Amended in Senate August 18, 2016

Amended in Senate June 15, 2016

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 begin insert amend Section 89512 of, and to end insert add Section 89511 begin delete to end delete begin insert to, end insert 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 California State University to grant to any employee, upon a request that provides at least 30 days notice before commencement and, when possible, 30 days notice before the academic term, 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 organization or 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 begin delete also end delete 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. begin insert The bill would provide that the employee, upon expiration of the leave of absence, is entitled to reinstatement in the position the employee held at the time leave was granted, if it still exists, or to a comparable existing position for which the employee is qualified. end insert

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) (1) The California State University shall grant to
any employee, upon a request that provides at least 30 days notice
before commencement, 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 organization or any statewide or national public
employee organization with which the university campus
organization is affiliated.

(2) When possible, the employee shall provide the request
described in paragraph (1) at least 30 days before the start of the
academic term during which the leave will occur.

(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 Part 3 of Division 5 of Title 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 89512 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

89512.  

(a) Upon the expiration of the leave of absence granted
pursuant to Section 89510 begin insert or 89511, end insert the employee to whom the
leave of absence was granted is entitled to reinstatement in the
position begin delete he end delete begin insert the employee end insert held at the time the leave of absence was
begin delete granted him, end delete begin insert granted, end insert if the position is still in existence, or to any
other comparable existing vacant position for which begin delete he end delete begin insert the
employee end insert is qualified.

(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant
to Chapter 12 (commencing with Section 3560) of Division 4 of
Title 1 of the Government Code, the memorandum of
understanding shall be controlling without further legislative action,
except that if begin delete such end delete provisions of a memorandum of understanding
require the expenditure of funds, the provisions shall not become
effective unless approved by the Legislature in the annual Budget
Act.