BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 375|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 375
          Author:   Campos (D)
          Amended:  7/8/15 in Senate
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  8-1, 6/24/15
           AYES:  Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak
           NOES:  Runner

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 8/27/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           ASSEMBLY FLOOR:  58-22, 6/1/15 - See last page for vote

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


          SOURCE:    Author


          DIGEST:  This bill requires certificated school employees on  
          maternity or paternity leave to receive differential pay for up  
          to 12 weeks of unpaid family and medical leave.


          ANALYSIS:   


          Existing law:

          1)Specifies during each school year, when a person employed in a  








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            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 to 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.  
            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 § 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. 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  







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            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, 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. (Education  
            Code § 44983)

          This bill:

          1)Provides that, 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 maternity leave or paternity leave for a period of up to  
            twelve school weeks, 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 twelve  
            weeks 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.


          2)Specifies that the 12-week period shall be reduced by any  
            period of sick leave, including accumulated sick leave, taken  
            during a period of maternity or paternity leave, as specified.


          3)Specifies that an employee shall not be provided more than one  
            12-week period per 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  
            12-week period in a subsequent school year.


          4)Provides that an employee on maternity or paternity leave  
            pursuant to Section 12945.2 of the Government Code shall not  







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            be denied access to differential pay while on that leave.


          5)Provides that these provisions 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.


          6)To the extent that the changes made by this bill 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, this bill shall not  
            apply until expiration or renewal of that collective  
            bargaining agreement.


          7)Provides that for purposes of this section, maternity or  
            paternity leave means leave for reason of the birth of a child  
            of the employee, or the placement of a child with an employee  
            in connection with the adoption or foster care of the child by  
            the employee.


          Comments


          Need for the bill.  According to the author's office, "Forcing  
          teachers and other certificated employees to take entirely  
          unpaid leave after only six or eight weeks of maternity leave,  
          or none in the case of a new father, can lead to several issues  
          for the employee, the school district, and society.  Less  
          parental leave has been positively correlated with lower  
          cognitive test scores and higher rates of behavioral problems.   
          A lack of proper postpartum support in the form of reasonable  
          parental leave tends to lead to a delay in childhood  
          immunizations, a decrease in the duration and likelihood of  
          breastfeeding, increased financial hardship, and a higher chance  
          of postpartum depression."  The author's office indicates that  
          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.

          Protected leave.  The federal Family Medical Leave Act (FMLA)  







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          and the California Family Rights Act (CFRA) provide certain  
          employees up to 12 weeks of unpaid, job-protected leave a year  
          for the purpose of bonding with a child, care for a parent,  
          spouse, or child with a serious health condition, or due to an  
          employee's own serious health condition, and requires group  
          health benefits to be maintained during the leave as if  
          employees continued to work instead of taking leave.  But there  
          is no pay associated with the FMLA and CFRA, other than what the  
          employee has earned in other accrued leaves that may apply.  The  
          FMLA and CFRA are only employment protected leaves.

          Paid Family Leave (PFL).  The PFL program extends disability  
          compensation to individuals (male or female) who take time off  
          work to care for a seriously ill child, spouse, parent, domestic  
          partner, or to bond with a new child, or a child in connection  
          with adoption or foster care placement.  The PFL program is a  
          component of the State Disability Insurance (SDI) program and  
          workers covered by the SDI program are also covered for this  
          benefit.  The maximum benefit is six times the weekly benefit  
          amount, with no more than six weeks of PFL benefits paid within  
          any 12-month period.  Employees may only be eligible for the PFL  
          program if they are covered by the SDI program through a  
          negotiated agreement with the State of California.  If an  
          employee does not pay into the SDI program, he or she would not  
          be eligible to receive disability compensation under PFL.  In  
          this scenario and assuming the employee is on leave for bonding  
          time, the employee would need to use vacation time, sick leave,  
          or personal necessity to receive compensation or elect to take  
          leave without pay.  

          Differential pay.  Existing law authorizes that during the time  
          a certificated employee is on pregnancy disability leave after  
          the birth of a child, the employee may use sick leave and after  
          this is exhausted, can receive differential pay for the  
          remaining time.  Once the disability leave period of six to  
          eight weeks is over, then the employee may start 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 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  







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          the cost of a substitute employee from the certificated  
          employee's salary, e.g., if the certificated employee makes  
          $50,000 and the substitute cost is $35,000, then the employee  
          would be paid the difference of $15,000 during maternity or  
          paternity leave, after exhausting all accrued sick time.

          Paid parental leave in other countries.  A 2010 study by the  
          International Labor Organization of the United Nations found  
          that out of 167 countries studied, only four did not provide  
          paid maternity leave for women-Lesotho, Papua New Guinea,  
          Swaziland, and the United States.  While these four countries  
          did provide some form of maternity leave, there was no  
          requirement that it be paid leave.  As previously mentioned in  
          the analysis, the FMLA provides for up to three months of unpaid  
          maternity and/or paternity leave.
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No

          According to the Senate Appropriations Committee, this bill  
          could result in the potential expansion of the existing  
          Differential Pay and Reemployment mandate for one-time  
          activities to modify current processes to include differential  
          pay for maternity and paternity protected leave which could  
          drive costs in the tens of thousands statewide.  To the extent  
          this bill imposes a mandate, this could create pressure to  
          increase the K-12 mandate block grant.  


          SUPPORT:   (Verified8/29/15)


          American Federation of State, County and Municipal Employees 
          California Democrats for Education Reform
          California Federation of Teachers
          California Teachers Association
          Future is Now
          Luther Burbank Education Association
          San Jose Teachers Association
          South Bay Labor Council
          South Bay Pride at Work
          United Teachers of Santa Clara









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          OPPOSITION:   (Verified8/27/15)


          Association of California School Administrators
          California School Boards Association

          ASSEMBLY FLOOR:  58-22, 6/1/15
          AYES:  Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon,  
            Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,  
            Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia,  
            Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández,  
            Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez,  
            Low, Mathis, McCarty, Medina, Mullin, Nazarian, O'Donnell,  
            Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams,  
            Wood, Atkins
          NOES:  Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,  
            Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones,  
            Kim, Maienschein, Mayes, Melendez, Obernolte, Patterson,  
            Steinorth, Wagner, Waldron

          Prepared by:Lenin Del Castillo / ED. / (916) 651-4105
          8/31/15 8:54:56


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