BILL ANALYSIS Ó
AB 2393
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Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL
SECURITY
Rob Bonta, Chair
AB 2393
(Campos) - As Amended April 21, 2016
SUBJECT: School employees: sick leave: parental leave
SUMMARY: Requires classified school employees and community
college instructors on parental leave to receive up to 12 weeks
of differential pay, as specified, and clarifies provisions
requiring certificated school employees on parental leave to
receive differential pay. Specifically, this bill:
1)Specifies that a classified employee or community college
instructor may use his or her sick leave for up to 12 weeks of
parental leave, during each school year,
2)Specifies when a classified employee or community college
instructor 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 weeks in which the absence occurs shall not
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exceed the sum that is actually paid a substitute or temporary
employee employed to fill his or her position during his or
her absence.
3)Specifies that in school or community college districts that
maintain a rule that credits a classified employee or
community college instructor with no less than 100 days of
sick leave paid at no less than 50% of the employee's regular
salary, an employee on parental leave who has exhausted all
available sick leave, including all accumulated sick leave,
and continues to be absent shall be compensated at no less
than 50% of his or her regular salary, as specified.
4)Specifies the 12-week period shall be reduced by any period of
sick leave, including accumulated sick leave, taken during a
period parental leave.
5)Specifies an employee shall not be provided more than one
12-week period for paid parental leave during any 12-month
period.
6)Specifies that these provisions are applicable whether or not
the absence from duty is for a leave of absence granted by the
governing board of the school or community college district.
7)Specifies that nothing in these provisions shall be construed
to diminish the obligation of a public school employer to
comply with any collective bargaining agreement that provides
greater parental leave rights to employees than the rights
established by this bill.
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8)Defines "parental leave" as 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.
9)Conforms provisions of existing law that require certificated
school employees on parental leave to receive differential pay
to the above requirements.
FISCAL EFFECT: Unknown. This bill is been keyed non-fiscal by
the Legislative Counsel.
COMMENTS: Existing federal law provides for the Family Medical
Leave Act (FMLA), which unpaid, job-protected leave for
specified family and medical reasons for 12 weeks in a 12 month
period. This includes which includes the birth of a child or
parental bonding.
Existing state law establishes California Family Rights Act
(CFRA) which requires employers to grant employees up to 12
weeks of unpaid protected leave, in any 12 month period, to care
for a seriously ill spouse, child or parent, or for their own
serious medical condition, which includes the birth of a child
or parental bonding.
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According to the sponsor, most classified school employees,
"?are part-time employees and nearly eighty percent are women.
These employees are not provided paid parental leave, which has
created an inequity between classified employees and teachers.
Current law provides K-12 teachers with paid parental leave. AB
2393 is modeled after the law and would provide classified
school employees with the same paid parental leave rights, which
remedies the inequity. AB 2393 also includes community college
faculty and does clean-up and conformity to the existing teacher
law."
Supporters conclude, "Currently, classified employees do not
have a paid parental leave program. This puts classified
employees in a situation where they have to choose between
bonding with their newborn child and being paid. This is a
terrible situation for any parent to be in. AB 2393 remedies
the problem with a modest approach. It simply allows classified
employees to use their earned sick leave and differential pay
for up to 12 weeks for child birth and bonding, similar to
teachers."
This bill is similar to AB 375 (Campos), Chapter 400, Statutes
of 2015, which requires certificated school employees on
maternity or paternity leave to receive differential pay.
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REGISTERED SUPPORT / OPPOSITION:
Support
California Federation of Teachers (Co-Sponsor)
California School Employees Association (Co-Sponsor)
California Teachers Association (Co-Sponsor)
American Federation of State, County and Municipal Employees
California Labor Federation
California Professional Firefighters
Courage Campaign
Faculty Association of California Community Colleges
LIUNA Locals 777
Service Employees International Union
Opposition
None on file
Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916)
319-3957
AB 2393
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