BILL ANALYSIS Ó AB 375 Page 1 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: AB 375 Page 2 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. AB 375 Page 3 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 AB 375 Page 4 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 AB 375 Page 5 Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087 FN: 0000548