Under existing law, when a person employed in a position requiring certification qualifications exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, he or she, during that additional period, receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. Existing law also provides the differential pay benefit described above for up to 12 school weeks if the person employed in a position requiring certification qualifications is absent on account of maternity or paternity leave. Existing law provides that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of maternity or paternity leave. Existing law prohibits a person employed in a position requiring certification qualifications on maternity or paternity leave pursuant to the Moore-Brown-Roberti Family Rights Act from being denied access to differential pay while on that leave.

This bill would additionally provide that if a school district maintains a rule that credits a person employed in a position requiring certification qualifications at least 100 working days of sick leave paid at no less than 50% of his or her regular salary, when he or she has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, the person employed in a position requiring certification qualifications would be compensated at no less than 50% of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. The bill would no longer require a person employed in a position requiring certification qualifications to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.

Under existing law, when a classified school employee in certain school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. Under existing law, when a classified school employee in certain other school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives at least 50% of the employees regular salary.

This bill would additionally provide the differential pay benefits described above for up to 12 workweeks if the classified school employee is absent on account of parental leave, as defined. The bill would provide that the 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would no longer require a classified employee to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.

Under existing law, when a person employed in an academic position in a community college district exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the person employed in an academic position during that additional period receives the difference between his or her salary and the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed.

This bill would additionally provide the differential pay benefit described above for up to 12 workweeks if the person employed in an academic position is absent on account of parental leave, as defined, as specified. The bill would provide that the 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would additionally provide that if a community college district maintains a rule that credits a person employed in an academic position at least 100 working days of sick leave paid at no less than 50% of the employees regular salary, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, the employee would be compensated at no less than 50% of the employees regular salary for the remaining portion of the 12-workweek period of parental leave. The bill would no longer require a person employed in an academic position to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.

Under existing law, when a person employed in a position requiring certification qualifications exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, he or she, during that additional period, receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. Existing law also provides the differential pay benefit described above for up to 12 school weeks if the person employed in a position requiring certification qualifications is absent on account of maternity or paternity leave. Existing law provides that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of maternity or paternity leave. Existing law prohibits a person employed in a position requiring certification qualifications on maternity or paternity leave pursuant to the Moore-Brown-Roberti Family Rights Act from being denied access to differential pay while on that leave.

This bill would additionally provide that if a school district maintains a rule that credits a person employed in a position requiring certification qualifications at least 100 working days of sick leave paid at no less than 50% of his or her regular salary, when he or she has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, the person employed in a position requiring certification qualifications would be compensated at no less than 50% of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. The bill would no longer require a person employed in a position requiring certification qualifications to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.

Under existing law, when a classified school employee in certain school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. Under existing law, when a classified school employee in certain other school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives at least 50% of the employees regular salary.

This bill would additionally provide the differential pay benefits described above for up to 12 workweeks if the classified school employee is absent on account of parental leave, as defined. The bill would provide that the 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would no longer require a classified employee to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.

Under existing law, when a person employed in an academic position in a community college district exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the person employed in an academic position during that additional period receives the difference between his or her salary and the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed.

This bill would additionally provide the differential pay benefit described above for up to 12 workweeks if the person employed in an academic position is absent on account of parental leave, as defined, as specified. The bill would provide that the 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would additionally provide that if a community college district maintains a rule that credits a person employed in an academic position at least 100 working days of sick leave paid at no less than 50% of the employees regular salary, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, the employee would be compensated at no less than 50% of the employees regular salary for the remaining portion of the 12-workweek period of parental leave. The bill would no longer require a person employed in an academic position to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.

Under existing law, when a person employed in a position requiring certification qualifications exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, he or she, during that additional period, receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. Existing law also provides the differential pay benefit described above for up to 12 school weeks if the person employed in a position requiring certification qualifications is absent on account of maternity or paternity leave. Existing law provides that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of maternity or paternity leave. Existing law prohibits a person employed in a position requiring certification qualifications on maternity or paternity leave pursuant to the Moore-Brown-Roberti Family Rights Act from being denied access to differential pay while on that leave.

