Amended in Assembly April 21, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2393


Introduced by Assembly Member Campos

February 18, 2016


An act tobegin insert amend Section 44977.5 of, and toend insert add Sectionsbegin delete 45196.1end deletebegin insert 45196.1, 87780.1,end insert and 88196.1begin delete toend deletebegin insert to,end insert the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 2393, as amended, Campos. Schoolbegin delete classifiedend delete employees: sick leave: parental leave.

begin insert

Under existing law, when a person employed in a position requiring certification qualifications 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, he or she, 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 or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. Existing law also provides the differential pay benefit described above for up to 12 school weeks if the person employed in a position requiring certification qualifications is absent on account of maternity or paternity leave. Existing law provides that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of maternity or paternity leave. Existing law prohibits a person employed in a position requiring certification qualifications on maternity or paternity leave pursuant to the Moore-Brown-Roberti Family Rights Act from being denied access to differential pay while on that leave.

end insert
begin insert

This bill would additionally provide that if a school district maintains a rule that credits a person employed in a position requiring certification qualifications at least 100 working days of sick leave paid at no less than 50% of his or her regular salary, when he or she 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 person employed in a position requiring certification qualifications would be compensated at no less than 50% of his or her regular salary for a period of up to 12 weeks for parental leave.

end insert

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,begin insert takenend insert 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.

begin insert

Under existing law, when a person employed in an academic position in a community college district 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 person employed in an academic position during that additional period receives the difference between his or her salary and the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed.

end insert
begin insert

This bill would additionally provide the differential pay benefit described above for up to 12 workweeks if the person employed in an academic position is absent on account of parental leave, as defined, as specified. The bill would provide that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would additionally provide that if a community college district maintains a rule that credits a person employed in an academic position at least 100 working days of sick leave paid at no less than 50% 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 would be compensated at no less than 50% of the employee’s regular salary for a period of up to 12 weeks for parental leave.

end insert

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

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 44977.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

begin delete
3

44977.5.  

(a) During each school year, when a person employed
4in a position requiring certification qualifications has exhausted
5all available sick leave, including all accumulated sick leave, and
6continues to be absent from his or her duties on account of
7maternity or paternity leave pursuant to Section 12945.2 of the
8Government Code for a period of up to 12 school weeks, whether
9or not the absence arises out of or in the course of the employment
10of the employee, the amount deducted from the salary due him or
11her for any of the additional 12 weeks in which the absence occurs
12shall not exceed the sum that is actually paid a substitute employee
13employed to fill his or her position during his or her absence or,
14if no substitute employee was employed, the amount that would
15have been paid to the substitute had he or she been employed. The
P4    1school district shall make every reasonable effort to secure the
2services of a substitute employee.

end delete
3begin insert

begin insert44977.5.end insert  

end insert
begin insert

(a) (1) Notwithstanding any other law, during each
4school year, a person employed in a position requiring certification
5qualifications may use his or her sick leave for purposes of parental
6leave for a period of up to 12 workweeks.

end insert
begin insert

7
(2) When the person employed in a position requiring
8certification qualifications has exhausted all available sick leave,
9including all accumulated sick leave, and continues to be absent
10from his or her duties on account of parental leave, the amount
11deducted from the salary due him or her for any of the additional
1212 workweeks in which the absence occurs shall not exceed the
13sum that is actually paid a substitute employee employed to fill his
14or her position during his or her absence or, if no substitute
15employee was employed, the amount that would have been paid
16to a substitute had he or she been employed. The school district
17shall make every reasonable effort to secure the services of a
18substitute employee.

end insert
begin insert

19
(3) Notwithstanding paragraph (2), if a school district maintains
20a rule that credits a person employed in a position requiring
21certification qualifications with no less than 100 working days of
22sick leave paid at no less than 50 percent of his or her regular
23salary, when he or she has exhausted all available sick leave,
24including all accumulated sick leave, and continues to be absent
25from his or her duties on account of parental leave, a person
26employed in a position requiring certification qualifications shall
27be compensated at no less than 50 percent of his or her regular
28salary for a period of up to 12 weeks for parental leave.

end insert

29(b) For purposes of subdivisionbegin delete (a):end deletebegin insert (a), both of the following
30apply:end insert

31(1) The 12-week period shall be reduced by any period of sick
32leave, including accumulated sick leave, taken during a period of
33
begin delete maternity or paternity leave pursuant Section 12945.2 of the
34Government Code.end delete
begin insert parental leave.end insert

35(2) begin deleteAn employee end deletebegin insertA person employed in a position requiring
36certification qualifications end insert
shall not be provided more than one
3712-week periodbegin delete per maternity or paternity leave. However, if a
38school year terminates before the 12-week period is exhausted,
39the employee may take the balance of the 12-week period in the
P5    1subsequent school year.end delete
begin insert for paid parental leave during any
212-month period.end insert

begin delete

3(3) An employee on maternity or paternity leave pursuant to
4Section 12945.2 of the Government Code shall not be denied access
5to differential pay while on that leave.

