BILL NUMBER: AB 915	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Holden

                        FEBRUARY 26, 2015

   An act to amend Section 45192 of the Education Code, relating to
classified school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 915, as introduced, Holden. School employees: classified
service: industrial accident or illness leaves of absence: travel
restriction..
   Existing law requires the governing board of a school district to
provide by rules and regulations for industrial accident or illness
leaves of absence for employees who are a part of the classified
service. Existing law requires an employee receiving benefits
pursuant to these provisions to remain within California during
periods of injury or illness, unless the governing board authorizes
travel outside the state.
   This bill would remove the travel restriction on an employee
receiving these benefits.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 45192 of the Education Code is amended to read:

   45192.   Governing boards of school districts 
 (a)     The governing board of a school
district  shall provide by rules and regulations for industrial
accident or illness leaves of absence for employees who are a part of
the classified service. The governing board of  any
  a  district  which   that
 is created or whose boundaries or status is changed by an
action to organize or reorganize districts completed after the
effective date of this section shall provide by rules and regulations
for these leaves of absence on or before the date on which the
organization or reorganization of the district becomes effective for
all purposes  as provided in Section 4064  .

   The 
    (b)     The  rules and regulations
shall include the following provisions: 
   (a) 
    (1) Allowable leave shall not be for less than 60
working days in any one fiscal year for the same accident. 
   (b) 
    (2)  Allowable leave shall not be accumulative from year
to year. 
   (c) 
    (3)  Industrial accident or illness leave will commence
on the first day of absence. 
   (d) 
    (4)  Payment for wages lost on any day shall not, when
added to an award granted the employee under the workers'
compensation laws of this state, exceed the normal wage for the day.

   (e) 
    (5)  Industrial accident leave will be reduced by one
day for each day of authorized absence regardless of a compensation
award made under workers' compensation. 
   (f) 
    (6)  When an industrial accident or illness occurs at a
time when the full 60 days will overlap into the next fiscal year,
the employee shall be entitled to only that amount remaining at the
end of the fiscal year in which the injury or illness occurred, for
the same illness or injury. 
   The 
    (c)     The  industrial accident or
illness leave of absence is to be used in lieu of entitlement
acquired under Section 45191. When entitlement to industrial accident
or illness leave has been exhausted, entitlement or other sick leave
will then be used; but if an employee is receiving workers'
compensation the person shall be entitled to use only so much of the
person's accumulated or available sick leave, accumulated
compensating time, vacation or other available leave  which,
  that,  when added to the workers' compensation
award, provide for a full day's wage or salary. 
   The 
    (d)     The  governing board  of a
district  may, by rule or regulation, provide for as much
additional leave of absence, paid or unpaid, as it deems appropriate
and during this leave the employee may return to the person's
position without suffering any loss of status or benefits. The
employee shall be notified, in writing, that available paid leave has
been exhausted, and shall be offered an opportunity to request
additional leave. 
   Periods 
    (e)     A period  of leave of absence,
paid or unpaid, shall not be considered to be a break in service of
the employee. 
   During all paid leaves 
      (f)     During a paid leave
 of absence, whether industrial accident leave as provided in
this section, sick leave, vacation, compensated time  off
  off,  or other available leave provided by law or
the action of a governing board, the employee shall endorse to the
district wage loss benefit checks received under the workers'
compensation laws of this state. The district, in turn, shall issue
the employee appropriate warrants for payment of wages or salary and
shall deduct normal retirement and other authorized contributions.
Reduction of entitlement to leave shall be made only in accordance
with this section. 
   When 
    (g)     When  all available leaves of
absence, paid or unpaid, have been exhausted and if the employee is
not medically able to assume the duties of the person's position, the
person shall, if not placed in another position, be placed on a
reemployment list for a period of 39 months. When available, during
the 39-month period, the person shall be employed in a vacant
position in the class of the person's previous assignment over all
other available candidates except for a reemployment list established
because of lack of work or lack of funds, in which case the person
shall be listed in accordance with appropriate seniority regulations.

   The 
    (h)     The  governing board  of a
district  may require that an employee serve or have served
continuously a specified period of time with the district before the
benefits provided by this section are made available to the person
provided that this period shall not exceed three years and that all
service of an employee prior to the effective date of this section
shall be credited in determining compliance with the requirement.

   Any employee receiving benefits as a result of this section shall,
during periods of injury or illness, remain within the State of
California unless the governing board authorizes travel outside the
state.  
   In 
    (i)     In  the absence of rules and
regulations adopted by the governing  board,  
board of a district,  pursuant to this section, an employee
shall be entitled to industrial and accident or illness leave as
provided in this section but without limitation as to the number of
days of this leave and without any requirement of a specified period
of service. 
   An 
    (j)     An  employee who has been
placed on a reemployment list, as provided  herein, 
 in this section,  who has been medically released for
return to duty and who fails to accept an appropriate assignment
shall be dismissed. 
   This 
    (k)     This  section shall apply to
districts that have adopted the merit system in the same manner and
effect as if it were a part of Article 6 (commencing with Section
45240)  of this chapter  .