BILL ANALYSIS Ó
AB 2393
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
2393 (Campos)
As Amended August 17, 2016
Majority vote
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|ASSEMBLY: |53-22 |(May 19, 2016) |SENATE: |28-10 |(August 22, |
| | | | | |2016) |
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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
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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.
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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
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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
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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