Amended in Assembly March 19, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 915

Introduced by Assembly Member Holden

February 26, 2015

An act to amend begin delete Section 45192 end delete begin insert Sections 44984, 45192, 87787, and 88192 end insert of the Education Code, relating to begin delete classified school end delete begin insert public education end insert employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 915, as amended, Holden. begin delete School end delete begin insert Public education end insert employees: begin delete classified service: end delete industrial accident or illness leaves of absence: travel begin delete restriction.. end delete begin 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 classified begin delete service. end delete begin 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 44984 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

44984.  

begin delete Governing boards of school districts end delete begin insert (a) end insert begin insert   end insert begin insert The governing
board of a school district end insert shall provide by rules and regulations
for industrial accident and illness leaves of absence for all
certificated employees. The governing board of begin delete any end delete begin insert a end insert district begin delete which end delete
begin insert that end insert 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 begin delete such end delete begin insert these end insert leaves of absence on or before the date on which
the organization or reorganization of the district becomes effective
for all begin delete purposes as provided in Section 4064. end delete begin insert purposes. end insert

begin delete

Such rules

end delete

begin insert (b) end insert begin insert   end insert begin insert The rules end insert or regulations shall include the following
provisions:

begin delete

a.

end delete

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

begin delete

b.

end delete

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

begin delete

c.

end delete

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

begin delete

d.

end delete

begin insert (4) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert When a certificated employee is absent from his begin insert or her end insert
duties on account of an industrial accident or illness, he begin insert or she end insert
shall be paid begin delete such end delete begin insert the end insert portion of the salary due him begin insert or her end insert for any
month in which the absence occurs as, when added to his begin insert or her end insert
temporary disability indemnity under Division 4 or Division 4.5
of the Labor Code, will result in a payment to him begin insert or her end insert of not
more than his begin insert or her end insert full begin delete salary; end delete begin insert salary. end insert

begin delete

The

end delete

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

begin delete

e.

end delete

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

begin delete

f.

end delete

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

begin delete

Upon

end delete

begin insert (c) end insert begin insert   end insert begin insert Upon end insert termination of the industrial accident or illness leave,
the employee shall be entitled to the benefits provided in Sections
44977, 44978 and 44983, and for the purposes of each of these
sections, begin delete his end delete begin insert the employee’s end insert absence shall be deemed to have
commenced on the date of termination of the industrial accident
or illness leave, provided that if the employee continues to receive
temporary disability indemnity, begin delete he end delete begin insert the employee end insert may elect to take
as much of his begin insert or her end insert accumulated sick leave which, when added
to his begin insert or her end insert temporary disability indemnity, will result in a
payment to him begin insert or her end insert of not more than his begin insert or her end insert full salary.

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert governing board begin insert of a district end insert may, by rule or regulation,
provide for begin delete such end delete begin insert an end insert additional leave of absence for industrial
accident or illness as it deems appropriate.

begin delete

During any

end delete

begin insert (e) end insert begin insert   end insert begin insert During a end insert paid leave of absence, the employee may endorse
to the district the temporary disability indemnity checks received
on account of begin delete his end delete begin insert the employee’s end insert industrial accident or illness. The
district, in turn, shall issue the employee appropriate salary
warrants for payment of the employee’s salary and shall deduct
normal retirement, other authorized contributions, and the
temporary disability indemnity, if any, actually paid to and retained
by the employee for periods covered by begin delete such end delete begin insert the end insert salary warrants.

begin delete

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.

end delete begin delete

In

end delete

begin insert (f) end insert begin insert   end insert begin insert In end insert the absence of rules and regulations adopted by the
governing board begin insert of a district end insert pursuant to this section begin insert , end insert an employee
shall be entitled to industrial accident or illness leave as provided
in this section but without limitation as to the number of days of
begin delete such end delete begin insert this end insert leave.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 45192 of the Education Code is amended to
read:

45192.  

(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 a district 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.

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

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

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

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

(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.

(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.

(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.

(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 begin delete person end delete
begin insert employee end insert shall be entitled to use only so much of begin delete the person’s end delete begin insert his
or her end insert accumulated or available sick leave, accumulated
compensating time, vacation or other available leave that, when
added to the workers’ compensation award, provide for a full day’s
wage or salary.

(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 begin delete the person’s end delete begin insert his or her end insert 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.

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

(f) During a paid leave of absence, whether industrial accident
leave as provided in this section, sick leave, vacation, compensated
time off, or other available leave provided by law or the action of
a governing board begin insert of a district end insert , 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.

(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 begin delete the person’s end delete begin insert his or her end insert position, the begin delete person end delete begin insert employee end insert
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 begin delete person end delete begin insert employee end insert shall be employed
in a vacant position in the class of the begin delete person’s end delete begin insert employee’s end insert 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 begin delete person end delete begin insert employee end insert shall be listed in
accordance with appropriate seniority regulations.

(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 begin delete person end delete begin insert employee end insert provided that this period
shall not exceed three years and that all service of begin delete an end delete begin insert the end insert employee
prior to the effective date of this section shall be credited in
determining compliance with the requirement.

(i) In the absence of rules and regulations adopted by the
governing 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.

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

(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).

