AB 375, as amended, Campos. School employees: sick leave:begin insert paternity andend insert 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,begin insert paternity leave,end insert or maternity leave, as specified.begin insert The bill would prohibit a certificated school employee on maternity or paternity leave pursuant to the Moore-Brown-Roberti Family Rights Act from being denied access to differential pay while on that leave. The bill would provide that, to the extent these changes conflict with any provision of a collective bargaining agreement entered into before January 1, 2016, by a public school employer and an exclusive bargaining representative, the changes shall not apply until the expiration or renewal of that collective bargaining agreement.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 44977 of the Education Code is amended
2to read:
(a) During each school year, when a person employed
4in a position requiring certification qualifications has exhausted
5all available sick leave, including all accumulated sick leave, and
6continues to be absent from his or her duties on account of illness,
7accident,begin insert paternity leave,end insert or maternity leave for an additional period
8of five school months, whether or not the absence arises out of or
9in the course of the employment of the employee, the amount
10deducted from the salary due him or her for any of the additional
11five months in which the absence occurs shall not exceed the sum
12that is actually paid a substitute
employee employed to fill his or
13her position during his or her absence or, if no substitute employee
14was employed, the amount that would have been paid to the
15substitute had he or she been employed. The school district shall
16make every reasonable effort to secure the services of a substitute
17employee.
18(b) For purposes of subdivision (a):
19(1) The sick leave, including accumulated sick leave, and the
20five-month period shall run consecutively.
21(2) An employee shall not be provided more than one five-month
22period per illness, accident,begin insert paternity leave,end insert or maternity leave.
23However, if a school year terminates before the
five-month period
24is exhausted, the employee may take the balance of the five-month
25period in a subsequent school year.
26(3) An employee on maternity or paternity leave pursuant to
27Section 12945.2 of the Government Code shall not be denied access
28to differential pay while on that leave.
29(c) The governing board of every school district shall adopt a
30salary schedule for substitute employees. The salary schedule shall
31indicate a salary for a substitute for all categories or classes of
32certificated employees of the school district.
P3 1(d) Excepting in a school district the governing board of which
2has adopted a salary schedule for substitute employees of
the school
3district, the amount paid the substitute employee during any month
4shall be less than the salary due the employee absent from his or
5her duties.
6(e) When a person employed in a position requiring certification
7qualifications is absent from his or her duties on account of illness
8for a period of more than five school months, or when a person is
9absent from his or her duties for a cause other than illness, the
10amount deducted from the salary due him or her for the month in
11which the absence occurs shall be determined according to the
12rules and regulations established by the governing board of the
13school district. The rules and regulations shall not conflict with
14rules and regulations of the statebegin delete board..end deletebegin insert
board.end insert
15(f) This section shall not be construed as to deprive a school
16district, city, or city and county of the right to make any reasonable
17rule for the regulation of accident or sick leave or cumulative
18accident or sick leave without loss of salary for persons acquiring
19certification qualifications.
20(g) This section shall be applicable whether or not the absence
21from duty is by reason of a leave of absence granted by the
22governing board of the employing school district.
23(h) To the extent that the changes made to this section by
24Assembly Bill 375 of the 2015-16 Regular Session conflicts with
25a provision of a collective bargaining
agreement entered into by
26a public school employer and an exclusive bargaining
27representative before January 1, 2016, pursuant to Chapter 10.7
28(commencing with Section 3540) of Division 4 of Title 1 of the
29Government Code, the changes made to this section by Assembly
30Bill 375 of the 2015-16 Regular Session shall not apply until
31expiration or renewal of that collective bargaining agreement.
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