BILL ANALYSIS Ó
AB 375
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CONCURRENCE IN SENATE AMENDMENTS
AB
375 (Campos)
As Amended July 8, 2015
Majority vote
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|ASSEMBLY: | |(June 1, 2015) |SENATE: |28-12 | (September 3, |
| |58-22 | | | |2015) |
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Original Committee Reference: ED.
SUMMARY: Requires certificated school employees on maternity or
paternity leave to receive differential pay. Specifically, this
bill:
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 maternity or paternity leave for a period of up to
12 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
additional 12 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
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employed. The school district shall make every reasonable
effort to secure the services of a substitute employee.
2)Specifies 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.
3)Specifies an employee shall not be provided more than one
12-week period per maternity or paternity leave. However, if
a school year terminates before the 12-week period is
exhausted, the employee may take the balance of the 12-week
period in the subsequent school year.
4)Specifies an employee on maternity or paternity leave shall
not be denied access to differential pay while on that leave.
5)Specifies to the extent that this measure conflicts 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 measure shall not
apply until expiration or renewal of that collective
bargaining agreement.
6)Defines "maternity or paternity leave" as 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.
The Senate amendments clarify that employees are eligible for
differential pay during the 12 week period of maternity or
paternity leave.
FISCAL EFFECT: According to the Senate Appropriations
Committee, potential expansion of the existing Differential Pay
and Reemployment mandate for one-time activities to modify
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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.
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 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 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 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
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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 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."
There is no opposition on file.
Analysis Prepared by:
Chelsea Kelley / ED. / (916) 319-2087 FN:
0001876
AB 375
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