This bill would additionally provide that if a school district maintains a rule that credits a person employed in a position requiring certification qualifications at least 100 working days of sick leave paid at no less than 50% of his or her regular salary, when he or she has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, the person employed in a position requiring certification qualifications would be compensated at no less than 50% of his or her regular salary for a period of up to 12 weeks for the remaining portion of the 12-workweek period of parental leave. The bill would require, if a person employed in a position requiring certification qualifications elects to receive the differential pay benefit under these provisions, his or her right to unpaid parental leave pursuant to the Moore-Brown-Roberti Family Rights Act, if any, to be reduced by the amount of time the employee receives the differential pay benefit. no longer require a person employed in a position requiring certification qualifications to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.

Under existing law, when a classified school employee in certain school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. Under existing law, when a classified school employee in certain other school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives at least 50% of the employees regular salary.

This bill would additionally provide the differential pay benefits described above for up to 12 workweeks if the classified school employee is absent on account of parental leave, as defined. The bill would provide that the 12-week 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would require, if a classified employee elects to receive the differential pay benefit under these provisions, his or her right to unpaid parental leave pursuant to the Moore-Brown-Roberti Family Rights Act, if any, to be reduced by the amount of time the employee receives the differential pay benefit. no longer require a classified employee to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.

Under existing law, when a person employed in an academic position in a community college district exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the person employed in an academic position during that additional period receives the difference between his or her salary and the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed.

This bill would additionally provide the differential pay benefit described above for up to 12 workweeks if the person employed in an academic position is absent on account of parental leave, as defined, as specified. The bill would provide that the 12-week 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would additionally provide that if a community college district maintains a rule that credits a person employed in an academic position at least 100 working days of sick leave paid at no less than 50% of the employees regular salary, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, the employee would be compensated at no less than 50% of the employees regular salary for a period of up to 12 weeks for the remaining portion of the 12-workweek period of parental leave. The bill would require, if a person employed in an academic position elects to receive the differential pay benefit under these provisions, his or her right to unpaid parental leave pursuant to the Moore-Brown-Roberti Family Rights Act, if any, to be reduced by the amount of time the employee receives the differential pay benefit. no longer require a person employed in an academic position to have 1,250 hours of service with the employer during the previous 12-month period, as required by the Moore-Brown-Roberti Family Rights Act, in order to take parental leave pursuant to these provisions. The bill would require that parental leave taken pursuant to these provisions run concurrently with parental leave taken pursuant to the act, and that the aggregate amount of parental leave taken pursuant to either these provisions or under the act not exceed 12 workweeks in a 12-month period.

Under existing law, when a person employed in a position requiring certification qualifications exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, he or she, during that additional period, receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. Existing law also provides the differential pay benefit described above for up to 12 school weeks if the person employed in a position requiring certification qualifications is absent on account of maternity or paternity leave. Existing law provides that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of maternity or paternity leave. Existing law prohibits a person employed in a position requiring certification qualifications on maternity or paternity leave pursuant to the Moore-Brown-Roberti Family Rights Act from being denied access to differential pay while on that leave.

This bill would additionally provide that if a school district maintains a rule that credits a person employed in a position requiring certification qualifications at least 100 working days of sick leave paid at no less than 50% of his or her regular salary, when he or she has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, the person employed in a position requiring certification qualifications would be compensated at no less than 50% of his or her regular salary for a period of up to 12 weeks for parental leave. The bill would require, if a person employed in a position requiring certification qualifications elects to receive the differential pay benefit under these provisions, his or her right to unpaid parental leave pursuant to the Moore-Brown-Roberti Family Rights Act, if any, to be reduced by the amount of time the employee receives the differential pay benefit.

Under existing law, when a classified school employee in certain school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. Under existing law, when a classified school employee in certain other school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives at least 50% of the employees regular salary.

This bill would additionally provide the differential pay benefits described above for up to 12 workweeks if the classified school employee is absent on account of parental leave, as defined. The bill would provide that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2017, by a public school employer and an exclusive bargaining representative, these provisions shall not apply until the expiration or renewal of that collective bargaining agreement. The bill would require, if a classified employee elects to receive the differential pay benefit under these provisions, his or her right to unpaid parental leave pursuant to the Moore-Brown-Roberti Family Rights Act, if any, to be reduced by the amount of time the employee receives the differential pay benefit.

Under existing law, when a person employed in an academic position in a community college district exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the person employed in an academic position during that additional period receives the difference between his or her salary and the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed.

