Amended in Assembly March 19, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 915


Introduced by Assembly Member Holden

February 26, 2015


An act to amendbegin delete Section 45192end deletebegin insert Sections 44984, 45192, 87787, and 88192end insert of the Education Code, relating tobegin delete classified schoolend deletebegin insert public educationend insert employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 915, as amended, Holden. begin deleteSchool end deletebegin insertPublic education end insertemployees:begin delete classified service:end delete industrial accident or illness leaves of absence: travelbegin delete restriction..end deletebegin insert restriction.end insert

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 classifiedbegin delete service.end deletebegin insert service and for all certificated employees. Existing law requires the governing board of a community college district to provide by rules and regulations for industrial accident or illness leaves of absence for employees who are part of the classified service and for all academic employees.end insert 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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 44984 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

44984.  

begin deleteGoverning boards of school districts end deletebegin insert(a)end insertbegin insertend insertbegin insertThe governing
4board of a school district end insert
shall provide by rules and regulations
5for industrial accident and illness leaves of absence for all
6certificated employees. The governing board ofbegin delete anyend deletebegin insert aend insert districtbegin delete whichend delete
7begin insert thatend insert is created or whose boundaries or status is changed by an
8action to organize or reorganize districts completed after the
9effective date of this section shall provide by rules and regulations
10forbegin delete suchend deletebegin insert theseend insert leaves of absence on or before the date on which
11the organization or reorganization of the district becomes effective
12for allbegin delete purposes as provided in Section 4064.end deletebegin insert purposes.end insert

begin delete

13Such rules

end delete

14begin insert(b)end insertbegin insertend insertbegin insertThe rulesend insert or regulations shall include the following
15provisions:

begin delete

16a.

end delete

17begin insert(1)end insert Allowable leave shall be for not less than 60 days during
18which the schools of the district are required to be in session or
19when the employee would otherwise have been performing work
20for the district in any one fiscal year for the samebegin delete accident;end delete
21begin insert accident.end insert

begin delete

22b.

end delete

23begin insert(2)end insert Allowable leave shall not be accumulated from year tobegin delete year;end delete
24begin insert year.end insert

begin delete

25c.

end delete

26begin insert(3)end insert Industrial accident or illness leave shall commence on the
27first day ofbegin delete absence;end deletebegin insert absence.end insert

begin delete

28d.

end delete

29begin insert(4)end insertbegin insertend insertbegin insert(A) end insertbegin insertend insertWhen a certificated employee is absent from hisbegin insert or herend insert
30 duties on account of an industrial accident or illness, hebegin insert or sheend insert
31 shall be paidbegin delete suchend deletebegin insert theend insert portion of the salary due himbegin insert or herend insert for any
32month in which the absence occurs as, when added to hisbegin insert or herend insert
33 temporary disability indemnity under Division 4 or Division 4.5
34of the Labor Code, will result in a payment to himbegin insert or herend insert of not
35more than hisbegin insert or herend insert fullbegin delete salary;end deletebegin insert salary.end insert

begin delete

36The

end delete

37begin insert(B)end insertbegin insertend insertbegin insertTheend insert phrase “full salary” as utilized in this subdivision shall
38be computed so that it shall not be less than the employee’s
P3    1“average weekly earnings” as that phrase is utilized in Section
24453 of the Labor Code. For purposes of this section, however,
3the maximum and minimum average weekly earnings set forth in
4Section 4453 of the Labor Code shall otherwise not be deemed
5applicable.

begin delete

6e.

end delete

7begin insert(5)end insert Industrial accident or illness leave shall be reduced by one
8day for each day of authorized absence regardless of a temporary
9disability indemnitybegin delete award;end deletebegin insert award.end insert

begin delete

10f.

end delete

11begin insert(6)end insert When an industrial accident or illness leave overlaps into
12the next fiscal year, the employee shall be entitled to only the
13amount of unused leave due himbegin insert or herend insert for the same illness or
14injury.

