BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 375


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          Date of Hearing:  May 13, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 375  
          Campos - As Amended May 4, 2015


          SUBJECT:  School employees: sick leave: paternity and maternity  
          leave.


          SUMMARY:  Requires certificated school employees on maternity or  
          paternity leave to receive differential pay.  Specifically, this  
          bill specifies:  


          1)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, maternity leave or paternity 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; and, specifies an  
            employee shall not be provided more than one five-month period  
            per illness, accident, maternity leave or paternity leave.  
            However, if a school year terminates before the five-month  








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            period is exhausted, the employee may take the balance of the  
            five-month period in a subsequent school year.


          2)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.


          3)To the extent that the changes made by this measure conflict  
            with a provision of a collective bargaining agreement entered  
            into by a public school employer and an exclusive bargaining  
            representative before January 1, 2016, the changes made by  
            this measure shall not apply until expiration or renewal of  
            that collective bargaining agreement.


          EXISTING LAW:  






          1)Specifies 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 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.  








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            Specifies the following:



             a)   The sick leave, including accumulated sick leave, and  
               the five-month period shall run consecutively.



             b)   An employee shall not be provided more than one  
               five-month period per illness or accident. 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. (Education  
               Code (EC) 44977)



          2)Specifies that Section 44977 shall not apply to any school  
            district which adopts and maintains in effect a rule which  
            provides that when a person employed in a position requiring  
            certification qualifications is absent from his duties on  
            account of illness or accident for a period of five school  
            months or less whether or not the absence arises out of or in  
            the course of the employment of the employee, he shall receive  
            50 percent or more of his regular salary during the period of  
            such absence and nothing in Section 44977 shall be construed  
            as preventing the governing board of any district from  
            adopting any such rule. Notwithstanding the foregoing, when a  
            person employed in a position requiring certification  
            qualifications is absent from his duties on account of illness  
            for a period of more than five school months, or when a person  
            is absent from his duties for a cause other than illness, the  
            amount deducted from the salary due him for the month in which  
            the absence occurs shall be determined according to the rules  
            and regulations established by the governing board of the  
            district. Such rules and regulations shall not conflict with  
            rules and regulations of the State Board of Education.   
            Nothing shall be construed so as to deprive any district,  








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            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 requiring certification qualifications. This 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 district. (EC 44983)



          3)Authorizes eligible employees to take up to 12 weeks of unpaid  
            family and medical leave, including leave for the birth or  
            adoption of a child, leave to care for specified family  
            members with a serious health condition, or for the employee's  
            own serious health condition.


          FISCAL EFFECT:  This bill is keyed nonfiscal; however the Rules  
          Committee has deemed that this bill shall be referred to the  
          Appropriations Committee upon passage of this committee.


          


          COMMENTS:  The Moore-Brown-Roberti Family Rights Act (CFRA) is  
          the state-law equivalent of the federal Family and Medical Leave  
          Act (FMLA).  Both acts provide for up to 12 weeks of unpaid  
          family and medical leave for public and private employees. This  
          bill requires school employers to pay differential pay for  
          certificated employees who take the 12 week FMLA maternity or  
          paternity leave. Differential pay is calculated by subtracting  
          the cost of a substitute employee from the certificated  
          employee's salary. As an example, if the certificated employee  
          made $50,000 and the substitute cost $35,000, then the  
          certificated employee would be paid the difference of $15,000  
          during maternity or paternity leave, after exhausting all  
          accrued sick time.









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          According to the author, currently, certificated school  
          employees can only take up to six or eight weeks of paid leave  
          when they have a baby.  Six or eight weeks is insufficient time  
          for a new parent to care for and bon with their child.  If a  
          certificated employee wants to take off more time to spend with  
          their newborn, then they must take unpaid leave.

          Disability Leave and FMLA: Typically, mothers are on pregnancy  
          disability leave during the first 6-8 weeks, or longer, after a  
          baby's birth. During this time, certificated employees use their  
          sick leave and when their sick leave is exhausted, they receive  
          differential pay for the remaining time. Once the 6-8 week  
          disability leave period is over and the employee's doctor deems  
          the employee able to return to work, then the employee starts  
          the 12 week leave period under FMLA. During this time, the  
          certificated employee may be able to use accrued sick leave, but  
          once that time is exhausted, the certificated employee is unpaid  
          for the remaining weeks. This bill would extend the differential  
          pay through the 12 week leave period under FMLA for both mothers  
          and fathers. 

          Parental Leave in the United States and Other Countries: A 2010  
          study by the International Labor Organization of the United  
          Nations found that out of 167 countries studied, 97 percent  
          provide paid maternity leave for women. Only four out of the 167  
          countries studied did not: Lesotho, Papua New Guinea, Swaziland  
          and the United States. Australia was also listed in this study  
          as not providing paid maternity leave, but their policy recently  
          changed and parents there currently receive 18 weeks of paid  
          leave. While these four countries did provide some form of  
          maternity leave there was no requirement that it be paid leave.   
          U.S. federal law provides for up to three months of unpaid  
          maternity and/or paternity leave.  The U.S. is the only  
          industrialized nation that doesn't mandate that parents of  
          newborns get paid leave.








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          Examples of countries with progressive paid maternity/paternity  
          leave laws include Ireland with 6.5 months of paid leave, Italy  
          with five months of paid leave, England with nearly 10 months of  
          paid leave, and Sweden with nearly 16 months of paid leave.


          Arguments in Support: The California Teachers Association  
          supports the bill and states, "Maternity leave is essential, not  
          only for a mother's full recovery from childbirth, but also to  
          facilitate a stronger mother-child bond. A child's ability to  
          succeed in school and in life is impacted by the strength of the  
          relationship with the primary caretaker. This relationship  
          impacts a child's future mental, physical, social, and emotional  
          health. Additionally, this relationship is founded on the  
          nonverbal emotional communication between child and parent known  
          as the attachment bond, which occurs naturally as a baby's needs  
          are cared for. A secure attachment bond ensures that a child  
          will feel secure, understood, and safe; this results in  
          eagerness to learn, healthy self-awareness, trust, and empathy.

          Overall, paid family leave helps keep people in the workforce  
          after they have children. When more workers are able to take  
          leave, they're more likely to choose to remain in the labor  
          market, and paid parental leave is associated with higher  
          employment in economies around the world. With today's modern  
          and creative family structures, paternity leave after the birth  
          of a child means both caregivers will more involved in a child's  
          direct care nine months later - changing diapers, feeding,  
          bathing - than a parent who doesn't take leave. Also, paternity  
          leave results in more competent and committed parents later in  
          their children's lives, shared responsibilities with long term  
          societal benefits."

          Previous Legislation: AB 1562 (Gomez) from 2014, which was held  
          on the Senate Appropriations Suspense file, would have amended  
          existing law governing unpaid family and medical leave with  
          respect to public or private school employees, as specified.  









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          American Federation of State, County and Municipal Employees


          California Democrats for Education Reform


          California Federation of Teachers


          California Teachers Association


          Luther Burbank Education Association


          San Jose Teachers Association


          South Bay Labor Council


          United Teachers of Santa Clara


          Several individuals










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          Opposition


          None on file.




          Analysis Prepared by:Chelsea Kelley / ED. / (916) 319-2087