BILL NUMBER: AB 915 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2015
INTRODUCED BY Assembly Member Holden
FEBRUARY 26, 2015
An act to amend Section 45192 Sections
44984, 45192, 87787, and 88192 of the Education Code, relating
to classified school public education
employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 915, as amended, Holden. School Public
education employees: classified service:
industrial accident or illness leaves of absence: travel
restriction.. 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. 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. 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 44984 of the
Education Code is amended to read:
44984. Governing boards of school districts
(a) The governing board of a school
district shall provide by rules and regulations for industrial
accident and illness leaves of absence for all certificated
employees. 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 such
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.
purposes.
Such rules
(b) The rules or regulations
shall include the following provisions:
a.
(1) 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; accident.
b.
(2) Allowable leave shall not be accumulated from year
to year; year.
c.
(3) Industrial accident or illness leave shall commence
on the first day of absence; absence.
d.
(4) (A) When a
certificated employee is absent from his or her duties on
account of an industrial accident or illness, he or
she shall be paid such 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 or Division 4.5 of
the Labor Code, will result in a payment to him or her of
not more than his or her full salary;
salary.
The
(B) The 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.
e.
(5) Industrial accident or illness leave shall be
reduced by one day for each day of authorized absence regardless of a
temporary disability indemnity award; award.
f.
(6) 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.
Upon
(c) Upon 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, his
the em ployee's 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, he the
employee 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 him
or her of not more than his or her full salary.
The
(d) The governing board of a
district may, by rule or regulation, provide for such
an additional leave of absence for industrial
accident or illness as it deems appropriate.
During any
(e) During a paid leave of
absence, the employee may endorse to the district the temporary
disability indemnity checks received on account of his
the employee's 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 such the
salary warrants.
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
(f) 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 accident or illness leave as provided
in this section but without limitation as to the number of days of
such this leave.
SECTION 1. SEC. 2. 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 person
employee shall be entitled to use only so much
of the person's his or her 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
the person's his or her 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 of a district , 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 the person's his or her
position, the person employee 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 employee shall be employed
in a vacant position in the class of the person's
employee'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
employee 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 person employee
provided that this period shall not exceed three years and that all
service of an the 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).
SEC. 3. Section 87787 of the Education
Code is amended to read:
87787. Governing boards of community college districts
(a) The governing board of a
community college district shall provide by rules and
regulations for industrial accident and illness leaves of absence for
all academic employees. 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 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.
The
(b) The rules or regulations
shall include all of the following provisions:
(a)
(1) 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.
(b)
(2) Allowable leave shall not be accumulated from year
to year.
(c)
(3) Industrial accident or illness leave shall commence
on the first day of absence.
(d)
(4) (A) 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 3201)
3200) 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.
The
(B) The 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.
(e)
(5) Industrial accident or illness leave shall be
reduced by one day for each day of authorized absence regardless of a
temporary disability indemnity award.
(f)
(6) 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.
Upon
(c) Upon 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.
The
(d) The governing board of a
district , by rule or regulation, may provide for additional
leave of absence for industrial accident or illness as it deems
appropriate.
During any
(e) During a 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.
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.
In
(f) 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
accident or illness leave as provided in this section but without
limitation as to the number of days of leave.
SEC. 4. Section 88192 of the Education
Code is amended to read:
88192. Governing boards of community college districts
(a) The governin g
board of a community college 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 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 such
these leaves of absence on or before the date on which the
organization or reorganization of the district becomes effective for
all purposes.
The
(b) The rules and regulations
shall include all of 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 of absence
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 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 person employee shall
be entitled to use only so much of the person's
his or her 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.
The
(d) The governing board of a
district , 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 person's
his or her position without suffering any loss of status
or benefits.
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 or other
available leave provided by law or the action of a governing board
of a district , 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
his or her position, the person,
employee, 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 person
employee shall be employed in a vacant position
in the class of the person's his or her
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 employee
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. employee. 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.
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 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 that 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 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).