Amended in Senate August 17, 2016

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 forbegin delete a period of up to 12 weeks forend deletebegin insert the remaining portion of the 12-workweek period ofend insert parental leave. The bill wouldbegin delete 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 deletebegin insert no longer require a person employed in a position requiring certification qualifications to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.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 thebegin delete 12-weekend deletebegin insert 12-workweekend insert period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill wouldbegin delete 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 deletebegin insert no longer require a classified employee to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.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 thebegin delete 12-weekend deletebegin insert 12-workweekend insert 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 forbegin delete a period of up to 12 weeks forend deletebegin insert the remaining portion of the 12-workweek period ofend insert parental leave. The bill wouldbegin delete 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 deletebegin insert no longer require a person employed in an academic position to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.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) begin deleteWhen the end deletebegin insertIn school districts that use the differential pay
8system described in Section 44977, when a end insert
person employed in a
9position requiring certification qualifications has exhausted all
10available sick leave, including all accumulated sick leave, and
11continues to be absent from his or her duties on account of parental
12begin delete leave,end deletebegin insert leave pursuant to Section 12945.2 of the Government Code,end insert
13 the amount deducted from the salary due him or her for any of the
14begin delete additional 12 workweeksend deletebegin insert remaining portion of the 12-workweek
15periodend insert
in which the absence occurs shall not exceed the sum that
16is actually paid a substitute employee employed to fill his or her
17position during his or her absence or, if no substitute employee
P5    1was employed, the amount that would have been paid to a substitute
2had he or she been employed. The school district shall make every
3reasonable effort to secure the services of a substitute employee.

4(3) begin deleteNotwithstanding paragraph (2), if a school district maintains
5a rule that credits a person employed in a position requiring
6certification qualifications with no less than 100 working days of
7sick leave paid at no less than 50 percent of his or her regular
8salary, end delete
begin insertIn school districts that use the differential pay system
9described in Section 44983, end insert
whenbegin delete he or sheend deletebegin insert a person employed in
10a position requiring certification qualificationsend insert
has exhausted all
11available sick leave, including all accumulated sick leave, and
12continues to be absent from his or her duties on account of parental
13begin delete leave, aend deletebegin insert leave pursuant to Section 12945.2 of the Government
14Code, theend insert
personbegin delete employed in a position requiring certification
15qualificationsend delete
shall be compensated at no less than 50 percent of
16his or her regular salary forbegin delete a period of up to 12 weeks forend deletebegin insert the
17remaining portion of the 12-workweek period ofend insert
parental leave.

18(b) For purposes of subdivision (a),begin delete bothend deletebegin insert allend insert of the following
19apply:

20(1) Thebegin delete 12-weekend deletebegin insert 12-workweekend insert period shall be reduced by any
21period of sick leave, including accumulated sick leave, taken during
22a period of parental leave.

23(2) A person employed in a position requiring certification
24qualifications shall not be provided more than one 12-week period
25forbegin delete paidend delete parental leave during any 12-month period.

begin insert

26
(3) Parental leave taken pursuant to this section shall run
27concurrently with parental leave taken pursuant to Section 12945.2
28of the Government Code. The aggregate amount of parental leave
29taken pursuant to this section and Section 12945.2 of the
30Government Code shall not exceed 12 workweeks in a 12-month
31period.

end insert

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

begin delete

35(d) (1) Nothing in this section shall be construed as requiring
36a person employed in a position requiring certification
37 qualifications to use his or her sick leave for the purposes of
38parental leave as a condition of retaining his or her rights to unpaid
39parental leave pursuant to Section 12945.2 of the Government
40Code or any other law.

P6    1(2) If a person employed in a position requiring certification
2qualifications elects to receive the differential pay benefit under
3this section, his or her right to unpaid parental leave pursuant to
4Section 12945.2 of the Government Code, if any, shall be reduced
5by the amount of time the employee receives the differential pay
6benefit.

end delete
begin insert

7
(d) Notwithstanding subdivision (a) of Section 12945.2 of the
8Government Code, a person employed in a position requiring
9certification qualifications is not required to have 1,250 hours of
10service with the employer during the previous 12-month period in
11order to take parental leave pursuant to this section.

end insert

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

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.

24

SEC. 2.  

Section 45196.1 is added to the Education Code, to
25read:

26

45196.1.  

(a) (1) Notwithstanding any other law, during each
27school year, a classified employee may use his or her sick leave
28for purposes of parental leave for a period of up to 12 workweeks.

29(2) begin deleteWhen the end deletebegin insertIn school districts that use the differential pay
30system described in the first paragraph of Section 45196, when a end insert

31employee has exhausted all available sick leave, including all
32accumulated sick leave, and continues to be absent from his or her
33duties on account of parentalbegin delete leave,end deletebegin insert leave pursuant to Section
3412945.2 of the Government Code,end insert
the amount deducted from the
35salary due him or her for any of thebegin delete additional 12 workweeksend delete
36begin insert remaining portion of the 12-workweek periodend insert in which the absence
37occurs shall not exceed the sum that is actually paid a substitute
38employee employed to fill his or her position during his or her
39absence.

