BILL ANALYSIS Ó
AB 375
Page 1
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