BILL ANALYSIS Ó
AB 1606
Page 1
ASSEMBLY THIRD READING
AB 1606 (Chávez)
As Amended March 4, 2014
Majority vote
HIGHER EDUCATION 12-0
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|Ayes:|Williams, Chávez, Bloom, | | |
| |Fong, Jones-Sawyer, | | |
| |Levine, Linder, Medina, | | |
| |Olsen, Quirk-Silva, | | |
| |Weber, Wilk | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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.
AB 1606
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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
(EC) Section 87661).
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 Section 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 Section
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
Section 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 Section
87784).
AB 1606
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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 Section 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
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 Section 88207).
FISCAL EFFECT : Unknown. This measure is key non-fiscal by the
Legislative Counsel.
COMMENTS : 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
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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.
The author contends that for working parents, it is of utmost
importance to establish a work-life balance; unfortunately, when
bonding with their newborn 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.
This bill expands the minimum time allowed for bonding to 30
days and specifies the time off will be paid from employees'
accrued sick-leave. Additionally, this bill 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."
Analysis Prepared by : Jeanice Warden / HIGHER ED. / (916)
319-3960
FN: 0003076