P7    1(3) begin deleteNotwithstanding paragraph (2), if a school district maintains
2a rule that credits classified employees with no less than 100
3working days of sick leave paid at no less than 50 percent of the
4employee’s regular salary, end delete
begin insertIn school districts that use the
5differential pay system described in the last paragraph of Section
645196, end insert
when an employee has exhausted all available sick leave,
7including all accumulated sick leave, and continues to be absent
8from his or her duties on account of parentalbegin delete leave,end deletebegin insert leave pursuant
9to Section 12945.2 of the Government Code,end insert
the employee shall
10be compensated at no less than 50 percent of the employee's regular
11salary forbegin delete a period of up to 12 weeks forend deletebegin insert the remaining portion of
12the 12-workweek period ofend insert
parental leave.

13(b) For purposes of subdivision (a),begin delete bothend deletebegin insert allend insert of the following
14apply:

15(1) Thebegin delete 12-weekend deletebegin insert 12-workweekend insert period of parental leave shall be
16reduced by any period of sick leave, including accumulated sick
17leave, taken during a period of parental leave.

18(2) An employee shall not be provided more than onebegin delete 12-weekend delete
19begin insert 12-workweekend insert period forbegin delete paidend delete parental leave during any 12-month
20period.

begin insert

21
(3) Parental leave taken pursuant to this section shall run
22concurrently with parental leave taken pursuant to Section 12945.2
23of the Government Code. The aggregate amount of parental leave
24taken pursuant to this section and Section 12945.2 of the
25Government Code shall not exceed 12 workweeks in a 12-month
26period.

end insert

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 school district.

begin delete

30(d) (1) Nothing in this section shall be construed as requiring
31a classified employee to use his or her sick leave for the purposes
32of parental leave as a condition of retaining his or her rights to
33unpaid parental leave pursuant to Section 12945.2 of the
34Government Code or any other law.

end delete
begin delete

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

end delete
begin insert

P8    1
(d) Notwithstanding subdivision (a) of Section 12945.2 of the
2Government Code, a classified employee is not required to have
31,250 hours of service with the employer during the previous
412-month period in order to take parental leave pursuant to this
5section.

end insert

6(e) Nothing in this section shall be construed to diminish the
7obligation of a public school employer to comply with any
8collective bargaining agreement entered into by a public school
9employer and an exclusive bargaining representative pursuant to
10Chapter 10.7 (commencing with Section 3540) of Division 4 of
11Title 1 of the Government Code that provides greater parental
12leave rights to employees than the rights established under this
13 section.

14(f) For purposes of this section, “parental leave” means leave
15for reason of the birth of a child of the employee, or the placement
16of a child with an employee in connection with the adoption or
17foster care of the child by the employee.

18

SEC. 3.  

Section 87780.1 is added to the Education Code, to
19read:

20

87780.1.  

(a) (1) Notwithstanding any other law, during each
21school year, a person employed in an academic position may use
22his or her sick leave for purposes of parental leave for a period of
23up to 12 workweeks.

24(2) begin deleteWhen the end deletebegin insertIn community college districts that use the
25differential pay system described in Section 87780, when a end insert

26employee has exhausted all available sick leave, including all
27accumulated sick leave, and continues to be absent from his or her
28duties on account of parentalbegin delete leave,end deletebegin insert leave pursuant to Section
2912945.2 of the Government Code,end insert
the amount deducted from the
30salary due him or her for any of thebegin delete additional 12 workweeksend delete
31begin insert remaining portion of the 12-workweek periodend insert in which the absence
32occurs shall not exceed the sum that is actually paid a temporary
33employee employed to fill his or her position during his or her
34absence or, if no temporary employee was employed, the amount
35that would have been paid to the temporary employee had he or
36she been employed.

37(3) begin deleteNotwithstanding paragraph (2), if a community college
38district maintains a rule that credits a person employed in an
39academic position with no less than 100 working days of sick leave
40paid at no less than 50 percent of the employee’s regular salary, end delete

P9    1begin insertIn community college districts that use the differential pay system
2described in Section 87786, end insert
when an employee has exhausted all
3available sick leave, including all accumulated sick leave, and
4continues to be absent from his or her duties on account of parental
5begin delete leave,end deletebegin insert leave pursuant to Section 12945.2 of the Government Code,end insert
6 the employee shall be compensated at no less than 50 percent of
7the employee’s regular salary forbegin delete a period of up to 12 weeks forend delete
8begin insert the remaining portion of the 12-workweek period ofend insert parental leave.

9(b) For purposes of subdivision (a),begin delete bothend deletebegin insert allend insert of the following
10apply:

11(1) Thebegin delete 12-weekend deletebegin insert 12-workweekend insert period shall be reduced by any
12period of sick leave, including accumulated sick leave, taken during
13a period of parental leave.

