BILL NUMBER: AB 2393	INTRODUCED
	BILL TEXT


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.