BILL NUMBER: AB 2393 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 9, 2016
AMENDED IN ASSEMBLY APRIL 21, 2016
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. The bill would require, if a
person employed in a position requiring cert ification
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.
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. 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.
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.
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. 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.
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 44977.5 of the Education Code is amended to
read:
44977.5. (a) (1) Notwithstanding any other law, during each
school year, a person employed in a position requiring certification
qualifications may use his or her sick leave for purposes of parental
leave for a period of up to 12 workweeks.
(2) When the person employed in a position requiring certification
qualifications 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 or, if no substitute employee was employed, the amount
that would have been paid to a substitute had he or she been
employed. The school district shall make every reasonable effort to
secure the services of a substitute employee.
(3) Notwithstanding paragraph (2), if a school district maintains
a rule that credits a person employed in a position requiring
certification qualifications with no less than 100 working days of
sick leave paid at no less than 50 percent 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, a person employed in
a position requiring certification qualifications shall be
compensated at no less than 50 percent of his or her 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 shall be reduced by any period of sick
leave, including accumulated sick leave, taken during a period of
parental leave.
(2) A person employed in a position requiring certification
qualifications 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) (1) Nothing in this section shall be
construed as requiring a person employed in a position requiring
certification qualifications 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.
(2) If a person employed in a position requiring certification
qualifications elects to receive the differential pay benefit under
this section, his or her right to unpaid parental leave pursuant to
Section 12945.2 of the Government Code, if any, shall be reduced by
the amount of time the employee receives the differential pay
benefit.
(e) Nothing in this section shall be construed to diminish the
obligation of a public school employer to comply with any collective
bargaining agreement entered into by a public school employer and an
exclusive bargaining representative pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code that provides greater parental leave rights to
employees than the rights established under this section.
(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 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) (1) 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.
(2) If a classified employee elects to receive the differential
pay benefit under this section, his or her right to unpaid parental
leave pursuant to Section 12945.2 of the Government Code, if any,
shall be reduced by the amount of time the employee receives the
differential pay benefit.
(e) Nothing in this section shall be construed to diminish the
obligation of a public school employer to comply with any collective
bargaining agreement entered into by a public school employer and an
exclusive bargaining representative pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code that provides greater parental leave rights to
employees than the rights established under this section.
(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. 3. Section 87780.1 is added to the Education Code, to read:
87780.1. (a) (1) Notwithstanding any other law, during each
school year, a person employed in an academic position 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 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.
(3) Notwithstanding paragraph (2), if a community college district
maintains a rule that credits a person employed in an academic
position 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 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) (1) Nothing in this section shall be
construed as requiring a person employed in an academic position 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.
(2) If a person employed in an academic position elects to receive
the differential pay benefit under this section, his or her right to
unpaid parental leave pursuant to Section 12945.2 of the Government
Code, if any, shall be reduced by the amount of time the employee
receives the differential pay benefit.
(e) Nothing in this section shall be construed to diminish the
obligation of a public school employer to comply with any collective
bargaining agreement entered into by a public school employer and an
exclusive bargaining representative pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code that provides greater parental leave rights to
employees than the rights established under this section.
(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. 4. 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) (1) 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.
(2) If a classified employee elects to receive the differential
pay benefit under this section, his or her right to unpaid parental
leave pursuant to Section 12945.2 of the Government Code, if any,
shall be reduced by the amount of time the employee receives the
differential pay benefit.
(e) Nothing in this section shall be construed to diminish the
obligation of a public school employer to comply with any collective
bargaining agreement entered into by a public school employer and an
exclusive bargaining representative pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code that provides greater parental leave rights to
employees than the rights established under this section.
(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.