BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1606
                                                                  Page  1

          Date of Hearing:   March 18, 2014

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Das Williams, Chair
                    AB 1606 (Chávez) - As Amended:  March 4, 2014
           
          SUBJECT  :   Community college employee: leaves of absence.

           SUMMARY  :   Authorizes academic employees and probationary or  
          permanent classified employees of a community college to use, in  
          specified circumstances, up to 30 days of leave in a school  
          year; and, provides that if the provisions of this measure  
          conflict with the terms of a collective bargaining agreement in  
          effect before January 1, 2015, the provisions of this measure  
          shall not apply to the public employer and public employees  
          subject to that agreement until expiration or renewal of the  
          agreement.  Specifically,  this bill  :  

          1)Specifies that an academic employee and a contract or regular  
            employee may take up to 30 days of leave in a school year,  
            less than any days of leave authorized as specified in current  
            law, in either of the following circumstances:

             a)   A biological parent may use leave within the first year  
               of his or her infant's birth; and,

             b)   A nonbiological parent may use leave within the first  
               year of legally adopting a child.

          2)Specifies that if the provisions of this measure conflict with  
            the terms of a collective bargaining agreement in effect  
            before January 1, 2015, the provisions set forth by this  
            measure shall not apply to the public employer and public  
            employees subject to that agreement until the expiration or  
            renewal of the agreement.

           EXISTING LAW  : 

          1)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 (Education Code §  
            87661).









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          2)Mandates that the governing board of a community college  
            district must provide for 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; specifies that 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, must be  
            determined by the employee and the employee's physician; and  
            clarifies that this section of law shall be interpreted as  
            requiring the governing board of a community college 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  
            (EC § 87766).

          3)Allows every academic employee employed five days a week by a  
            community college district to be entitled to 10 days' leave of  
            absence for illness or injury and any additional days should  
            the governing board allow for illness and injury (EC § 87781).  


          4)Authorizes the governing board of a community college district  
            to adopt rules permitting academic employees of the district  
            to use leave earned, as specified, in cases of compelling  
            personal importance; and, specifies that the additional leave  
            time shall not exceed six days in any single school year (EC §  
            87781.5).

          5)Specifies that any days of leave of absence for illness or  
            injury allowed, as specified, may be used by the employee, at  
            his or her election, in cases of personal necessity; and,  
            declares that no such accumulated leave in excess of six days  
            may be used in any school year as specified (EC § 87784). 

          6)Specifies that every classified employee employed five days a  
            week by a community college district shall be entitled to 12  
            days leave of absence for illness or injury and such  
            additional days as the governing board may allow for illness  
            and injury (EC § 88191).

          7)Allows a contract or regular employee for a community college  
            district at his or her election, 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  








                                                                  AB 1606
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            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 or 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; and, specifies that earned leave in excess of  
            seven days may not be used in any college year as specified  
            (EC § 88207).

           FISCAL EFFECT  :   Unknown.  This measure is key non-fiscal by the  
          Legislative Counsel.

           COMMENTS  :    Background  .  Current law provides no protection for  
          faculty or classified employees who utilize sick leave or other  
          types of leave, including unpaid leave to extend maternity or  
          paternity leaves.  Said types of leaves are subject to  
          collective bargaining.  To note, all full time employees and  
          part-time employees (if they meet certain requirements) of a  
          community college district  are eligible for job protection  
          through the federal Family Medical Leave Act (FMLA), the  
          California Family Rights Act (CFRA), and the California  
          Pregnancy Disability Leave (PDL) law.

          Federal FMLA provides certain employees up to 12 weeks of  
          unpaid, job-protected leave a year and requires group health  
          benefits to be maintained during the leave as if employees  
          continued to work instead of taking leave. 

          Employees of community college districts who do not buy into the  
          State Disability Insurance Fund (SDIF) are not eligible for  
          additional paid or unpaid family leave days pursuant to current  
          law.  It is presently unclear how many of the employees of the  
          72 community college districts buy into the SDIF and how many do  
          not. 

           Need for the bill  .  The author contends that for working  
          parents, it is of utmost importance to establish a work-life  
          balance; unfortunately, when bonding with their new born or  
          newly adopted child, many community college employees (faculty  
          and/or classified) only receive the minimum days allowed by  
          current law (six days for faculty and seven days for classified  
          employees).  This short window of time does not yield for an  
          opportunity of bonding.  AB 1606 expands the minimum time  








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          allowed for bonding to 30 days and specifies the time off will  
          be paid from employees' accrued sick-leave.  Additionally, AB  
          1606 specifies that the leave must be used within the first year  
          of the child's birth or adoption.  The author states, "Providing  
          paid leave to our families is critical to strengthening the bond  
          that forms between parents and children.  That bond is vital to  
          the long-term health and well-being of children as they grow,  
          and helps build strong families. This is a common sense measure  
          that will improve the lives of children and help our  
          communities."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file.

           Opposition 
           
          None on file.
           

          Analysis Prepared by  :    Jeanice Warden / HIGHER ED. / (916)  
          319-3960