whether or not the absence arises out of or in the
course of the employment of the employee, from receiving 50 percent
or more of his or her regular salary during the period of the absence
.
   (2) Not more than six weeks of the five-month period allowed
pursuant to paragraph (1), may be used to care for a seriously ill
child, spouse, parent, domestic partner, or to bond with a minor
child within one year of the birth or placement of the child in
connection with foster care or adoption.  For purposes of this
paragraph, a person is seriously ill if the person suffers an
illness, injury, impairment, or physical or mental condition that
involves inpatient care in a hospital, hospice, or residential health
care facility, or continuing treatment or continuing supervision by
a health care provider, as defined in Section 12945.2 of the
Government Code.  For purposes of this paragraph, the following terms
have the following meanings:
   (A) "Child" means a biological, adopted, or foster son or
daughter, a stepson or stepdaughter, a legal ward, a son or daughter
of a domestic partner, or a minor to whom the employee stands in loco
parentis.
   (B) "Domestic partner" has the same meaning as defined in Section
297 of the Family Code.
   (C) "Parent" means a biological, foster, or adoptive parent, a
stepparent, a legal guardian, or other person who stood in loco
parentis to the employee when the employee was a minor.
   (D) "Spouse" means a partner to a lawful marriage.
   (3) Paragraph (2) applies to a public school employer, as defined
in Section 3540.1 of the Government Code, that is not subject to Part
2 (commencing with Section 2601) of Division 1 of the Unemployment
Insurance Code.
   (b) Notwithstanding subdivision (a) if a person employed in a
position requiring certification qualifications is absent from his or
her duties on account of illness for a period of more than five
school months, or when a person is absent from his or her duties for
a cause other than illness, the amount deducted from the salary due
him or her for the month in which the absence occurs shall be
determined according to the rules and regulations established by the
governing board of the district.  The rules and regulations shall not
conflict with rules and regulations of the State Board of Education.

   (c) This section does not deprive any district, city, or city and
county of the right to make any reasonable rule for the regulation of
accident or sick leave or cumulative accident or sick leave without
loss of salary for persons requiring certification qualifications.
   (d) This section shall be applicable whether or not the absence
from duty is by reason of a leave of absence granted by the governing
board of the employing district.
  SEC. 3.  Section 45196 of the Education Code is amended to read:
   45196.  (a) (1) When a person employed in the classified service
is absent from his or her duties on account of illness or accident
for a period of five months or less, whether or not the absence
arises out of or in the course of employment of the employee, the
amount deducted from the salary due him or her for any month in which
the absence occurs shall not exceed the sum which is actually paid a
substitute employee employed to fill his or her position during his
or her absence.
   (2) Of the five-month period allowed pursuant to paragraph (1), up
to six weeks may be used to care for a seriously ill child, spouse,
parent, domestic partner, or to bond with a minor child within one
year of the birth or placement of the child in connection with foster
care or adoption.  For purposes of this paragraph, a person is
seriously ill if the person suffers an illness, injury, impairment,
or physical or mental condition that involves inpatient care in a
hospital, hospice, or residential health care facility, or continuing
treatment or continuing supervision by a health care provider, as
defined in Section 12945.2 of the Government Code.  For purposes of
this paragraph, the following terms have the following meanings:
   (A) "Child" means a biological, adopted, or foster son or
daughter, a stepson or stepdaughter, a legal ward, a son or daughter
of a domestic partner, or the person to whom the employee stands in
loco parentis.
   (B) "Domestic partner" has the same meaning as defined in Section
297 of the Family Code.
   (C) "Parent" means a biological, foster, or adoptive parent, a
stepparent, a legal guardian, or other person who stood in loco
parentis to the employee when the employee was a child.
   (D) "Spouse" means a partner to a lawful marriage.
   (3) Paragraph (2) applies to a public school employer, as defined
in Section 3540.1 of the Government Code, that is not subject to Part
2 (commencing with Section 2601) of Division 1 of the Unemployment
Insurance Code.
   (b) Except in a district the governing board of which has adopted
a salary schedule for substitute employees of the district, the
amount paid the substitute employee during any month shall be less
than the salary due the employee absent from his or her duties.
   (c) Entitlement to sick leave under this section, if any, shall be
considered "entitlement to other sick leave" for the purposes of
computing benefits under the provisions of Section 45192 if the
absence is for industrial accident or illness and shall be used after
entitlement to all regular sick leave, accumulated compensating
time, vacation or other available paid leave is exhausted.
   (d) This section does not apply to any school district that adopts
and maintains in effect a rule pursuant to which a regular
classified employee is once a year credited with a total of not less
than 100 working days of paid sick leave, including days to which he
or she is entitled under Section 45191.  Those days of paid sick
leave in addition to those required by Section 45191 shall be
compensated at not less than 50 percent of the employee's regular
salary.  The paid sick leave authorized under that rule shall be
exclusive of any other paid leave, holidays, vacation, or
compensating time to which the employee may be entitled.  This
section does not preclude the governing board from adopting a rule as
described in this subdivision.