BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 375


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          ASSEMBLY THIRD READING


          AB  
          375 (Campos)


          As Amended  May 4, 2015


          Majority vote


           ----------------------------------------------------------------- 
          |Committee       |Votes |Ayes                  |Noes              |
          |                |      |                      |                  |
          |                |      |                      |                  |
          |----------------+------+----------------------+------------------|
          |Education       |6-0   |O'Donnell, Chávez,    |                  |
          |                |      |McCarty, Santiago,    |                  |
          |                |      |Thurmond, Weber       |                  |
          |                |      |                      |                  |
          |----------------+------+----------------------+------------------|
          |Appropriations  |12-4  |Gomez, Bonta,         |Bigelow,          |
          |                |      |Calderon, Daly,       |Gallagher, Jones, |
          |                |      |Eggman, Eduardo       |Wagner            |
          |                |      |Garcia, Gordon,       |                  |
          |                |      |Holden, Quirk,        |                  |
          |                |      |Rendon, Weber, Wood   |                  |
          |                |      |                      |                  |
          |                |      |                      |                  |
           ----------------------------------------------------------------- 


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










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          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 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  
            Government Code Section 12945.2 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.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, unknown Proposition 98 (1988)/General Fund state  
          mandated reimbursable costs associated with the expansion of the  
          existing Differential Pay and Reemployment mandate. 









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          This bill results in increased employer costs to provide  
          differential pay to employees not currently eligible for this  
          benefit.  Employer costs based on the differential pay program  
          should not exceed what is normally paid to a school employee who  
          would otherwise be working; however, this bill may place  
          additional cost pressures on school district budgets to the extent  
          they no longer experience cost savings as a result of not paying  
          employees during a leave of absence due to maternity and paternity  
          leave.  


          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.


          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 bond 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 six to eight 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 six to  








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          eight 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. 



          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 [be] 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."



          Arguments in Opposition:  None on file








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          Analysis Prepared by:                                               
          Chelsea Kelley / ED. / (916) 319-2087  FN: 0000548