BILL NUMBER: AB 2294	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2016
	AMENDED IN SENATE  JUNE 15, 2016
	AMENDED IN ASSEMBLY  MAY 9, 2016

INTRODUCED BY   Assembly Member Gomez

                        FEBRUARY 18, 2016

   An act to  amend Section 89512 of, and to  add Section
89511  to   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 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  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.  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. 
   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.
   SEC. 2.    Section 89512 of the   Education
Code   is amended to read: 
   89512.  (a) Upon the expiration of the leave of absence granted
pursuant to Section 89510  or 89511,  the employee to whom
the leave of absence was granted is entitled to reinstatement in the
position  he   the employee  held at the
time the leave of absence was  granted him,  
granted,  if the position is still in existence, or to any other
comparable existing vacant position for which  he 
 the employee  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
 such  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.