BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 675|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 675
Author: Fong (D)
Amended: 6/10/14 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 6-0, 6/4/14
AYES: Liu, Wyland, Block, Hancock, Huff, Monning
NO VOTE RECORDED: Correa
ASSEMBLY FLOOR : 70-0, 1/23/14 - See last page for vote
SUBJECT : Community colleges employees: maternity and
paternity leave
SOURCE : Faculty Association of California Community Colleges
DIGEST : This bill allows a California Community College (CCC)
faculty member to count a leave of absence, including maternity
and paternity leave, to his/her second, third, or fourth
contract year, as is required in a local bargaining agreement.
ANALYSIS : Existing law:
1.Requires the governing board of a CCC district to employ
faculty for the first academic year of his/her employment by
contract. Any person who, at the time an employment contract
is offered, is neither a tenured employee of the district nor
a probationary employee, as specified, shall be deemed to be
employed for "the first academic year of his/her employment."
A faculty member shall be deemed to have completed his/her
CONTINUED
AB 675
Page
2
first contract year if he/she provides service for 75% of the
first academic year.
2.Defines "academic year" to mean a period between the first day
of a fall semester or quarter and the last day of the
following spring semester or quarter, excluding any
intersession term that has been excluded pursuant to an
applicable collective bargaining agreement.
3.Requires the governing board of a CCC district to provide for
a leave of absence from duty for any academic employee of the
district who is required to be absent from duties because of
pregnancy, miscarriage, childbirth, and recovery therefrom.
The length of the leave of absence, including the date on
which the leave began and the date on which the employee shall
resume duties, shall be determined by the employee and the
employee's physician. Provides that this section shall be
construed as requiring the governing board of a CCC district
to grant leave with pay only when it is necessary to do so in
order that leaves of absence for disabilities caused or
contributed to by pregnancy, miscarriage, or childbirth be
treated the same as leaves for illness, injury, or disability.
4.Allows every academic employee employed five days a week by a
CCC district to be entitled to 10 days leave of absence for
illness or injury and any additional days that the governing
board of a CCC may allow for illness or injury, exclusive of
all days he/she is not required to render service to the
district, with full pay for a college year of service.
5.Authorizes the governing board of a CCC district to adopt
rules permitting academic employees of the district to use
illness leave earned in cases of compelling personal
importance, but provides that the additional sick leave time,
together with any other leave for personal necessity, as
specified, shall not exceed six days in any single school
year.
6.Provides that any days of leave of absence for illness or
injury may be used by an academic employee, at his/her
election, in cases of personal necessity. The governing board
of each CCC district is required to adopt rules and
regulations requiring and prescribing the manner of proof of
personal necessity for these purposes. No such accumulated
CONTINUED
AB 675
Page
3
leave in excess of six days may be used in any school year for
personal necessity.
7.Provides that every classified employee employed five days a
week by a CCC district shall be entitled to 12 days leave of
absence for illness or injury, with additional days as allowed
by the governing board for illness and injury.
8.Allows a contract or regular employee for a CCC to use any
days of absence for illness or injury earned, as specified, in
cases of personal necessity, including any of the following:
A. Death of a member of the employees immediate family when
additional leave is required beyond what is already
provided;
B. Accident involving the person or property of the
employee or of a member of his/her immediate family;
C. Appearance in any court or before any administrative
tribunal as a litigant, party or witness under subpoena or
any order made with jurisdiction; and
D. Any other reasons the governing board may prescribe.
1.Requires each governing board of each CCC district to adopt
rules and regulations requiring and prescribing the manner of
proof of personal necessity for these purposes and specifies
that earned leave in excess of seven days may not be used in
any college year, except under specified conditions, including
the condition in which a number of days in excess of seven is
provided in an agreement between the exclusive representative
of the employees and the CCC district.
This bill provides that a CCC faculty member may be deemed to
have completed the second, third, or fourth contract year, as
appropriate, if the faculty member provides service for a
percentage of the academic year as is required in an agreement
between the governing board of the CCC district and the
exclusive bargaining representative of the faculty member.
Additionally, the bill provides that time spent on paid or
unpaid leave of absence may be included in computing service if
the faculty member serves sufficient time during the year to
allow for the evaluation of the faculty member as required by
CONTINUED
AB 675
Page
4
any negotiated evaluation procedure. Paid or unpaid leave of
absence may include, but is not limited to, any of the
following:
1.Leave for reason of the birth of and bonding with a child or
bonding with an adopted or foster child.
2.Leave for care for a parent, spouse, or child with a serious
health condition.
3.Leave because of an employee's own serious health condition.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/10/14)
Faculty Association of California Community Colleges (source)
California Teachers Association
Rancho Santiago Community College District
ARGUMENTS IN SUPPORT : According to the author's office, while
current law provides that a CCC faculty tenure candidate must
provide service for at least 75% of the first academic year of
employment, it is silent on the second, third, and fourth years
of the tenure process. However, the author's office indicates
that many CCC districts also use the 75% threshold for these
years. Therefore, faculty who utilize sick leave or other types
of leave, including maternity or paternity leave or unpaid
leave, during this time may be subject to a setback in their
four-year tenure review process and lose a year of service. The
Faculty Association of California Community Colleges, sponsor of
this measure, indicates that CCC are required to provide at
least 175 days of instruction in an academic year which equates
to 35 weeks per year. If a tenure track faculty member is
required to teach 75% then that equals 26.25 weeks of
instruction, leaving 8.75 weeks remaining for maternity or
paternity leave with job protection.
This bill provides that a faculty member who is on a leave of
absence for specified reasons, including paternity or maternity
leave or care for a parent, spouse, or child with a serious
health condition, to be deemed to have completed a contract
tenure year if he/she has served sufficient time during the
CONTINUED
AB 675
Page
5
year.
ASSEMBLY FLOOR : 70-0, 1/23/14
AYES: Achadjian, Allen, Atkins, Bigelow, Bloom, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Garcia,
Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman,
Hall, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Perea, V. Manuel Pérez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Alejo, Ammiano, Donnelly, Beth Gaines,
Harkey, Roger Hernández, Lowenthal, Morrell, Patterson, Wagner
PQ:nl 6/10/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED