BILL NUMBER: AB 2393	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2016
	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   the remaining portion of
the 12-workweek period of  parental leave. 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.   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. 
   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   12-workweek
 period shall be reduced by any period of sick leave, including
accumulated sick leave, taken during a period of parental leave. 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.
  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. 
   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
  12-workweek  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   the remaining
portion of the 12-workweek period of  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.
  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. 
   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   In school districts that use
the differential pay system described in Section 44977, when a 
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,   leave pursuant to
Section 12945.2 of the Government Code,  the amount deducted
from the salary due him or her for any of the  additional 12
workweeks   remaining portion of the 12-workweek period
 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,   In school districts that use the
differential pay system described in Section 44983,  when
 he or she   a 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, a   leave pursuant to Section 12945.2 of
the Government Code, the  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   the
remaining portion of the 12-workweek period of  parental leave.
   (b) For purposes of subdivision (a),  both  
all  of the following apply:
   (1) The  12-week   12-workweek  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.

   (3) Parental leave taken pursuant to this section shall run
concurrently with parental leave taken pursuant to Section 12945.2 of
the Government Code. The aggregate amount of parental leave taken
pursuant to this section and Section 12945.2 of the Government Code
shall not exceed 12 workweeks in a 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.  
   (d) Notwithstanding subdivision (a) of Section 12945.2 of the
Government Code, a person employed in a position requiring
certification qualifications is not required to have 1,250 hours of
service with the employer during the previous 12-month period in
order to take parental leave pursuant to this section. 
   (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   In school districts that use
the differential pay system described in the first paragraph of
Section 45196, when a  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,
  leave pursuant to Section 12945.2 of the Government
Code,  the amount deducted from the salary due him or her for
any of the  additional 12 workweeks   remaining
portion of the 12-workweek period  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,   In   school
districts that use the differential pay system described in the last
paragraph of Section 45196,  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,   leave pursuant to Section 12945.2 of
the Government Code,  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   the remaining portion of
the 12-workweek period of  parental leave.
   (b) For purposes of subdivision (a),  both  
all  of the following apply:
   (1) The  12-week   12-workweek  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   12-workweek  period for  paid
 parental leave during any 12-month period. 
   (3) Parental leave taken pursuant to this section shall run
concurrently with parental leave taken pursuant to Section 12945.2 of
the Government Code. The aggregate amount of parental leave taken
pursuant to this section and Section 12945.2 of the Government Code
shall not exceed 12 workweeks in a 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.  
   (d) Notwithstanding subdivision (a) of Section 12945.2 of the
Government Code, a classified employee is not required to have 1,250
hours of service with the employer during the previous 12-month
period in order to take parental leave pursuant to this section.

   (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   In community college
districts that use the differential pay system described in Section
87780, when a  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, 
 leave pursuant to Section 12945.2 of the Government Code, 
the amount deducted from the salary due him or her for any of the
 additional 12 workweeks   remaining portion of
the 12-workweek period  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,
  In   commu   nity college districts
that use the differential pay system described in Section 87786,
 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, 
 leave pursuant to Section 12945.2 of the Government Code, 
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
  the remaining portion of the 12-workweek period of
 parental leave.
   (b) For purposes of subdivision (a),  both  
all  of the following apply:
   (1) The  12-week   12-workweek  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   12-workweek  period for  paid
 parental leave during any 12-month period. 
   (3) Parental leave taken pursuant to this section shall run
concurrently with parental leave taken pursuant to Section 12945.2 of
the Government Code. The aggregate amount of parental leave taken
pursuant to this section and Section 12945.2 of the Government Code
shall not exceed 12 workweeks in a 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.  
   (d) Notwithstanding subdivision (a) of Section 12945.2 of the
Government Code, a person employed in an academic position is not
required to have 1,250 hours of service with the employer during the
previous 12-month period in order to take parental leave pursuant to
this section. 
   (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   In the community college
districts that use the differential pay system described in the firs
  t paragraph of Section 88196, when a  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,   leave pursuant to Section
12945.2 of the Government Code,  the amount deducted from the
salary due him or her for any of the  additional 12 workweeks
  remaining portion of the 12-workweek period  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,   In 
 community college districts that use the differential pay system
described in the last paragraph of Section 88196,  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,   leave
pursuant to Section 12945.2 of the Government Code,  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
  the remaining portion of the 12-workweek period of
 parental leave.
   (b) For purposes of subdivision (a),  both  
all of the following apply:
   (1) The  12-week   12-workweek  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   12-workweek  period for  paid
 parental leave during any 12-month period. 
   (3) Parental leave taken pursuant to this section shall run
concurrently with parental leave taken pursuant to Section 12945.2 of
the Government Code. The aggregate amount of parental leave taken
pursuant to this section and Section 12945.2 of the Government Code
shall not exceed 12 workweeks in a 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.  
   (d) Notwithstanding subdivision (a) of Section 12945.2 of the
Government Code, a classified employee is not required to have 1,250
hours of service with the employer during the previous 12-month
period in order to take parental leave pursuant to this section.

   (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.