end delete

6(c) This section shall be applicable whether or not the absence
7from duty is by reason of a leave of absence granted by the
8governing board of the employing school district.

begin delete

9(d) To the extent that this section conflicts with a provision of
10a collective bargaining agreement

end delete
begin insert

11
(d) Nothing in this section shall be construed as requiring a
12person employed in a position requiring certification qualifications
13to use his or her sick leave for the purposes of parental leave as
14a condition of retaining his or her rights to unpaid parental leave
15pursuant to Section 12945.2 of the Government Code or any other
16law.

end insert

17begin insert(e)end insertbegin insertend insertbegin insertNothing in this section shall be construed to diminish the
18obligation of a public school employer to comply with any
19collective bargaining agreement end insert
entered into by a public school
20employer and an exclusive bargaining representativebegin delete before January
211, 2016,end delete
pursuant to Chapter 10.7 (commencing with Section 3540)
22of Division 4 of Title 1 of the Governmentbegin delete Code, this section shall
23not apply until expiration or renewal of that collective bargaining
24agreement.end delete
begin insert Code that provides greater parental leave rights to
25employees than the rights established under this section.end insert

begin delete

26(e)

end delete

27begin insert(f)end insert For purposes of this section,begin delete “maternity or paternity leave”end delete
28begin insert “parental leaveend insertbegin insertend insert means leave for reason of the birth of a child of
29the employee, or the placement of a child with an employee in
30connection with the adoption or foster care of the child by the
31employee.

32

begin deleteSECTION 1.end delete
33
begin insertSEC. 2.end insert  

Section 45196.1 is added to the Education Code, to
34read:

35

45196.1.  

(a) (1) Notwithstanding any other law, during each
36school year, a classified employee may use his or her sick leave
37for purposes of parental leave for a period of up to 12 workweeks.

38(2) When the employee has exhausted all available sick leave,
39including all accumulated sick leave, and continues to be absent
40from his or her duties on account of parental leave, the amount
P6    1deducted from the salary due him or her for any of the additional
212 workweeks in which the absence occurs shall not exceed the
3sum that is actually paid a substitute employee employed to fill
4his or her position during his or her absence.

5(3) Notwithstanding paragraph (2), if a school district maintains
6a rule that credits classified employees with no less than 100
7working days of sick leave paid at no less than 50 percent of the
8employee’s regular salary, when an employee has exhausted all
9available sick leave, including all accumulated sick leave, and
10continues to be absent from his or her duties on account of parental
11leave, the employee shall be compensated at no less than 50 percent
12of the employee's regular salary for a period of up to 12 weeks for
13parental leave.

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

15(1) The 12-week period of parental leave shall be reduced by
16any period of sick leave, including accumulated sick leave, taken
17during a period of parental leave.

18(2) An employee shall not be provided more than one 12-week
19period for paid parental leave during any 12-month period.

20(c) This section shall be applicable whether or not the absence
21from duty is by reason of a leave of absence granted by the
22governing board of the employing school district.

23(d) Nothing in this section shall be construed as requiring a
24classified employee to use his or her sick leave for the purposes
25of parental leave as a condition of retaining his or her rights to
26unpaid parental leave pursuant to Section 12945.2 of the
27Government Code or any other law.

28(e)  begin deleteTo the extent that this section conflicts with a provision of
29a collective bargaining agreement end delete
begin insertNothing in this section shall be
30construed to diminish the obligation of a public school employer
31to comply with any collective bargaining agreement end insert
entered into
32by a public school employer and an exclusive bargaining
33representativebegin delete before January 1, 2017,end delete pursuant to Chapter 10.7
34(commencing with Section 3540) of Division 4 of Title 1 of the
35Governmentbegin delete Code,end deletebegin insert Code that provides greater parental leave
36rights to employees than the rights established underend insert
thisbegin delete section
37shall not apply until expiration or renewal of that collective
38bargaining agreement.end delete
begin insert section.end insert

39(f) For purposes of this section, “parental leave” means leave
40for reason of the birth of a child of the employee, or the placement
P7    1of a child with an employee in connection with the adoption or
2foster care of the child by the employee.

3begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 87780.1 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
4read:end insert

begin insert
5

begin insert87780.1.end insert  

(a) (1) Notwithstanding any other law, during each
6school year, a person employed in an academic position may use
7his or her sick leave for purposes of parental leave for a period
8of up to 12 workweeks.

