BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1606|
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THIRD READING
Bill No: AB 1606
Author: Chávez (R)
Amended: 3/4/14 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE : 7-0, 5/14/14
AYES: Liu, Wyland, Block, Hancock, Hueso, Huff, Monning
NO VOTE RECORDED: Correa, Galgiani
ASSEMBLY FLOOR : 70-0, 3/28/14 - See last page for vote
SUBJECT : Community college employees: leaves of absence
SOURCE : Author
DIGEST : This bill allows California Community College (CCC)
academic and classified employees to use up to 30 days of leave,
as specified, for the purpose of bonding with a new child.
ANALYSIS : Under existing law, the governing board of a CCC
district must provide for a 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. 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, shall be determined by
the employee, and the employee's physician. Existing law also
provides that this section of law shall be construed as
requiring the governing board of a CCC district to grant leave
with pay only when it is necessary to do so in order that leaves
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of absence for disabilities caused or contributed to by
pregnancy, miscarriage, or childbirth be treated the same as
leaves for illness, injury, or disability.
Existing law allows every academic employee employed five days a
week by a CCC district to be entitled to 10 days leave of
absence for illness or injury and any additional days that the
governing board of a CCC may allow for illness or injury,
exclusive of all days he/she is not required to render service
to the district, with full pay for a college year of service.
Existing law also authorizes the governing board of a CCC
district to adopt rules permitting academic employees of the
district to use illness leave earned in cases of compelling
personal importance, but provides that the additional sick leave
time, together with any other leave for personal necessity, as
specified, shall not exceed six days in any single school year.
Existing law provides that any days of leave of absence for
illness or injury may be used by an academic employee, at
his/her election, in cases of personal necessity. The governing
board of each CCC district is required to adopt rules and
regulations requiring and prescribing the manner of proof of
personal necessity for these purposes. No such accumulated
leave in excess of six days may be used in any school year for
personal necessity.
Further, existing law provides that every classified employee
employed five days a week by a CCC district shall be entitled to
12 days leave of absence for illness or injury, with additional
days as allowed by the CCC governing board for illness and
injury.
Existing law also allows a contract or regular employee for a
CCC to use any days of absence for illness or injury earned, as
specified, in cases of personal necessity, including any of the
following:
1.Death of a member of the employees immediate family when
additional leave is required beyond what is already provided;
2.Accident involving the person or property of the employee or
of a member of his/her immediate family;
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3.Appearance in any court or before any administrative tribunal
as a litigant, party or witness under subpoena or any order
made with jurisdiction; and
4.Any other reasons the governing board of a CCC may prescribe.
Existing law requires each governing board of each CCC district
to adopt rules and regulations requiring and prescribing the
manner of proof of personal necessity for these purposes and
specifies that earned leave in excess of seven days may not be
used in any college year, except under specified conditions,
including the condition in which a number of days in excess of
seven is provided in an agreement between the exclusive
representative of the employees and the CCC district.
This bill:
1.Allows CCC academic and contract or regular employees to take
up to 30 days of leave in a school year, less than any days of
leave authorized for sick leave and personal necessity, in
either of the following circumstances:
A. A biological parent may use leave within the first year
of his/her infant's birth.
B. A nonbiological parent may use leave within the first
year of legally adopting a child.
1.Provides that if the provisions of the bill are in conflict
with the terms of a collective bargaining agreement in effect
before January 1, 2015, the provisions of this bill will not
apply to the public employer and public employees subject to
that agreement until the expiration or renewal of the
agreement.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/15/14)
California Teachers Association
California Federation of Teachers
OPPOSITION : (Verified 5/15/14)
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Community College League of California
ARGUMENTS IN SUPPORT : According to the author's office, it is
importance to establish a work-life balance. However, when
bonding with their newborn or newly adopted child, many CCC
employees and faculty only receive the minimum days allowed by
existing law (six days for faculty and seven days for classified
employees) and are not given the opportunity to bond with their
children. This bill expands the minimum allowed for family
bonding time to 30 days and provides that the time off will be
paid from employees' accrued sick-leave. 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."
ARGUMENTS IN OPPOSITION : The Community College League of
California writes, "This bill establishes a benefit to employees
that is better addressed at the bargaining table. Existing law
already provides up to eight weeks of leave to help both a
mother and child to recover from pregnancy. Additionally,
employees may take up to 12 weeks of unpaid leave to bond with
their child.
This bill is an attempt to change Education Code to treat CCC
employees the same as private employees. Currently, employees
of private employers are entitled to leave for bonding time at
partial pay. This money is paid out via the State Disability
Fund that each of those employees pay into. CCC employees do
not pay into the fund; as a result they do not qualify for this
benefit."
ASSEMBLY FLOOR : 70-0, 3/28/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hall, Roger Hernández, Holden, Jones, Levine, Linder,
Lowenthal, Maienschein, Mansoor, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
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Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez,
Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber,
Wieckowski, Wilk, Williams, John A. Pérez
NO VOTE RECORDED: Bigelow, Donnelly, Garcia, Hagman, Harkey,
Jones-Sawyer, Logue, Medina, Morrell, Yamada
PQ:e 5/16/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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