This bill would additionally provide the differential pay benefit described above for up to 12 workweeks if the person employed in an academic position is absent on account of parental leave, as defined, as specified. The bill would provide that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would additionally provide that if a community college district maintains a rule that credits a person employed in an academic position at least 100 working days of sick leave paid at no less than 50% of the employees regular salary, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, the employee would be compensated at no less than 50% of the employees regular salary for a period of up to 12 weeks for parental leave. The bill would require, if a person employed in an academic position elects to receive the differential pay benefit under these provisions, his or her right to unpaid parental leave pursuant to the Moore-Brown-Roberti Family Rights Act, if any, to be reduced by the amount of time the employee receives the differential pay benefit.

Under existing law, when a classified school employee in certain school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. Under existing law, when a classified school employee in certain other school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives at least 50% of the employees regular salary.

This bill would additionally provide the differential pay benefits described above for up to 12 workweeks if the classified school employee is absent on account of parental leave, as defined. The bill would provide that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2017, by a public school employer and an exclusive bargaining representative, these provisions shall not apply until the expiration or renewal of that collective bargaining agreement.

Under existing law, when a classified school employee in certain school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. Under existing law, when a classified school employee in certain other school districts and community college districts exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to 5 school months, the employee during that additional period receives at least 50% of the employees regular salary.

This bill would additionally provide the differential pay benefits described above for up to 12 workweeks if the classified school employee is absent on account of parental leave, as defined. The bill would provide that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, during a period of parental leave. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2017, by a public school employer and an exclusive bargaining representative, these provisions shall not apply until the expiration or renewal of that collective bargaining agreement.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2393

Author:(Campos)

As Amended Ver:August 17, 2016

Majority vote

Original Committee Reference: P.E.,R., & S.S.

SUMMARY: Requires classified school employees and community college instructors on parental leave to receive up to 12 weeks of differential pay, as specified, and clarifies provisions requiring certificated school employees on parental leave to receive differential pay. Specifically, this bill:

1. Specifies that a classified employee or community college instructor may use his or her sick leave for up to 12 weeks of parental leave, during each school year,
2. Specifies when a classified employee or community college instructor has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave the amount deducted from the salary due him or her for any of the remaining portion of the 12 week period in which the absence occurs shall not exceed the sum that is actually paid a substitute or temporary employee employed to fill his or her position during his or her absence.
3. Specifies that in school or community college districts that use the differential pay system, as specified, an employee on parental leave who has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent shall be compensated at no less than 50% of his or her regular salary for the remaining portion of the 12 week period, as specified.
4. Specifies the 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period parental leave.
5. Specifies an employee shall not be provided more than one 12-week period for parental leave during any 12-month period.
6. Requires that the parental leave taken pursuant to the bill's provisions run concurrently with parental leave taken pursuant to the California Family Rights Act (CFRA) and that the aggregate amount of parental leave taken under either of these provisions cannot exceed 12 workweeks in a 12-month period.
7. Specifies that these provisions are applicable whether or not the absence from duty is for a leave of absence granted by the governing board of the school or community college district.
8. Specifies that notwithstanding the requirements of the CFRA, an employee is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this bill's provisions.
9. Specifies that nothing in these provisions shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement that provides greater parental leave rights to employees than the rights established by this bill.
10. Defines "parental leave" as leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.
11. Conforms provisions of existing law that require certificated school employees on parental leave to receive differential pay to the above requirements.

The Senate amendments:

1. Clarify that the 12 weeks of parental leave provided by this bill runs concurrently with parental leave taken pursuant to the CFRA and that combined amount cannot exceed 12 workweeks in a 12-month period.
2. Specify that notwithstanding the requirements of the CFRA, an employee is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this bill's provisions.
3. Make other technical, clarifying and conforming changes.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: Existing federal law provides for the Family Medical Leave Act (FMLA), which unpaid, job-protected leave for specified family and medical reasons for 12 weeks in a 12-month period. This includes which includes the birth of a child or parental bonding.

Existing state law establishes California Family Rights Act (CFRA) which requires employers to grant employees up to 12 weeks of unpaid protected leave, in any 12-month period, to care for a seriously ill spouse, child or parent, or for their own serious medical condition, which includes the birth of a child or parental bonding.

