California Legislature—2015–16 Regular Session

Assembly Bill No. 2393

Introduced by Assembly Member Campos

February 18, 2016

An act to add Sections 45196.1 and 88196.1 to the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 2393, as introduced, Campos. School classified employees: sick leave: parental leave.

Under existing law, when a classified school employee in certain school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. Under existing law, when a classified school employee in certain other school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives at least 50% of the employee’s regular salary.

This bill would additionally provide the differential pay benefits described above for up to 12 workweeks if the classified school employee is absent on account of parental leave, as defined. The bill would provide that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, during a period of parental leave. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2017, by a public school employer and an exclusive bargaining representative, these provisions shall not apply until the expiration or renewal of that collective bargaining agreement.

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 45196.1 is added to the Education Code,
to read:

45196.1.  

(a) (1) Notwithstanding any other law, during each
school year, a classified employee may use his or her sick leave
for purposes of parental leave for a period of up to 12 workweeks.

(2) When the employee has exhausted all available sick leave,
including all accumulated sick leave, and continues to be absent
from his or her duties on account of parental leave, the amount
deducted from the salary due him or her for any of the additional
12 workweeks in which the absence occurs shall not exceed the
sum that is actually paid a substitute employee employed to fill
his or her position during his or her absence.

(3) Notwithstanding paragraph (2), if a school district maintains
a rule that credits classified employees with no less than 100
working days of sick leave paid at no less than 50 percent of the
employee’s regular salary, when an employee has exhausted all
available sick leave, including all accumulated sick leave, and
continues to be absent from his or her duties on account of parental
leave, the employee shall be compensated at no less than 50 percent
of the employee's regular salary for a period of up to 12 weeks for
parental leave.

(b) For purposes of subdivision (a), both of the following apply:

(1) The 12-week period of parental leave shall be reduced by
any period of sick leave, including accumulated sick leave, taken
during a period of parental leave.

(2) An employee shall not be provided more than one 12-week
period for paid parental leave during any 12-month period.

(c) This section shall be applicable whether or not the absence
from duty is by reason of a leave of absence granted by the
governing board of the employing school district.

(d) Nothing in this section shall be construed as requiring a
classified employee to use his or her sick leave for the purposes
of parental leave as a condition of retaining his or her rights to
unpaid parental leave pursuant to Section 12945.2 of the
Government Code or any other law.

(e) To the extent that this section conflicts with a provision of
a collective bargaining agreement entered into by a public school
employer and an exclusive bargaining representative before January
1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540)
of Division 4 of Title 1 of the Government Code, this section shall
not apply until expiration or renewal of that collective bargaining
agreement.

(f) For purposes of this section, “parental leave” means leave
for reason of the birth of a child of the employee, or the placement
of a child with an employee in connection with the adoption or
foster care of the child by the employee.

SEC. 2.  

Section 88196.1 is added to the Education Code, to
read:

88196.1.  

(a) (1) Notwithstanding any other law, during each
school year, a classified employee may use his or her sick leave
for purposes of parental leave for a period of up to 12 workweeks.

(2) When the employee has exhausted all available sick leave,
including all accumulated sick leave, and continues to be absent
from his or her duties on account of parental leave, the amount
deducted from the salary due him or her for any of the additional
12 workweeks in which the absence occurs shall not exceed the
sum that is actually paid a substitute employee employed to fill
his or her position during his or her absence.

(3) Notwithstanding paragraph (2), if a community college
district maintains a rule that credits classified employees with no
less than 100 working days of sick leave paid at no less than 50
percent of the employee’s regular salary, when an employee has
exhausted all available sick leave, including all accumulated sick
leave, and continues to be absent from his or her duties on account
of parental leave, the employee shall be compensated at no less
than 50 percent of the employee’s regular salary for a period of
up to 12 weeks for parental leave.

(b) For purposes of subdivision (a), both of the following apply:

(1) The 12-week period of parental leave shall be reduced by
any period of sick leave, including accumulated sick leave, taken
during a period of parental leave.

(2) An employee shall not be provided more than one 12-week
period for paid parental leave during any 12-month period.

(c) This section shall be applicable whether or not the absence
from duty is by reason of a leave of absence granted by the
governing board of the employing community college district.

(d) Nothing in this section shall be construed as requiring a
classified employee to use his or her sick leave for the purposes
of parental leave as a condition of retaining his or her rights to
unpaid parental leave pursuant to Section 12945.2 of the
Government Code or any other law.

(e) To the extent that this section conflicts with a provision of
a collective bargaining agreement entered into by a public school
employer and an exclusive bargaining representative before January
1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540)
of Division 4 of Title 1 of the Government Code, this section shall
not apply until expiration or renewal of that collective bargaining
agreement.

(f) For purposes of this section, “parental leave” means leave
for reason of the birth of a child of the employee, or the placement
of a child with an employee in connection with the adoption or
foster care of the child by the employee.