Amended in Assembly May 9, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2294

Introduced by Assembly Member Gomez

February 18, 2016

An act to add Section 89511 to the Education Code, relating to the California State University.

LEGISLATIVE COUNSEL’S DIGEST

AB 2294, as amended, Gomez. The California State University: employees: leaves of absence without loss of compensation.

Existing law establishes the California State University, under the administration of the Board of Trustees of the California State University, as one of the 3 segments of public postsecondary education in California. Existing law requires the trustees to provide by rule for the government of their appointees and employees, and authorizes the trustees to grant a leave of absence without compensation to any nonacademic employee.

This bill would require the trustees to grant to any employee, upon begin delete request, end delete begin insert a request that provides at least 30 days notice before commencement, end insert a leave of absence without loss of compensation, including retirement fund contributions, for the purpose of enabling the employee to serve as an elected officer of any California State University campus public employee begin delete organization, end delete begin insert organization end insert or begin delete of end delete any statewide or national public employee organization with which the university campus organization is affiliated. The bill would require the university or campus of the university to be reimbursed by the employee organization for all compensation paid during the leave of absence. The bill also would provide that the leave of absence without loss of compensation provided by these provisions would be in addition to the released time without loss of compensation granted to representatives of an exclusive representative for purposes of meeting and conferring or for the processing of grievances.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 89511 is added to the Education Code,
to read:

89511.  

(a) The trustees shall grant to any employee, upon
begin delete request, end delete begin insert a request that provides at least 30 days notice before
commencement, end insert a leave of absence without loss of compensation
for the purpose of enabling the employee to serve as an elected
officer of any California State University campus public employee
begin delete organization, end delete begin insert organization end insert or begin delete of end delete any statewide or national public
employee organization with which the university campus
organization is affiliated.

(b) The leave shall include, but is not limited to, absence for
purposes of attendance by the employee at periodic, stated, special,
or regular meetings of the body of the organization on which the
employee serves as an officer. Compensation during the leave shall
include retirement fund contributions required of the university or
a campus of the university as employer. Required retirement
contributions shall include the amount necessary to pay any
unfunded liability cost for the retirement plan. The employee shall
earn full service credit during the leave of absence and shall pay
member contributions as prescribed by Chapter 8 (commencing
with Section 20671) of begin delete part end delete begin insert Part end insert 3 of Division 5 of begin delete title end delete begin insert Title end insert 2 of
the Government Code. The maximum amount of the service credit
earned shall not exceed 12 calendar years. Any employee who
serves as a full-time officer of a public employee organization
shall not be eligible for disability benefits under the Public
Employees’ Retirement System while on the leave of absence.

(c) Following the university’s or campus of the university’s
payment of the employee for the leave of absence, the university
or campus of the university shall be reimbursed by the employee
organization of which the employee is an elected officer for all
compensation paid the employee on account of the leave.
Reimbursement by the employee organization shall be made within
10 days after its receipt of the certification of payment of
compensation to the employee.

(d) The leave of absence without loss of compensation provided
for by this section is in addition to the released time without loss
of compensation granted to representatives of an exclusive
representative by Section 3569 of the Government Code.