According to the sponsor, most classified school employees, "…are part-time employees and nearly 80% are women. These employees are not provided paid parental leave, which has created an inequity between classified employees and teachers. Current law provides K-12 teachers with paid parental leave. AB 2393 is modeled after the law and would provide classified school employees with the same paid parental leave rights, which remedies the inequity. AB 2393 also includes community college faculty and does clean-up and conformity to the existing teacher law."

Supporters conclude, "Currently, classified employees do not have a paid parental leave program. This puts classified employees in a situation where they have to choose between bonding with their newborn child and being paid. This is a terrible situation for any parent to be in. AB 2393 remedies the problem with a modest approach. It simply allows classified employees to use their earned sick leave and differential pay for up to 12 weeks for child birth and bonding, similar to teachers."

Opponents state, "As organizations, we strongly support family leave and the bonding children that the current law provides. However, we are concerned that the expansion of this leave – and the possibility that the leave could be as long as 24 months – will result in districts not being able to fund priority programmatic enhancements in their Local Control Accountability Plans and exacerbating our current shortage of substitute teachers."

This bill is similar to AB 375 (Campos), Chapter 400, Statutes of 2015, which requires certificated school employees on maternity or paternity leave to receive differential pay.

Analysis Prepared by: Karon Green / P.E.,R., & S.S. / (916) 319-3957 FN: 0004727

 THIRD READING  

Bill No: AB 2393

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 8-1, 6/15/16

AYES: Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak

NOES: Huff

ASSEMBLY FLOOR: 53-22, 5/19/16 - See last page for vote

SUBJECT:

SOURCE: American Federation of State, County and Municipal Employees

DIGEST: This bill requires K-14 classified school employees and community college faculty on maternity or paternity leave to receive differential pay for up to 12 workweeks of unpaid and protected family and medical leave, as specified, and makes clarifying changes to the statutory provisions regarding differential pay for certificated employees.

ANALYSIS:

Existing law:

1. Provides differential pay to certificated employees for illness or accident. Specifically, it provides that, during each school year, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on maternity leave or paternity leave for a period of up to twelve school weeks, whether or not the absence arises out of or in the course of the employment of the employee, the amount deducted from the salary due him or her for any of the twelve weeks in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. Requires the school district to make every reasonable effort to secure the services of a substitute employee. Specifies that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of maternity or paternity leave, as specified. Specifies that an employee shall not be provided more than one 12-week period per maternity leave or paternity leave.  Provides that if a school year terminates before the five-month period is exhausted, the employee may take the balance of the 12-week period in a subsequent school year. (Education Code § 44977.5)
2. Requires that any employee has the right to use sick leave and to obtain differential pay for absences necessitated by pregnancy, miscarriage, childbirth, and recovery. (Education Code § 44978)
   

This bill:

1. Provides that, for certificated employees:
   1. A certificated employee may use his or her sick leave for up to 12 workweeks for purposes of parental leave during each school year, and makes other conforming changes, as specified.
   2. In school districts that use the differential pay system, as specified, when an employee requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, that person shall be compensated at not less than 50 percent of his or her regular salary for parental leave.
   3. Parental leave taken shall run concurrently with parental leave taken pursuant to Government Code Section 12945.2 and that the aggregate amount shall not exceed 12 workweeks in a 12 month period.
   4. Employees are not required to have 1,250 hours of service with the employer during the previous 12 month period in order to take parental leave
2. Provides that a classified employee may use his or her sick leave for up to 12 workweeks for purposes of parental leave during each school year.
3. Specifies that in school and community college districts that use the differential pay system, as specified, when a classified employee or community college instructor has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave the amount deducted from the salary due him or her for any of the remaining portion of the 12 workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute or temporary employee employed to fill his or her position during his or her absence.
4. Specifies that if a school or community college district that use the differential pay system, as specified, when an employee on parental leave who has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent shall be compensated at no less than 50% of his or her regular salary for the remaining portion of the 12workweek period of parental leave.
5. Specifies that the 12 workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.
   
6. Specifies that an employee shall not be provided more than one 12 workweek period for parental leave during any 12-month period and that this parental leave shall run concurrently with the parental leave take pursuant to Government Code Section 12945.2. Provides that the aggregate amount shall not exceed 12 workweeks in a 12 month period.
7. Specifies that these provisions are applicable whether or not the absence from duty is for a leave of absence granted by the governing board of the school or community college district.
   
