California Legislature—2015–16 Regular Session

Assembly Bill No. 375

Introduced by Assembly Member Campos

February 18, 2015

An act to amend Section 44977 of the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 375, as introduced, Campos. School employees: sick leave: maternity leave.

Under existing law, when a certificated school employee exhausts all available sick leave, as specified, 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.

This bill would instead provide the differential pay benefit described above if the certificated school employee is absent on account of illness, accident, or maternity leave, as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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) 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 begin delete illness
or accident end delete begin insert illness, accident, or maternity leave end insert 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.

(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 begin delete illness or accident. end delete begin insert illness, accident, or maternity leave. end insert
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 begin insert school end insert district.

(d) Excepting in a begin insert school end insert district the governing board of which
has adopted a salary schedule for substitute employees of the begin insert school end insert
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
begin insert school end insert district. The rules and regulations shall not conflict with
rules and regulations of the begin delete State Board of Education end delete begin insert state board. end insert .

(f)  begin delete Nothing in this end delete begin insert This end insert section shall begin insert not end insert be construed begin delete so end delete as to
deprive begin delete any end delete begin insert a school end insert 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 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 begin insert school end insert district.