BILL ANALYSIS Ó AB 2393 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2393 (Campos) As Amended August 17, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |53-22 |(May 19, 2016) |SENATE: |28-10 |(August 22, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: P.E.,R., & S.S. 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 AB 2393 Page 2 deducted from the salary due him or her for any of the remaining portion of the 12 week period in which the absence occurs shall not 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 use the differential pay system, as specified, 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 for the remaining portion of the 12 week period, as specified. 4)Specifies the 12-workweek 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 parental leave during any 12-month period. 6)Requires that the parental leave taken pursuant to the bill's provisions run concurrently with parental leave taken pursuant to the California Family Rights Act (CFRA) and that the aggregate amount of parental leave taken under either of these provisions cannot exceed 12 workweeks in a 12-month period. 7)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. 8)Specifies that notwithstanding the requirements of the CFRA, an 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 bill's provisions. AB 2393 Page 3 9)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. 10)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. 11)Conforms provisions of existing law that require certificated school employees on parental leave to receive differential pay to the above requirements. The Senate amendments: 1)Clarify that the 12 weeks of parental leave provided by this bill runs concurrently with parental leave taken pursuant to the CFRA and that combined amount cannot exceed 12 workweeks in a 12-month period. 2)Specify that notwithstanding the requirements of the CFRA, an 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 bill's provisions. 3)Make other technical, clarifying and conforming changes. FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: Existing federal law provides for the Family Medical AB 2393 Page 4 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. According to the sponsor, most classified school employees, "?are part-time employees and nearly 80% 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." Opponents state, "As organizations, we strongly support family leave and the bonding children that the current law provides. However, we are concerned that the expansion of this leave - and the possibility that the leave could be as long as 24 months - will result in districts not being able to fund priority AB 2393 Page 5 programmatic enhancements in their Local Control Accountability Plans and exacerbating our current shortage of substitute 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. Analysis Prepared by: Karon Green / P.E.,R., & S.S. / (916) 319-3957 FN: 0004727