begin delete

15Upon

end delete

16begin insert(c)end insertbegin insertend insertbegin insertUponend insert termination of the industrial accident or illness leave,
17the employee shall be entitled to the benefits provided in Sections
1844977, 44978 and 44983, and for the purposes of each of these
19sections,begin delete hisend deletebegin insert the employee’send insert absence shall be deemed to have
20commenced on the date of termination of the industrial accident
21or illness leave, provided that if the employee continues to receive
22temporary disability indemnity,begin delete heend deletebegin insert the employeeend insert may elect to take
23as much of hisbegin insert or herend insert accumulated sick leave which, when added
24to hisbegin insert or herend insert temporary disability indemnity, will result in a
25payment to himbegin insert or herend insert of not more than hisbegin insert or herend insert full salary.

begin delete

26The

end delete

27begin insert(d)end insertbegin insertend insertbegin insertTheend insert governing boardbegin insert of a districtend insert may, by rule or regulation,
28provide forbegin delete suchend deletebegin insert anend insert additional leave of absence for industrial
29accident or illness as it deems appropriate.

begin delete

30During any

end delete

31begin insert(e)end insertbegin insertend insertbegin insertDuring aend insert paid leave of absence, the employee may endorse
32to the district the temporary disability indemnity checks received
33on account ofbegin delete hisend deletebegin insert the employee’send insert industrial accident or illness. The
34district, in turn, shall issue the employee appropriate salary
35warrants for payment of the employee’s salary and shall deduct
36normal retirement, other authorized contributions, and the
37temporary disability indemnity, if any, actually paid to and retained
38by the employee for periods covered bybegin delete suchend deletebegin insert theend insert salary warrants.

begin delete

39Any employee receiving benefits as a result of this section shall,
40during periods of injury or illness, remain within the State of
P4    1California unless the governing board authorizes travel outside the
2state.

end delete
begin delete

3In

end delete

4begin insert(f)end insertbegin insertend insertbegin insertInend insert the absence of rules and regulations adopted by the
5governing boardbegin insert of a districtend insert pursuant to this sectionbegin insert,end insert an employee
6shall be entitled to industrial accident or illness leave as provided
7in this section but without limitation as to the number of days of
8begin delete suchend deletebegin insert thisend insert leave.

9

begin deleteSECTION 1.end delete
10begin insertSEC. 2.end insert  

Section 45192 of the Education Code is amended to
11read:

12

45192.  

(a) The governing board of a school district shall
13provide by rules and regulations for industrial accident or illness
14leaves of absence for employees who are a part of the classified
15service. The governing board of a district that is created or whose
16boundaries or status is changed by an action to organize or
17reorganize districts completed after the effective date of this section
18shall provide by rules and regulations for these leaves of absence
19on or before the date on which the organization or reorganization
20of the district becomes effective for all purposes.

21 (b) The rules and regulations shall include the following
22provisions:

23(1) Allowable leave shall not be for less than 60 working days
24in any one fiscal year for the same accident.

25(2) Allowable leave shall not be accumulative from year to year.

26(3) Industrial accident or illness leave will commence on the
27first day of absence.

28(4) Payment for wages lost on any day shall not, when added
29to an award granted the employee under the workers’ compensation
30laws of this state, exceed the normal wage for the day.

31(5) Industrial accident leave will be reduced by one day for each
32day of authorized absence regardless of a compensation award
33made under workers’ compensation.

34(6) When an industrial accident or illness occurs at a time when
35the full 60 days will overlap into the next fiscal year, the employee
36shall be entitled to only that amount remaining at the end of the
37fiscal year in which the injury or illness occurred, for the same
38illness or injury.

39(c) The industrial accident or illness leave of absence is to be
40used in lieu of entitlement acquired under Section 45191. When
P5    1entitlement to industrial accident or illness leave has been
2exhausted, entitlement or other sick leave will then be used; but
3if an employee is receiving workers’ compensation thebegin delete personend delete
4begin insert employeeend insert shall be entitled to use only so much of begin deletethe person’send deletebegin insert his
5or herend insert
accumulated or available sick leave, accumulated
6compensating time, vacation or other available leave that, when
7added to the workers’ compensation award, provide for a full day’s
8wage or salary.

9(d) The governing board of a district may, by rule or regulation,
10provide for as much additional leave of absence, paid or unpaid,
11as it deems appropriate and during this leave the employee may
12return tobegin delete the person’send deletebegin insert his or herend insert position without suffering any
13 loss of status or benefits. The employee shall be notified, in writing,
14that available paid leave has been exhausted, and shall be offered
15an opportunity to request additional leave.

16(e) A period of leave of absence, paid or unpaid, shall not be
17considered to be a break in service of the employee.

