BILL NUMBER: AB 2393	CHAPTERED
	BILL TEXT

	CHAPTER  883
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2016
	PASSED THE SENATE  AUGUST 22, 2016
	PASSED THE ASSEMBLY  AUGUST 25, 2016
	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, 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 the remaining
portion of the 12-workweek period of parental leave. The bill would
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-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 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-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 the remaining portion of the
12-workweek period of parental leave. The bill would 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.


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) 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 pursuant
to Section 12945.2 of the Government Code, the amount deducted from
the salary due him or her for any of the 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) In school districts that use the differential pay system
described in Section 44983, 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 pursuant
to Section 12945.2 of the Government Code, the person shall be
compensated at no less than 50 percent of his or her regular salary
for the remaining portion of the 12-workweek period of parental
leave.
   (b) For purposes of subdivision (a), all of the following apply:
   (1) The 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
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) 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) 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 pursuant to Section 12945.2 of the
Government Code, the amount deducted from the salary due him or her
for any of the 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) 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 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 the remaining portion
of the 12-workweek period of parental leave.
   (b) For purposes of subdivision (a), all of the following apply:
   (1) The 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-workweek
period for 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) 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) 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 pursuant to Section 12945.2 of the Government Code, the amount
deducted from the salary due him or her for any of the 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) In community 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 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 the remaining portion of the
12-workweek period of parental leave.
   (b) For purposes of subdivision (a), all of the following apply:
   (1) The 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-workweek
period for 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) 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) In the community college districts that use the differential
pay system described in the first 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 pursuant to Section 12945.2 of
the Government Code, the amount deducted from the salary due him or
her for any of the 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) 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 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 the remaining
portion of the 12-workweek period of parental leave.
   (b) For purposes of subdivision (a), all of the following apply:
   (1) The 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-workweek
period for 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) 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.