14(2) An employee shall not be provided more than onebegin delete 12-weekend delete
15begin insert 12-workweekend insert period forbegin delete paidend delete parental leave during any 12-month
16period.

begin insert

17
(3) Parental leave taken pursuant to this section shall run
18concurrently with parental leave taken pursuant to Section 12945.2
19of the Government Code. The aggregate amount of parental leave
20taken pursuant to this section and Section 12945.2 of the
21Government Code shall not exceed 12 workweeks in a 12-month
22period.

end insert

23(c) This section shall be applicable whether or not the absence
24from duty is by reason of a leave of absence granted by the
25governing board of the employing community college district.

begin delete

26(d) (1) Nothing in this section shall be construed as requiring
27a person employed in an academic position to use his or her sick
28leave for the purposes of parental leave as a condition of retaining
29his or her rights to unpaid parental leave pursuant to Section
3012945.2 of the Government Code or any other law.

end delete
begin delete

31(2) If a person employed in an academic position elects to
32receive the differential pay benefit under this section, his or her
33right to unpaid parental leave pursuant to Section 12945.2 of the
34Government Code, if any, shall be reduced by the amount of time
35the employee receives the differential pay benefit.

end delete
begin insert

36
(d) Notwithstanding subdivision (a) of Section 12945.2 of the
37Government Code, a person employed in an academic position is
38not required to have 1,250 hours of service with the employer
39during the previous 12-month period in order to take parental
40leave pursuant to this section.

end insert

P10   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) begin deleteWhen the end deletebegin insertIn the community college districts that use the
19differential pay system described in the first paragraph of Section
2088196, when a end insert
employee has exhausted all available sick leave,
21including all accumulated sick leave, and continues to be absent
22from his or her duties on account of parentalbegin delete leave,end deletebegin insert leave pursuant
23to Section 12945.2 of the Government Code,end insert
the amount deducted
24from the salary due him or her for any of thebegin delete additional 12
25workweeksend delete
begin insert remaining portion of the 12-workweek periodend insert in which
26the absence occurs shall not exceed the sum that is actually paid
27a substitute employee employed to fill his or her position during
28his or her absence.

29(3) begin deleteNotwithstanding paragraph (2), if a community college
30district maintains a rule that credits classified employees with no
31less than 100 working days of sick leave paid at no less than 50
32percent of the employee’s regular salary, end delete
begin insertIn community college
33districts that use the differential pay system described in the last
34paragraph of Section 88196, end insert
when an employee has exhausted all
35available sick leave, including all accumulated sick leave, and
36continues to be absent from his or her duties on account of parental
37begin delete leave,end deletebegin insert leave pursuant to Section 12945.2 of the Government Code,end insert
38 the employee shall be compensated at no less than 50 percent of
39the employee’s regular salary forbegin delete a period of up to 12 weeks forend delete
40begin insert the remaining portion of the 12-workweek period ofend insert parental leave.

P11   1(b) For purposes of subdivision (a),begin delete bothend deletebegin insert allend insert of the following
2apply:

3(1) Thebegin delete 12-weekend deletebegin insert 12-workweekend insert period of parental leave shall be
4reduced by any period of sick leave, including accumulated sick
5leave, taken during a period of parental leave.

6(2) An employee shall not be provided more than onebegin delete 12-weekend delete
7begin insert 12-workweekend insert period forbegin delete paidend delete parental leave during any 12-month
8period.

begin insert

9
(3) Parental leave taken pursuant to this section shall run
10concurrently with parental leave taken pursuant to Section 12945.2
11of the Government Code. The aggregate amount of parental leave
12taken pursuant to this section and Section 12945.2 of the
13Government Code shall not exceed 12 workweeks in a 12-month
14period.

end insert

15(c) This section shall be applicable whether or not the absence
16from duty is by reason of a leave of absence granted by the
17governing board of the employing community college district.

begin delete

18(d) (1) Nothing in this section shall be construed as requiring
19a classified employee to use his or her sick leave for the purposes
20of parental leave as a condition of retaining his or her rights to
21unpaid parental leave pursuant to Section 12945.2 of the
22Government Code or any other law.

23(2) If a classified employee elects to receive the differential pay
24benefit under this section, his or her right to unpaid parental leave
25pursuant to Section 12945.2 of the Government Code, if any, shall
26be reduced by the amount of time the employee receives the
27differential pay benefit.

end delete
begin insert

28
(d) Notwithstanding subdivision (a) of Section 12945.2 of the
29Government Code, a classified employee is not required to have
301,250 hours of service with the employer during the previous
3112-month period in order to take parental leave pursuant to this
32section.

end insert

33(e) Nothing in this section shall be construed to diminish the
34obligation of a public school employer to comply with any
35collective bargaining agreement entered into by a public school
36employer and an exclusive bargaining representative pursuant to
37Chapter 10.7 (commencing with Section 3540) of Division 4 of
38Title 1 of the Government Code that provides greater parental
39leave rights to employees than the rights established under this
40 section.

P12   1(f) For purposes of this section, “parental leave” means leave
2for reason of the birth of a child of the employee, or the placement
3of a child with an employee in connection with the adoption or
4foster care of the child by the employee.



O

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