9
(2) When the employee has exhausted all available sick leave,
10including all accumulated sick leave, and continues to be absent
11from his or her duties on account of parental leave, the amount
12deducted from the salary due him or her for any of the additional
1312 workweeks in which the absence occurs shall not exceed the
14sum that is actually paid a temporary employee employed to fill
15his or her position during his or her absence or, if no temporary
16employee was employed, the amount that would have been paid
17to the temporary employee had he or she been employed.

18
(3) Notwithstanding paragraph (2), if a community college
19district maintains a rule that credits a person employed in an
20academic position with no less than 100 working days of sick leave
21paid at no less than 50 percent of the employee’s regular salary,
22when an employee has exhausted all available sick leave, including
23all accumulated sick leave, and continues to be absent from his or
24her duties on account of parental leave, the employee shall be
25compensated at no less than 50 percent of the employee’s regular
26salary for a period of up to 12 weeks for parental leave.

27
(b) For purposes of subdivision (a), both of the following apply:

28
(1) The 12-week period shall be reduced by any period of sick
29leave, including accumulated sick leave, taken during a period of
30parental leave.

31
(2) An employee shall not be provided more than one 12-week
32period for paid parental leave during any 12-month period.

33
(c) This section shall be applicable whether or not the absence
34from duty is by reason of a leave of absence granted by the
35governing board of the employing community college district.

36
(d) Nothing in this section shall be construed as requiring a
37person employed in an academic position to use his or her sick
38leave for the purposes of parental leave as a condition of retaining
39his or her rights to unpaid parental leave pursuant to Section
4012945.2 of the Government Code or any other law.

P8    1
(e) Nothing in this section shall be construed to diminish the
2obligation of a public school employer to comply with any
3collective bargaining agreement entered into by a public school
4employer and an exclusive bargaining representative pursuant to
5Chapter 10.7 (commencing with Section 3540) of Division 4 of
6Title 1 of the Government Code that provides greater parental
7leave rights to employees than the rights established under this
8section.

9
(f) For purposes of this section,“parental leave” means leave
10for reason of the birth of a child of the employee, or the placement
11of a child with an employee in connection with the adoption or
12foster care of the child by the employee.

end insert
13

begin deleteSEC. 2.end delete
14
begin insertSEC. 4.end insert  

Section 88196.1 is added to the Education Code, to
15read:

16

88196.1.  

(a) (1) Notwithstanding any other law, during each
17school year, a classified employee may use his or her sick leave
18for purposes of parental leave for a period of up to 12 workweeks.

19(2) When the employee has exhausted all available sick leave,
20including all accumulated sick leave, and continues to be absent
21from his or her duties on account of parental leave, the amount
22deducted from the salary due him or her for any of the additional
2312 workweeks in which the absence occurs shall not exceed the
24sum that is actually paid a substitute employee employed to fill
25his or her position during his or her absence.

26(3) Notwithstanding paragraph (2), if a community college
27district maintains a rule that credits classified employees with no
28less than 100 working days of sick leave paid at no less than 50
29percent of the employee’s regular salary, when an employee has
30exhausted all available sick leave, including all accumulated sick
31leave, and continues to be absent from his or her duties on account
32of parental leave, the employee shall be compensated at no less
33than 50 percent of the employee’s regular salary for a period of
34up to 12 weeks for parental leave.

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

36(1) The 12-week period of parental leave shall be reduced by
37any period of sick leave, including accumulated sick leave, taken
38during a period of parental leave.

39(2) An employee shall not be provided more than one 12-week
40period for paid parental leave during any 12-month period.

P9    1(c) This section shall be applicable whether or not the absence
2from duty is by reason of a leave of absence granted by the
3governing board of the employing community college district.

4(d) Nothing in this section shall be construed as requiring a
5classified employee to use his or her sick leave for the purposes
6of parental leave as a condition of retaining his or her rights to
7unpaid parental leave pursuant to Section 12945.2 of the
8Government Code or any other law.

9(e)  begin deleteTo the extent that this section conflicts with a provision of
10a collective bargaining agreement end delete
begin insertNothing in this section shall be
11construed to diminish the obligation of a public school employer
12to comply with any collective bargaining agreement end insert
entered into
13by a public school employer and an exclusive bargaining
14representativebegin delete before January 1, 2017,end delete pursuant to Chapter 10.7
15(commencing with Section 3540) of Division 4 of Title 1 of the
16Governmentbegin delete Code,end deletebegin insert Code that provides greater parental leave
17rights to employees than the rights established underend insert
thisbegin delete section
18shall not apply until expiration or renewal of that collective
19bargaining agreement.end delete
begin insert section.end insert

20(f) For purposes of this section, “parental leave” means leave
21for reason of the birth of a child of the employee, or the placement
22of a child with an employee in connection with the adoption or
23foster care of the child by the employee.



O

    98