BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 1712
AUTHOR: Furutani
AMENDED: April 13, 2010
FISCAL COMM: Yes HEARING DATE: June 23, 2010
URGENCY: No CONSULTANT:Beth Graybill
SUBJECT : School employees: Leaves of absence.
SUMMARY
This bill requires the governing boards of school districts
and community college districts to grant permanent classified
employees who are elected to the State Legislature a leave of
absence and entitles those employees to return to their
former positions after they have completed their service in
the Legislature.
BACKGROUND
Existing law entitles each person employed by a school
district as a permanent employee in a position requiring
certification who is elected to the Legislature, to be
granted a leave of absence from his or her duties and
entitles such employees to return to the positions they held
at the time of the election within six months after the term
of office expires. During the term of the leave, the
employee may be employed to perform less than full-time
service requiring certification for such compensation and
upon such terms and conditions as mutually agreed upon.
(Education Code 44801)
Existing law entitles each person employed by a community
college district as a permanent employee in an academic
position who is elected to the Legislature, to be granted a
leave of absence from his or her duties and entitles such
employees to return to the positions they held at the time of
the election within six months after the term of office
expires. During the term of the leave, the employee may be
employed to perform less than full-time service for
compensation and upon terms and conditions as mutually agreed
upon. (Education Code 87701)
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Existing law requires the governing boards of school
districts and community college districts to grant to any
classified employee, upon request, a leave of absence without
loss of compensation, for the purpose of enabling the
employee to serve as an elected officer of national,
statewide, or local school district public employee
organization. Governing boards are entitled to be reimbursed
by the employee organization for the leave of absence. (EC
44210, EC 88210)
ANALYSIS
This bill :
1) Requires the governing board of a school or community
college district to grant a leave of absence to any
permanent classified employee who holds the office of
Member of the Assembly or State Senator on or after
December 6, 2010.
2) Specifies that during the leave of absence, the employee
may be employed by the district to perform less than
full-time service, for compensation, and upon the terms
and conditions as may be mutually agreed upon.
3) Specifies that this leave of absence does not affect the
classification of the employee.
4) Specifies that within six months after the end of the
term of office for which the classified employee has
been granted a leave, the employee is entitled to return
to the his or her prior position at the same salary
level he or she had prior to the leave.
5) Specifies that any person first employed to take the
place of the employee on leave has no right to the
position once the employee returns from serving in the
Legislature but may, at any time, be employed or
transferred to any vacant position in the district and
will attain all rights of a classified employee as of
the date of transfer or employment.
6) Specifies that a current classified employee moving into
the position vacated by the employee on leave retains
all of his or her rights as a classified employee.
7) Specifies that because this bill imposes new duties on
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school and community college districts it would
constitute a state-mandated local program.
STAFF COMMENTS
1) Need for the bill : Current law entitles permanent
certificated employees of a school district and
permanent community college faculty to a leave of
absence if they are elected to the Legislature. Current
law does not provide classified employees with the same
right to a leave of absence. According to the author's
office, the purpose of this measure is to provide
classified employees in schools and community colleges
the same rights as teachers and community college
faculty have to take a leave from their position in
order to engage in public service as a member of the
Legislature.
2) Technical issue . This measure provides that the leave
of absence rights apply to permanent classified school
or community college district employees who hold the
office of Member of the Assembly or State Senator on or
after December 6, 2010; the date in which the
Legislature's 2011-12 Regular Session first convenes.
As this measure will not become effective until January
1, 2011, the governing board of a school or community
college district would not be compelled to take action
until after that date. To ensure that an employee who
begins legislative service prior to the effective date
of this bill is able to begin his or her leave of
absence on December 6, 2010; staff recommends clarifying
amendments to 45211(f) and 88211(f) to specify that
a governing board shall, in granting a leave of absence
to any permanent classified employee pursuant to the
provisions of this act, make the effective date of the
leave retroactive to December 6, 2010.
SUPPORT
American Federation of State, County and Municipal Employees,
AFL-CIO
Association of California School Administrators
California Federation of Teachers
California Labor Federation
California School Employees Association
Service Employees International Union
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OPPOSITION
None received.