8. Provides that the employee is not required to have 1,250 hours of service with the employer during the previous 12 month period in order to take parental leave, as specified.
9. Specifies that nothing in these provisions shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement that provides greater parental leave rights to employees than the rights established by this bill.
10. Defines "parental leave" as leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.

Comments

Need for the bill. According to the author’s office, “classified employees and community college faculty who are new mothers and fathers are only entitled to 12 weeks of unpaid parental leave under the California Family Rights Act (CFRA). Most classified employees are not covered by State Disability Insurance (SDI) and do not receive paid parental leave under that program. In addition, classified employees are the lowest paid employees working in our schools and are denied paid parental leave while others are not. Paid parental leave helps keep people in the workforce after they have children.”

This bill provides classified school employees and community college faculty with the same paid parental leave rights as certificated employees.

Pregnancy disability leave. Existing law provides that it is unlawful to refuse to allow a female employee disabled by pregnancy, childbirth, or a related medical condition to take leave not to exceed four months. The employee is entitled to use vacation leave during this time. Once the vacation time is exhausted, the employee can receive differential pay for the remaining time, for up to five months.

Protected leave. Existing law also prohibits, except under certain circumstances, the refusal to grant a request by any employee with a certain amount of service to take up to a total of 12 workweeks in a 12 month period for family care and medical leave. The employer is required to provide the employee a guarantee of employment in the same or comparable position upon the termination of the leave. The law specifies that this protected leave is separate and distinct from the pregnancy disability leave. Once an employee is cleared to return to work by a physician, the employee may take this protected leave.

The federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide certain employees up to 12 weeks of unpaid, job-protected leave a year for the purpose of bonding with a child, care for a parent, spouse, or child with a serious health condition, or due to an employee’s own serious health condition, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. But there is no pay associated with the FMLA and CFRA, other than what the employee has earned in other accrued leaves that may apply. The FMLA and CFRA are only employment protected leaves.

Paid Family Leave (PFL). The PFL program extends disability compensation to individuals (male or female) who take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a new child, or a child in connection with adoption or foster care placement. The PFL program is a component of the SDI program and workers covered by the SDI program are also covered for this benefit. The maximum benefit is six times the weekly benefit amount, with no more than six weeks of PFL benefits paid within any 12-month period. Employees may only be eligible for the PFL program if they are covered by the SDI program through a negotiated agreement with the State of California. If an employee does not pay into the SDI program, he or she would not be eligible to receive disability compensation under PFL. In this scenario and assuming the employee is on leave for bonding time, the employee would need to use vacation time, sick leave, or personal necessity to receive compensation or elect to take leave without pay.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/19/16)

American Federation of State, County and Municipal Employees (source)

California Federation of Teachers

California Labor Federation

California Professional Firefighters

California School Employees Association

California Teachers Association

Courage Campaign

Faculty Association of California Community Colleges

Family Coalition

First 5 California

LIUNA Locals 777

Moreland Teachers Association

National Council of Jewish Women-CA

Oak Grove Educators Association

Saratoga Teacher’s Association

Service Employees International Union

OPPOSITION: (Verified 8/19/16)

California School Boards Association

San Diego Unified School District

ASSEMBLY FLOOR: 53-22, 5/19/16

AYES: Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Wood, Rendon

NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk

NO VOTE RECORDED: Chang, Mathis, McCarty, Weber, Williams

Prepared by:

8/19/16 19:25:14

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No:

Subject:

SUMMARY

This bill requires K-14 classified school employees and community college faculty on maternity or paternity leave to receive differential pay for the12 weeks of unpaid and protected family and medical leave, and makes clarifying changes to the statutory provisions regarding differential pay for certificated employees.

BACKGROUND

Existing law:

1. Provides differential pay to certificated employees for illness or accident. Specifically, it provides that, during each school year, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on maternity leave or paternity leave for a period of up to twelve school weeks, whether or not the absence arises out of or in the course of the employment of the employee, the amount deducted from the salary due him or her for any of the twelve weeks in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. Requires the school district to make every reasonable effort to secure the services of a substitute employee. Specifies that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of maternity or paternity leave, as specified. Specifies that an employee shall not be provided more than one 12-week period per maternity leave or paternity leave.  Provides that if a school year terminates before the five-month period is exhausted, the employee may take the balance of the 12-week period in a subsequent school year. (Education Code § 44977.5)
2. Requires that any employee has the right to use sick leave and to obtain differential pay for absences necessitated by pregnancy, miscarriage, childbirth, and recovery. (Education Code § 44978)
   

