BILL ANALYSIS Ó
AB 375
Page 1
ASSEMBLY THIRD READING
AB
375 (Campos)
As Amended May 4, 2015
Majority vote
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|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 | |
| | | | |
| | | | |
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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