BILL ANALYSIS Ó
AB 1606
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Date of Hearing: March 18, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
AB 1606 (Chávez) - As Amended: March 4, 2014
SUBJECT : Community college employee: leaves of absence.
SUMMARY : Authorizes academic employees and probationary or
permanent classified employees of a community college to use, in
specified circumstances, up to 30 days of leave in a school
year; and, provides that if the provisions of this measure
conflict with the terms of a collective bargaining agreement in
effect before January 1, 2015, the provisions of this measure
shall not apply to the public employer and public employees
subject to that agreement until expiration or renewal of the
agreement. Specifically, this bill :
1)Specifies that an academic employee and a contract or regular
employee may take up to 30 days of leave in a school year,
less than any days of leave authorized as specified in current
law, in either of the following circumstances:
a) A biological parent may use leave within the first year
of his or her infant's birth; and,
b) A nonbiological parent may use leave within the first
year of legally adopting a child.
2)Specifies that if the provisions of this measure conflict with
the terms of a collective bargaining agreement in effect
before January 1, 2015, the provisions set forth by this
measure shall not apply to the public employer and public
employees subject to that agreement until the expiration or
renewal of the agreement.
EXISTING LAW :
1)Defines "academic year" to mean a period between the first day
of a fall semester or quarter and the last day of the
following spring semester or quarter, excluding any
intersession term that has been excluded pursuant to an
applicable collective bargaining agreement (Education Code §
87661).
AB 1606
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2)Mandates that the governing board of a community college
district must provide for leave of absence from duty for any
academic employee of the district who is required to be absent
from duties because of pregnancy, miscarriage, childbirth, and
recovery therefrom; specifies that the length of the leave of
absence, including the date on which the leave began and the
date on which the employee shall resume duties, must be
determined by the employee and the employee's physician; and
clarifies that this section of law shall be interpreted as
requiring the governing board of a community college district
to grant leave with pay only when it is necessary to do so in
order that leaves of absence for disabilities caused or
contributed to by pregnancy, miscarriage, or childbirth be
treated the same as leaves for illness, injury, or disability
(EC § 87766).
3)Allows every academic employee employed five days a week by a
community college district to be entitled to 10 days' leave of
absence for illness or injury and any additional days should
the governing board allow for illness and injury (EC § 87781).
4)Authorizes the governing board of a community college district
to adopt rules permitting academic employees of the district
to use leave earned, as specified, in cases of compelling
personal importance; and, specifies that the additional leave
time shall not exceed six days in any single school year (EC §
87781.5).
5)Specifies that any days of leave of absence for illness or
injury allowed, as specified, may be used by the employee, at
his or her election, in cases of personal necessity; and,
declares that no such accumulated leave in excess of six days
may be used in any school year as specified (EC § 87784).
6)Specifies that every classified employee employed five days a
week by a community college district shall be entitled to 12
days leave of absence for illness or injury and such
additional days as the governing board may allow for illness
and injury (EC § 88191).
7)Allows a contract or regular employee for a community college
district at his or her election, to use any days of absence
for illness or injury earned, as specified, in cases of
personal necessity, including any of the following: a) death
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of a member of the employees immediate family when additional
leave is required beyond what is already provided; b) accident
involving the person or property of the employee or of a
member of his or her immediate family; c) appearance in any
court or before any administrative tribunal as a litigant,
party or witness under subpoena or any order made with
jurisdiction; and, d) any other reasons the governing board
may prescribe; and, specifies that earned leave in excess of
seven days may not be used in any college year as specified
(EC § 88207).
FISCAL EFFECT : Unknown. This measure is key non-fiscal by the
Legislative Counsel.
COMMENTS : Background . Current law provides no protection for
faculty or classified employees who utilize sick leave or other
types of leave, including unpaid leave to extend maternity or
paternity leaves. Said types of leaves are subject to
collective bargaining. To note, all full time employees and
part-time employees (if they meet certain requirements) of a
community college district are eligible for job protection
through the federal Family Medical Leave Act (FMLA), the
California Family Rights Act (CFRA), and the California
Pregnancy Disability Leave (PDL) law.
Federal FMLA provides certain employees up to 12 weeks of
unpaid, job-protected leave a year and requires group health
benefits to be maintained during the leave as if employees
continued to work instead of taking leave.
Employees of community college districts who do not buy into the
State Disability Insurance Fund (SDIF) are not eligible for
additional paid or unpaid family leave days pursuant to current
law. It is presently unclear how many of the employees of the
72 community college districts buy into the SDIF and how many do
not.
Need for the bill . The author contends that for working
parents, it is of utmost importance to establish a work-life
balance; unfortunately, when bonding with their new born or
newly adopted child, many community college employees (faculty
and/or classified) only receive the minimum days allowed by
current law (six days for faculty and seven days for classified
employees). This short window of time does not yield for an
opportunity of bonding. AB 1606 expands the minimum time
AB 1606
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allowed for bonding to 30 days and specifies the time off will
be paid from employees' accrued sick-leave. Additionally, AB
1606 specifies that the leave must be used within the first year
of the child's birth or adoption. The author states, "Providing
paid leave to our families is critical to strengthening the bond
that forms between parents and children. That bond is vital to
the long-term health and well-being of children as they grow,
and helps build strong families. This is a common sense measure
that will improve the lives of children and help our
communities."
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Jeanice Warden / HIGHER ED. / (916)
319-3960