BILL NUMBER: AB 375	INTRODUCED
	BILL TEXT


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 
illness or accident   illness, accident, or maternity
leave  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  illness or accident.   illness,
accident, or maternity leave.  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  school  district.
   (d) Excepting in a  school  district the governing board
of which has adopted a salary schedule for substitute employees of
the  school  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  school
 district. The rules and regulations shall not conflict with
rules and regulations of the  State Board of Education
  state board.  .
   (f)  Nothing in this   This  section
shall  not  be construed  so  as to deprive
 any   a school  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  school  district.