18(f) During a paid leave of absence, whether industrial accident
19leave as provided in this section, sick leave, vacation, compensated
20time off, or other available leave provided by law or the action of
21a governing boardbegin insert of a districtend insert, the employee shall endorse to the
22district wage loss benefit checks received under the workers’
23compensation laws of this state. The district, in turn, shall issue
24 the employee appropriate warrants for payment of wages or salary
25and shall deduct normal retirement and other authorized
26contributions. Reduction of entitlement to leave shall be made only
27in accordance with this section.

28(g) When all available leaves of absence, paid or unpaid, have
29been exhausted and if the employee is not medically able to assume
30the duties ofbegin delete the person’send deletebegin insert his or herend insert position, thebegin delete personend deletebegin insert employeeend insert
31 shall, if not placed in another position, be placed on a
32reemployment list for a period of 39 months. When available,
33during the 39-month period, thebegin delete personend deletebegin insert employeeend insert shall be employed
34in a vacant position in the class of thebegin delete person’send deletebegin insert employee’send insert previous
35assignment over all other available candidates except for a
36reemployment list established because of lack of work or lack of
37funds, in which case thebegin delete personend deletebegin insert employeeend insert shall be listed in
38accordance with appropriate seniority regulations.

39(h) The governing board of a district may require that an
40employee serve or have served continuously a specified period of
P6    1time with the district before the benefits provided by this section
2are made available to thebegin delete personend deletebegin insert employeeend insert provided that this period
3shall not exceed three years and that all service ofbegin delete anend deletebegin insert theend insert employee
4prior to the effective date of this section shall be credited in
5determining compliance with the requirement.

6(i) In the absence of rules and regulations adopted by the
7governing board of a district, pursuant to this section, an employee
8shall be entitled to industrial and accident or illness leave as
9provided in this section but without limitation as to the number of
10days of this leave and without any requirement of a specified period
11of service.

12(j) An employee who has been placed on a reemployment list,
13as provided in this section, who has been medically released for
14return to duty and who fails to accept an appropriate assignment
15shall be dismissed.

16 (k) This section shall apply to districts that have adopted the
17merit system in the same manner and effect as if it were a part of
18Article 6 (commencing with Section 45240).

19begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 87787 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
20read:end insert

21

87787.  

begin deleteGoverning boards of community college districts end delete
22begin insert(a)end insertbegin insertend insertbegin insertThe governing board of a community college district end insertshall
23provide by rules and regulations for industrial accident and illness
24leaves of absence for all academic employees. The governing board
25ofbegin delete anyend deletebegin insert aend insert districtbegin delete whichend deletebegin insert thatend insert is created or whose boundaries or status
26is changed by an action to organize or reorganize districts
27completed after January 1, 1976, shall provide by rules and
28regulations for those leaves of absence on or before the date on
29which the organization or reorganization of the district becomes
30effective.

begin delete

31The

end delete

32begin insert(b)end insertbegin insertend insertbegin insertTheend insert rules or regulations shall include all of the following
33provisions:

begin delete

34(a)

end delete

35begin insert(1)end insert Allowable leave shall be for not less than 60 days during
36which the schools of the district are required to be in session or
37when the employee would otherwise have been performing work
38for the district in any one fiscal year for the same accident.

begin delete

39(b)

end delete

40begin insert(2)end insert Allowable leave shall not be accumulated from year to year.

begin delete

P7    1(c)

end delete

2begin insert(3)end insert Industrial accident or illness leave shall commence on the
3first day of absence.

begin delete

4(d)

end delete

5begin insert(4)end insertbegin insertend insertbegin insert(A)end insert When an academic employee is absent from his or her
6duties on account of an industrial accident or illness, the employee
7shall be paid the portion of the salary due him or her for any month
8in which the absence occurs as, when added to his or her temporary
9disability indemnity under Division 4 (commencing with Section
10begin delete 3201)end deletebegin insert 3200)end insert or Division 4.5 (commencing with Section 6100) of
11the Labor Code, will result in a payment to the employee of not
12more than his or her full salary.

