BILL ANALYSIS
AB 1712
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1712 (Furutani)
As Amended June 30, 2010
Majority vote
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|ASSEMBLY: |49-24|(May 13, 2010) |SENATE: |22-12|(August 12, |
| | | | | |2010) |
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Original Committee Reference: P.E.,R & S.S.
SUMMARY : Requires a school or community college district to
grant a leave of absence to any permanent classified employee
elected to the Legislature. Specifically, 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 is elected to the Legislature.
2)Specifies that during the leave of absence the employee may be
employed by the district to perform less than full-time duties
as mutually agreed upon.
3)Specifies that this leave of absence does not effect 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 their prior
position at the same salary they 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 his or
her rights as a classified employee.
7)Specifies that because this bill imposes new duties on school
and community college districts, it would constitute a
AB 1712
Page 2
state-mandated local program.
8)Specifies that permanent classified school district or
community college employees who hold the office of Member of
the Assembly or State Senator on or after December 6, 2010,
and prior to January 1, 2011, are entitled to leaves of
absence from their duties as district employees retroactive to
December 6, 2010.
The Senate amendments allow a governing board to grant the leave
of absence retroactively so that the leave will start with the
start of the legislative session which begins on December 6,
2010.
EXISTING LAW requires school districts to grant a leave of
absence to permanent elementary and secondary teachers who are
elected to the Legislature. Community college districts are
also required to grant a leave of absence to permanent employees
in academic positions who are elected to the Legislature.
AS PASSED BY THE ASSEMBLY, this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the sponsor, the California School
Employees Association, "Various other states have enacted laws
providing leaves of absence for public employees who are elected
to the Legislature. In California, K-12 teachers and community
college faculty have been granted leave when elected to the
Legislature since 1976. This issue is basically one of equity,
and classified employees deserve parity along with teachers in
this regard and should be granted a leave of absence if elected
to the Legislature."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0005541