Amended in Senate July 8, 2015

Amended in Assembly May 4, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 375

Introduced by Assembly Member Campos

February 18, 2015

An act to begin delete amend end delete begin insert add end insert Section begin delete 44977 of end delete begin insert 44977.5 to end insert 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 begin insert up to end insert 5 school months, the employee during begin delete those 5 months end delete begin insert that additional period end insert 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 begin delete instead end delete begin insert additionally end insert provide the differential pay benefit described above begin insert for up to 12 weeks end insert if the certificated school employee is absent on account of begin delete illness, accident, paternity leave, or end delete maternity begin insert or paternity end insert leave, begin insert as defined, end insert as specified. begin insert The bill would provide that the 12-week period be reduced by any period of sick leave, including accumulated sick leave, during a period of maternity or paternity leave. end 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 begin delete changes end delete begin insert provisions end insert 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, begin delete the changes end delete begin insert these provisions end insert 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 44977.5 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

begin insert

begin insert 44977.5. end insert   

(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
maternity or paternity leave pursuant to Section 12945.2 of the
Government Code for a period of up to 12 school weeks, 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 12 weeks 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 12-week period shall be reduced by any period of sick
leave, including accumulated sick leave, taken during a period of
maternity or paternity leave pursuant Section 12945.2 of the
Government Code.

(2) An employee shall not be provided more than one 12-week
period per maternity or paternity leave. However, if a school year
terminates before the 12-week period is exhausted, the employee
may take the balance of the 12-week period in the 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) 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.

(d) To the extent that this section 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,
this section shall not apply until expiration or renewal of that
collective bargaining agreement.

(e) For purposes of this section, “maternity or paternity leave”
means leave for reason of the birth of a child of the employee, or
the placement of a child with an employee in connection with the
adoption or foster care of the child by the employee.

end insert

begin delete

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.

(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.

end delete