ANALYSIS

This bill conforms the provisions of existing law that provide differential pay to certificated school employees to classified employees and community college faculty. Specifically, this bill:

1. Provides that a certificated employee may use his or her sick leave for up to 12 weeks for purposes of parental leave during each school year, and makes other conforming changes, as specified. Provides that if a school district maintains a rule that credits a certificated employee with no less than 100 working days of sick leave paid at no less than 50 percent of his or her regular salary, when he or she has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, that person shall be compensated at not less than 50 percent of his or her regular salary for a period of up to 12 weeks for parental leave.
2. Provides that nothing in the section shall be construed as requiring a certificated employee to use his or her sick leave for the purposes of parental leave as a condition of retaining his or her rights to unpaid parental leave, as specified. Provides that if a certificated employee elects to receive the differential pay benefit, his or her right to unpaid parental leave shall be reduced by the amount of time the employee receives the differential pay benefit.
3. Provides that a classified employee may use his or her sick leave for up to 12 weeks for purposes of parental leave during each school year.
4. Specifies that when a classified employee or community college instructor has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave the amount deducted from the salary due him or her for any of the additional 12 weeks in which the absence occurs shall not exceed the sum that is actually paid a substitute or temporary employee employed to fill his or her position during his or her absence.
5. Specifies that if a school or community college district that maintains a rule that credits a classified employee or community college instructor with no less than 100 days of sick leave paid at no less than 50% of the employee's regular salary, an employee on parental leave who has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent shall be compensated at no less than 50% of his or her regular salary, as specified.
6. Specifies that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.
   
7. Specifies an employee shall not be provided more than one 12-week period for paid parental leave during any 12-month period.
8. Specifies that these provisions are applicable whether or not the absence from duty is for a leave of absence granted by the governing board of the school or community college district.
   
9. Provides that nothing in the section shall be construed as requiring a classified employee or community college instructor to use his or her sick leave for the purposes of parental leave as a condition of retaining his or her rights to unpaid parental leave, as specified. Provides that if the employee elects to receive the differential pay benefit, his or her right to unpaid parental leave shall be reduced by the amount of time the employee receives the differential pay benefit.
10. Specifies that nothing in these provisions shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement that provides greater parental leave rights to employees than the rights established by this bill.
11. Defines "parental leave" as leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.

STAFF COMMENTS

1. Need for the bill. According to the author’s office, “classified employees and community college faculty who are new mothers and fathers are only entitled to 12 weeks of unpaid parental leave under the California Family Rights Act (CFRA). Most classified employees are not covered by State Disability Insurance (SDI) and do not receive paid parental leave under that program. In addition, classified employees are the lowest paid employees working in our schools and are denied paid parental leave while others are not. Paid parental leave helps keep people in the workforce after they have children.”

This bill would provide classified school employees and community college faculty with the same paid parental leave rights as certificated employees.

1. Pregnancy disability leave. Existing law provides that it is unlawful to refuse to allow a female employee disabled by pregnancy, childbirth, or a related medical condition to take leave not to exceed four months. The employee is entitled to use vacation leave during this time. Once the vacation time is exhausted, the employee can receive differential pay for the remaining time, for up to five months.
2. Protected leave. Existing law also prohibits, except under certain circumstances, the refusal to grant a request by any employee with a certain amount of service to take up to a total of 12 workweeks in a 12 month period for family care and medical leave. The employer is required to provide the employee a guarantee of employment in the same or comparable position upon the termination of the leave. The law specifies that this protected leave is separate and distinct from the pregnancy disability leave. Once an employee is cleared to return to work by a physician, the employee may take this protected leave.

The federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide certain employees up to 12 weeks of unpaid, job-protected leave a year for the purpose of bonding with a child, care for a parent, spouse, or child with a serious health condition, or due to an employee’s own serious health condition, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. But there is no pay associated with the FMLA and CFRA, other than what the employee has earned in other accrued leaves that may apply. The FMLA and CFRA are only employment protected leaves.

