Amended in Senate June 9, 2016

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 to amend Section 44977.5 of, and to add Sections 45196.1, 87780.1, and 88196.1 to, the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

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

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.

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.begin insert The bill would require, if a person employed in a position requiring certification qualifications elects to receive the differential pay benefit under these provisions, his or her right to unpaid parental leave pursuant to the Moore-Brown-Roberti Family Rights Act, if any, to be reduced by the amount of time the employee receives the differential pay benefit.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, taken during a period of parental leave.begin delete 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.end deletebegin insert The bill would require, if a classified employee elects to receive the differential pay benefit under these provisions, his or her right to unpaid parental leave pursuant to the Moore-Brown-Roberti Family Rights Act, if any, to be reduced by the amount of time the employee receives the differential pay benefit.end 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.

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.begin insert The bill would require, if a person employed in an academic position elects to receive the differential pay benefit under these provisions, his or her right to unpaid parental leave pursuant to the Moore-Brown-Roberti Family Rights Act, if any, to be reduced by the amount of time the employee receives the differential pay benefit.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:

P4    1

SECTION 1.  

Section 44977.5 of the Education Code is
2amended to read:

3

44977.5.  

(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.

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
14his or 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.

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.

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

30(1) The 12-week period shall be reduced by any period of sick
31leave, including accumulated sick leave, taken during a period of
32 parental leave.

33(2) A person employed in a position requiring certification
34qualifications shall not be provided more than one 12-week period
35for paid parental leave during any 12-month period.

36(c) This section shall be applicable whether or not the absence
37from duty is by reason of a leave of absence granted by the
38governing board of the employing school district.

P5    1(d) begin insert(1)end insertbegin insertend insert Nothing in this section shall be construed as requiring
2a person employed in a position requiring certification
3 qualifications to use his or her sick leave for the purposes of
4parental leave as a condition of retaining his or her rights to unpaid
5parental leave pursuant to Section 12945.2 of the Government
6Code or any other law.

begin insert

7
(2) If a person employed in a position requiring certification
8qualifications elects to receive the differential pay benefit under
9this section, his or her right to unpaid parental leave pursuant to
10Section 12945.2 of the Government Code, if any, shall be reduced
11by the amount of time the employee receives the differential pay
12benefit.

end insert

13(e) Nothing in this section shall be construed to diminish the
14obligation of a public school employer to comply with any
15collective bargaining agreement entered into by a public school
16employer and an exclusive bargaining representative pursuant to
17Chapter 10.7 (commencing with Section 3540) of Division 4 of
18Title 1 of the Government Code that provides greater parental
19leave rights to employees than the rights established under this
20section.

21(f) For purposes of this section, “parental leave” means leave
22for reason of the birth of a child of the employee, or the placement
23of a child with an employee in connection with the adoption or
24foster care of the child by the employee.

25

SEC. 2.  

Section 45196.1 is added to the Education Code, to
26read:

27

45196.1.  

(a) (1) Notwithstanding any other law, during each
28school year, a classified employee may use his or her sick leave
29for purposes of parental leave for a period of up to 12 workweeks.

30(2) When the employee has exhausted all available sick leave,
31including all accumulated sick leave, and continues to be absent
32from his or her duties on account of parental leave, the amount
33deducted from the salary due him or her for any of the additional
3412 workweeks in which the absence occurs shall not exceed the
35sum that is actually paid a substitute employee employed to fill
36his or her position during his or her absence.

37(3) Notwithstanding paragraph (2), if a school district maintains
38a rule that credits classified employees with no less than 100
39working days of sick leave paid at no less than 50 percent of the
40employee’s regular salary, when an employee has exhausted all
P6    1available sick leave, including all accumulated sick leave, and
2continues to be absent from his or her duties on account of parental
3leave, the employee shall be compensated at no less than 50 percent
4of the employee's regular salary for a period of up to 12 weeks for
5parental leave.

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

7(1) The 12-week period of parental leave shall be reduced by
8any period of sick leave, including accumulated sick leave, taken
9during a period of parental leave.

10(2) An employee shall not be provided more than one 12-week
11period for paid parental leave during any 12-month period.

12(c) This section shall be applicable whether or not the absence
13from duty is by reason of a leave of absence granted by the
14governing board of the employing school district.

15(d) begin insert(1)end insertbegin insertend insert Nothing in this section shall be construed as requiring
16a classified employee to use his or her sick leave for the purposes
17of parental leave as a condition of retaining his or her rights to
18unpaid parental leave pursuant to Section 12945.2 of the
19Government Code or any other law.

begin insert

20
(2) If a classified employee elects to receive the differential pay
21benefit under this section, his or her right to unpaid parental leave
22pursuant to Section 12945.2 of the Government Code, if any, shall
23be reduced by the amount of time the employee receives the
24differential pay benefit.

end insert

25(e) Nothing in this section shall be construed to diminish the
26obligation of a public school employer to comply with any
27collective bargaining agreement entered into by a public school
28employer and an exclusive bargaining representative pursuant to
29Chapter 10.7 (commencing with Section 3540) of Division 4 of
30Title 1 of the Government Code that provides greater parental
31leave rights to employees than the rights established under this
32 section.

