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