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 87787 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

87787.  

begin delete Governing boards of community college districts end delete
begin insert (a) end insert begin insert   end insert begin insert The governing board of a community college district end insert shall
provide by rules and regulations for industrial accident and illness
leaves of absence for all academic employees. The governing board
of begin delete any end delete begin insert a end insert district begin delete which end delete begin insert that end insert is created or whose boundaries or status
is changed by an action to organize or reorganize districts
completed after January 1, 1976, shall provide by rules and
regulations for those leaves of absence on or before the date on
which the organization or reorganization of the district becomes
effective.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert rules or regulations shall include all of the following
provisions:

begin delete

(a)

end delete

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

begin delete

(b)

end delete

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

begin delete

(c)

end delete

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

begin delete

(d)

end delete

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

begin delete

The

end delete

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

begin delete

(e)

end delete

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

begin delete

(f)

end delete

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

begin delete

Upon

end delete

begin insert (c) end insert begin insert   end insert begin insert Upon end insert termination of the industrial accident or illness leave,
the employee shall be entitled to the benefits provided in Sections
87780, 87781 and 87786, and, for the purposes of each of these
sections, his or her absence shall be deemed to have commenced
on the date of termination of the industrial accident or illness leave.
However, if the employee continues to receive temporary disability
indemnity, he or she may elect to take as much of his or her
accumulated sick leave which, when added to his or her temporary
disability indemnity, will result in a payment to the employee of
not more than his or her full salary.

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert governing board begin insert of a district end insert , by rule or regulation, may
provide for additional leave of absence for industrial accident or
illness as it deems appropriate.

begin delete

During any

end delete

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

begin delete

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

end delete begin delete

In

end delete

begin insert (f) end insert begin insert   end insert begin insert In end insert the absence of rules and regulations adopted by the
governing board begin insert of a district end insert pursuant to this section, an employee
shall be entitled to industrial accident or illness leave as provided
in this section but without limitation as to the number of days of
leave.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 88192 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

88192.  

begin delete Governing boards of community college districts end delete
begin insert (a) end insert begin insert   end insert begin insert The governing board of a community college district end insert 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 begin delete any end delete begin insert a end insert district that is created or
whose boundaries or status is changed by an action to organize or
reorganize districts completed after January 1, 1975, shall provide,
by rules and regulations, for begin delete such end delete begin insert these end insert leaves of absence on or
before the date on which the organization or reorganization of the
district becomes effective for all purposes.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert rules and regulations shall include all of the following
provisions:

begin delete

(a)

end delete

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

begin delete

(b)

end delete

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

begin delete

(c)

end delete

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

begin delete

(d)

end delete

begin insert (4) end insert  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.

begin delete

(e)

end delete

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

begin delete

(f)

end delete

begin insert (6) end insert  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.

begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert industrial accident or illness leave of absence is to be
used in lieu of entitlement acquired under Section 88191. When
entitlement to industrial accident or illness leave has been
exhausted, entitlement to other sick leave will then be used; but if
an employee is receiving workers’ compensation, the begin delete person end delete
begin insert employee end insert shall be entitled to use only so much of the begin delete person’s end delete begin insert his
or her end insert accumulated or available sick leave, accumulated
compensating time, vacation or other available leave which, when
added to the workers’ compensation award, provide for a full day’s
wage or salary.

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert governing board begin insert of a district end insert , by rule or regulation, may
provide for additional leave of absence, paid or unpaid, as it deems
appropriate and during that leave the employee may return to the
begin delete person’s end delete begin insert his or her end insert position without suffering any loss of status or
benefits.

begin delete

Periods

end delete

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

begin delete

During all paid leaves

end delete

begin insert (f) end insert begin insert   end insert begin insert During a paid leave end insert of absence, whether industrial accident
leave as provided in this section, sick leave, vacation, compensated
time off or other available leave provided by law or the action of
a governing board begin insert of a district end insert , 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.

begin delete

When

end delete

begin insert (g) end insert begin insert   end insert begin insert When end insert all available leaves of absence, paid or unpaid, have
been exhausted and if the employee is not medically able to assume
the duties of begin delete the person’s end delete begin insert his or her end insert position, the begin delete person, end delete begin insert employee, end insert
if not placed in another position, shall be placed on a reemployment
list for a period of 39 months. When available, during the 39-month
period, the begin delete person end delete begin insert employee end insert shall be employed in a vacant position
in the class of begin delete the person’s end delete begin insert his or her end insert 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 begin delete person end delete begin insert employee end insert shall be listed in accordance with appropriate
seniority regulations.

begin delete

The

end delete

begin insert (h) end insert begin insert   end insert begin insert The end insert governing board begin insert of a district end insert 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 begin delete person. end delete begin insert employee. end insert However, that period
shall not exceed three years. All service of an employee prior to
the effective date of this section shall be credited in determining
compliance with the requirement.

begin delete

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.

end delete begin delete

In

end delete

begin insert (i) end insert begin insert   end insert begin insert In end insert the absence of rules and regulations adopted by the
governing board begin insert of a district end insert 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 that leave and without any requirement of a specified period
of service.

begin delete

An

end delete

begin insert (j) end insert begin insert   end insert begin insert An end insert employee who has been placed on a reemployment list,
as provided begin delete herein, end delete begin insert in this section, end insert who has been medically released
for return to duty and who fails to accept an appropriate assignment
shall be dismissed.

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
3 (commencing with Section 88060).