33(f) For purposes of this section, “parental leave” means leave
34for reason of the birth of a child of the employee, or the placement
35of a child with an employee in connection with the adoption or
36foster care of the child by the employee.

37

SEC. 3.  

Section 87780.1 is added to the Education Code, to
38read:

39

87780.1.  

(a) (1) Notwithstanding any other law, during each
40school year, a person employed in an academic position may use
P7    1his or her sick leave for purposes of parental leave for a period of
2up to 12 workweeks.

3(2) When the employee has exhausted all available sick leave,
4including all accumulated sick leave, and continues to be absent
5from his or her duties on account of parental leave, the amount
6deducted from the salary due him or her for any of the additional
712 workweeks in which the absence occurs shall not exceed the
8sum that is actually paid a temporary employee employed to fill
9his or her position during his or her absence or, if no temporary
10employee was employed, the amount that would have been paid
11to the temporary employee had he or she been employed.

12(3) Notwithstanding paragraph (2), if a community college
13district maintains a rule that credits a person employed in an
14academic position with no less than 100 working days of sick leave
15paid at no less than 50 percent of the employee’s regular salary,
16when an employee has exhausted all available sick leave, including
17all accumulated sick leave, and continues to be absent from his or
18her duties on account of parental leave, the employee shall be
19compensated at no less than 50 percent of the employee’s regular
20salary for a period of up to 12 weeks for parental leave.

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

22(1) The 12-week period shall be reduced by any period of sick
23leave, including accumulated sick leave, taken during a period of
24parental leave.

25(2) An employee shall not be provided more than one 12-week
26period for paid parental leave during any 12-month period.

27(c) This section shall be applicable whether or not the absence
28from duty is by reason of a leave of absence granted by the
29governing board of the employing community college district.

30(d) begin insert(1)end insertbegin insertend insert Nothing in this section shall be construed as requiring
31a person employed in an academic position to use his or her sick
32leave for the purposes of parental leave as a condition of retaining
33his or her rights to unpaid parental leave pursuant to Section
3412945.2 of the Government Code or any other law.

begin insert

35
(2) If a person employed in an academic position elects to
36receive the differential pay benefit under this section, his or her
37right to unpaid parental leave pursuant to Section 12945.2 of the
38Government Code, if any, shall be reduced by the amount of time
39the employee receives the differential pay benefit.

end insert

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.

13

SEC. 4.  

Section 88196.1 is added to the Education Code, to
14read:

15

88196.1.  

(a) (1) Notwithstanding any other law, during each
16school year, a classified employee may use his or her sick leave
17for purposes of parental leave for a period of up to 12 workweeks.

18(2) When the employee has exhausted all available sick leave,
19including all accumulated sick leave, and continues to be absent
20from his or her duties on account of parental leave, the amount
21deducted from the salary due him or her for any of the additional
2212 workweeks in which the absence occurs shall not exceed the
23sum that is actually paid a substitute employee employed to fill
24his or her position during his or her absence.

25(3) Notwithstanding paragraph (2), if a community college
26district maintains a rule that credits classified employees with no
27less than 100 working days of sick leave paid at no less than 50
28percent of the employee’s regular salary, when an employee has
29exhausted all available sick leave, including all accumulated sick
30leave, and continues to be absent from his or her duties on account
31of parental leave, the employee shall be compensated at no less
32than 50 percent of the employee’s regular salary for a period of
33up to 12 weeks for parental leave.

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

35(1) The 12-week period of parental leave shall be reduced by
36any period of sick leave, including accumulated sick leave, taken
37during a period of parental leave.

38(2) An employee shall not be provided more than one 12-week
39period 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) begin insert(1)end insertbegin insertend insert Nothing in this section shall be construed as requiring
5a classified 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.

begin insert

9
(2) If a classified employee elects to receive the differential pay
10benefit under this section, his or her right to unpaid parental leave
11pursuant to Section 12945.2 of the Government Code, if any, shall
12be reduced by the amount of time the employee receives the
13differential pay benefit.

end insert

14(e) Nothing in this section shall be construed to diminish the
15obligation of a public school employer to comply with any
16collective bargaining agreement entered into by a public school
17employer and an exclusive bargaining representative pursuant to
18Chapter 10.7 (commencing with Section 3540) of Division 4 of
19Title 1 of the Government Code that provides greater parental
20leave rights to employees than the rights established under this
21 section.

22(f) For purposes of this section, “parental leave” means leave
23for reason of the birth of a child of the employee, or the placement
24of a child with an employee in connection with the adoption or
25foster care of the child by the employee.



O

    97