BILL NUMBER: AB 375	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 4, 2015

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 amended, Campos. School employees: sick leave: 
paternity and  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,  paternity leave,  or
maternity leave, as specified.  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. 
   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,
accident,  paternity leave,  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, accident,  paternity leave, 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. 
   (3) An employee on maternity or paternity leave pursuant to
Section 12945.2 of the Government Code shall not be denied access to
differential pay while on that leave. 
   (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..   board.

   (f) This section shall not be construed as to deprive 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. 
   (h) To the extent that the changes made to this section by
Assembly Bill 375 of the 2015-16 Regular Session conflicts with a
provision of a collective bargaining agreement entered into by a
public school employer and an exclusive bargaining representative
before January 1, 2016, pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, the
changes made to this section by Assembly Bill 375 of the 2015-16
Regular Session shall not apply until expiration or renewal of that
collective bargaining agreement.