begin delete

13The

end delete

14begin insert(B)end insertbegin insertend insertbegin insertTheend insert phrase “full salary,” as utilized in this subdivision, shall
15be computed so that it shall not be less than the employee’s
16“average weekly earnings” as that phrase is utilized in Section
174453 of the Labor Code. For purposes of this section, however,
18the maximum and minimum average weekly earnings set forth in
19Section 4453 of the Labor Code shall otherwise not be deemed
20applicable.

begin delete

21(e)

end delete

22begin insert(5)end insert Industrial accident or illness leave shall be reduced by one
23day for each day of authorized absence regardless of a temporary
24disability indemnity award.

begin delete

25(f)

end delete

26begin insert(6)end insert When an industrial accident or illness leave overlaps into
27the next fiscal year, the employee shall be entitled to only the
28amount of unused leave due him or her for the same illness or
29injury.

begin delete

30Upon

end delete

31begin insert(c)end insertbegin insertend insertbegin insertUponend insert termination of the industrial accident or illness leave,
32the employee shall be entitled to the benefits provided in Sections
3387780, 87781 and 87786, and, for the purposes of each of these
34sections, his or her absence shall be deemed to have commenced
35on the date of termination of the industrial accident or illness leave.
36However, if the employee continues to receive temporary disability
37indemnity, he or she may elect to take as much of his or her
38accumulated sick leave which, when added to his or her temporary
39disability indemnity, will result in a payment to the employee of
40not more than his or her full salary.

begin delete

P8    1The

end delete

2begin insert(d)end insertbegin insertend insertbegin insertTheend insert governing boardbegin insert of a districtend insert, by rule or regulation, may
3provide for additional leave of absence for industrial accident or
4illness as it deems appropriate.

begin delete

5During any

end delete

6begin insert(e)end insertbegin insertend insertbegin insertDuring aend insert paid leave of absence, the employee may endorse
7to the district the temporary disability indemnity checks received
8on account of his or her industrial accident or illness. The district,
9in turn, shall issue the employee appropriate salary warrants for
10payment of the employee’s salary and shall deduct normal
11retirement, other authorized contributions, and the temporary
12disability indemnity, if any, actually paid to and retained by the
13employee for periods covered by the salary warrants.

begin delete

14Any employee receiving benefits as a result of this section,
15during periods of injury or illness, shall remain within the State
16of California unless the governing board authorizes travel outside
17the state.

end delete
begin delete

18In

end delete

19begin insert(f)end insertbegin insertend insertbegin insertInend insert the absence of rules and regulations adopted by the
20governing boardbegin insert of a districtend insert pursuant to this section, an employee
21shall be entitled to industrial accident or illness leave as provided
22in this section but without limitation as to the number of days of
23leave.

24begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 88192 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
25read:end insert

26

88192.  

begin deleteGoverning boards of community college districts end delete
27begin insert(a)end insertbegin insertend insertbegin insertThe governing board of a community college district end insertshall
28provide, by rules and regulations, for industrial accident or illness
29leaves of absence for employees who are a part of the classified
30service. The governing board ofbegin delete anyend deletebegin insert aend insert district that is created or
31whose boundaries or status is changed by an action to organize or
32reorganize districts completed after January 1, 1975, shall provide,
33by rules and regulations, forbegin delete suchend deletebegin insert theseend insert leaves of absence on or
34before the date on which the organization or reorganization of the
35district becomes effective for all purposes.

begin delete

36The

end delete

37begin insert(b)end insertbegin insertend insertbegin insertTheend insert rules and regulations shall include all of the following
38provisions:

begin delete

39(a)

end delete

P9    1begin insert(1)end insert Allowable leave shall not be for less than 60 working days
2in any one fiscal year for the same accident.

begin delete

3(b)

end delete

4begin insert(2)end insert Allowable leave shall not be accumulative from year to year.

begin delete

5(c)

end delete

6begin insert(3)end insert Industrial accident or illness leave of absence will commence
7on the first day of absence.

begin delete

8(d)

end delete

9begin insert(4)end insert Payment for wages lost on any day shall not, when added
10to an award granted the employee under the workers’ compensation
11laws of this state, exceed the normal wage for the day.

begin delete

12(e)

end delete

13begin insert(5)end insert Industrial accident leave will be reduced by one day for each
14day of authorized absence regardless of a compensation award
15made under workers’ compensation.

