BILL NUMBER: AB 375	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 8, 2015
	AMENDED IN ASSEMBLY  MAY 4, 2015

INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 18, 2015

   An act to  amend   add  Section 
44977 of   44977.5 to  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  up to  5 school months, the employee
during  those 5 months   that additional period
 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   additionally 
provide the differential pay benefit described above  for up to
12 weeks  if the certificated school employee is absent on
account of  illness, accident, paternity leave, or 
maternity  or paternity  leave,  as defined,  as
specified.  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.  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
  provisions  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   these provisions
 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 44977.5 is added to the 
 Education Code   , to read:  
   44977.5.  (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.  
  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.