BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 915|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 915
          Author:   Holden (D)
          Amended:  3/19/15 in Assembly
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  8-0, 6/17/15
           AYES:  Liu, Runner, Block, Hancock, Leyva, Monning, Pan, Vidak
           NO VOTE RECORDED:  Mendoza

           ASSEMBLY FLOOR:  80-0, 5/14/15 - See last page for vote

           SUBJECT:   Public education employees:  industrial accident or  
                     illness leaves of absence:  travel restriction


          SOURCE:    Author


          DIGEST:  This bill repeals the prohibition on out-of-state  
          travel for school and community college employees who are  
          receiving industrial injury leave benefits.


          ANALYSIS:   


          Existing law:

          1)Provides workers' compensation benefits, including temporary  
            disability benefits when employees are temporarily unable to  
            work, for any employee who suffers an injury or condition that  
            arises out of or in the course of employment.









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          2)Provides a temporary disability benefit of 2/3 of the  
            employee's average weekly pay, subject to a current maximum  
            weekly benefit of $1,066.  


          3)Requires school districts and community colleges to adopt  
            rules granting their employees industrial injury leave  
            benefits of at least 60 days at full pay, without a cap.


          4)Provides that school employees receiving industrial leave  
            benefits cannot leave the state without the authorization of  
            the employing school district governing board or governing  
            board of the community college district, as applicable.


          This bill:

          1)Repeals the provision in existing law that prohibits  
            classified and certificated K-12 school employees, absent  
            authorization from the school district governing board, from  
            traveling out-of-state during any period when the employee is  
            receiving industrial injury leave benefits.


          2)Repeals the provision in existing law that prohibits academic  
            and non-academic community college employees, absent  
            authorization from the governing board of the community  
            college district, from traveling out-of-state during any  
            period when the employee is receiving industrial injury leave  
            benefits.


          Comments

          Need for the bill.  According to the author's office, existing  
          law prohibits classified and certificated employees, who are on  
          industrial accident or illness leave and receiving workers'  
          compensation, from traveling outside the state unless the  
          governing board approves the travel.  The Education Code and the  
          Labor Code each has a special workers' compensation-like  
          statutory benefit for certain employees, but only the Education  
          Code limits out-of-state travel for those employees while they  







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          are receiving the benefit.  This bill is intended to align the  
          rules governing industrial accident or illness leaves of absence  
          for employees between the Education Code and the Labor Code and  
          ensure that classified and certificated employees are able to  
          travel outside of the state without having to seek the governing  
          board's approval.  The author's office further argues that  
          artificial limitations on travel for injured employees who may  
          need to travel out-of-state for any number of valid reasons  
          makes little sense.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/18/15)


          California Federation of Teachers
          California Labor Federation
          California School Employees Association
          California Teachers Association


          OPPOSITION:   (Verified6/18/15)


          Association of California School Administrators
          Orange County Department of Education


          ASSEMBLY FLOOR:  80-0, 5/14/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins







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          Prepared by:Lenin Del Castillo / ED. / (916) 651-4105
          6/18/15 14:14:12


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