begin delete

16(f)

end delete

17begin insert(6)end insert When an industrial accident or illness occurs at a time when
18the full 60 days will overlap into the next fiscal year, the employee
19shall be entitled to only that amount remaining at the end of the
20fiscal year in which the injury or illness occurred, for the same
21illness or injury.

begin delete

22The

end delete

23begin insert(c)end insertbegin insertend insertbegin insertTheend insert industrial accident or illness leave of absence is to be
24used in lieu of entitlement acquired under Section 88191. When
25entitlement to industrial accident or illness leave has been
26exhausted, entitlement to other sick leave will then be used; but if
27an employee is receiving workers’ compensation, thebegin delete personend delete
28begin insert employeeend insert shall be entitled to use only so much of thebegin delete person’send deletebegin insert his
29or herend insert
accumulated or available sick leave, accumulated
30compensating time, vacation or other available leave which, when
31added to the workers’ compensation award, provide for a full day’s
32wage or salary.

begin delete

33The

end delete

34begin insert(d)end insertbegin insertend insertbegin insertTheend insert governing boardbegin insert of a districtend insert, by rule or regulation, may
35provide for additional leave of absence, paid or unpaid, as it deems
36appropriate and during that leave the employee may return to the
37begin delete person’send deletebegin insert his or herend insert position without suffering any loss of status or
38benefits.

begin delete

39Periods

end delete

P10   1begin insert(e)end insertbegin insertend insertbegin insertA periodend insert of leave of absence, paid or unpaid, shall not be
2considered to be a break in service of the employee.

begin delete

3During all paid leaves

end delete

4begin insert(f)end insertbegin insertend insertbegin insertDuring a paid leaveend insert of absence, whether industrial accident
5leave as provided in this section, sick leave, vacation, compensated
6time off or other available leave provided by law or the action of
7a governing boardbegin insert of a districtend insert, the employee shall endorse to the
8district wage loss benefit checks received under the workers’
9compensation laws of this state. The district, in turn, shall issue
10the employee appropriate warrants for payment of wages or salary
11and shall deduct normal retirement and other authorized
12contributions. Reduction of entitlement to leave shall be made only
13in accordance with this section.

begin delete

14When

end delete

15begin insert(g)end insertbegin insertend insertbegin insertWhenend insert all available leaves of absence, paid or unpaid, have
16been exhausted and if the employee is not medically able to assume
17the duties ofbegin delete the person’send deletebegin insert his or herend insert position, thebegin delete person,end deletebegin insert employee,end insert
18 if not placed in another position, shall be placed on a reemployment
19list for a period of 39 months. When available, during the 39-month
20period, thebegin delete personend deletebegin insert employeeend insert shall be employed in a vacant position
21in the class ofbegin delete the person’send deletebegin insert his or herend insert previous assignment over all
22other available candidates except for a reemployment list
23established because of lack of work or lack of funds, in which case
24thebegin delete personend deletebegin insert employeeend insert shall be listed in accordance with appropriate
25seniority regulations.

begin delete

26The

end delete

27begin insert(h)end insertbegin insertend insertbegin insertTheend insert governing boardbegin insert of a districtend insert may require that an
28employee serve, or have served continuously, a specified period
29of time with the district before the benefits provided by this section
30are made available to thebegin delete person.end deletebegin insert employee.end insert However, that period
31shall not exceed three years. All service of an employee prior to
32the effective date of this section shall be credited in determining
33compliance with the requirement.

begin delete

34Any employee receiving benefits as a result of this section shall,
35during periods of injury or illness, remain within the State of
36California unless the governing board authorizes travel outside the
37state.

end delete
begin delete

38In

end delete

39begin insert(i)end insertbegin insertend insertbegin insertInend insert the absence of rules and regulations adopted by the
40governing boardbegin insert of a districtend insert pursuant to this section, an employee
P11   1shall be entitled to industrial and accident or illness leave as
2provided in this section but without limitation as to the number of
3days of that leave and without any requirement of a specified period
4of service.

begin delete

5An

end delete

6begin insert(j)end insertbegin insertend insertbegin insertAnend insert employee who has been placed on a reemployment list,
7as providedbegin delete herein,end deletebegin insert in this section,end insert who has been medically released
8for return to duty and who fails to accept an appropriate assignment
9shall be dismissed.

10This section shall apply to districts that have adopted the merit
11system in the same manner and effect as if it were a part of Article
123 (commencing with Section 88060).



O

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