1. Paid Family Leave (PFL). The PFL program extends disability compensation to individuals (male or female) who take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a new child, or a child in connection with adoption or foster care placement. The PFL program is a component of the State Disability Insurance (SDI) program and workers covered by the SDI program are also covered for this benefit. The maximum benefit is six times the weekly benefit amount, with no more than six weeks of PFL benefits paid within any 12-month period. Employees may only be eligible for the PFL program if they are covered by the SDI program through a negotiated agreement with the State of California. If an employee does not pay into the SDI program, he or she would not be eligible to receive disability compensation under PFL. In this scenario and assuming the employee is on leave for bonding time, the employee would need to use vacation time, sick leave, or personal necessity to receive compensation or elect to take leave without pay.
2. Previous legislation. AB 375 (Campos, Chapter 400, Statutes of 2015) expanded the instances in which differential pay is provided to certificated employees for purposes of maternity and paternity leave to include the 12 workweek protected leave.

SUPPORT

American Federation of State, County and Municipal Employees

California Federation of Teachers

California Labor Federation

California Professional Firefighters

California School Employees Association

California Teachers Association

Courage Campaign

Faculty Association of California Community Colleges

Family Coalition

First 5 California

LIUNA Locals 777

Moreland Teachers Association

National Council of Jewish Women-CA

Oak Grove Educators Association

Saratoga Teacher’s Association

Service Employees International Union

OPPOSITION

Association of California School Administrators

California School Boards Association

San Diego Unified School District

-- END --

 THIRD READING  

Bill No: AB 2393

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 8-1, 6/15/16

AYES: Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak

NOES: Huff

ASSEMBLY FLOOR: 53-22, 5/19/16 - See last page for vote

SUBJECT:

SOURCE: American Federation of State, County and Municipal Employees

DIGEST: This bill requires K-14 classified school employees and community college faculty on maternity or paternity leave to receive differential pay for the 12 weeks of unpaid and protected family and medical leave, and makes clarifying changes the statutory provisions regarding differential pay for certificated employees.

ANALYSIS:

Existing law:

1. Provides differential pay to certificated employees for illness or accident. Specifically, it provides that, during each school year, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on maternity leave or paternity leave for a period of up to twelve school weeks, whether or not the absence arises out of or in the course of the employment of the employee, the amount deducted from the salary due him or her for any of the twelve weeks in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. Requires the school district to make every reasonable effort to secure the services of a substitute employee. Specifies that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of maternity or paternity leave, as specified. Specifies that an employee shall not be provided more than one 12-week period per maternity leave or paternity leave.  Provides that if a school year terminates before the five-month period is exhausted, the employee may take the balance of the 12-week period in a subsequent school year. (Education Code § 44977.5)
2. Requires that any employee has the right to use sick leave and to obtain differential pay for absences necessitated by pregnancy, miscarriage, childbirth, and recovery. (Education Code § 44978)
   

This bill:

1. Provides that a certificated employee may use his or her sick leave for up to 12 weeks for purposes of parental leave during each school year, and makes other conforming changes, as specified. Provides that if a school district maintains a rule that credits a certificated employee with no less than 100 working days of sick leave paid at no less than 50 percent of his or her regular salary, when he or she has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave, that person shall be compensated at not less than 50 percent of his or her regular salary for a period of up to 12 weeks for parental leave.
2. Provides that nothing in the section shall be construed as requiring a certificated employee to use his or her sick leave for the purposes of parental leave as a condition of retaining his or her rights to unpaid parental leave, as specified. Provides that if a certificated employee elects to receive the differential pay benefit, his or her right to unpaid parental leave shall be reduced by the amount of time the employee receives the differential pay benefit.
3. Provides that a classified employee may use his or her sick leave for up to 12 weeks for purposes of parental leave during each school year.
4. Specifies that when a classified employee or community college instructor has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave the amount deducted from the salary due him or her for any of the additional 12 weeks in which the absence occurs shall not exceed the sum that is actually paid a substitute or temporary employee employed to fill his or her position during his or her absence.
5. Specifies that if a school or community college district that maintains a rule that credits a classified employee or community college instructor with no less than 100 days of sick leave paid at no less than 50% of the employee's regular salary, an employee on parental leave who has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent shall be compensated at no less than 50% of his or her regular salary, as specified.
6. Specifies that the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.
7. Specifies an employee shall not be provided more than one 12-week period for paid parental leave during any 12-month period.
8. Specifies that these provisions are applicable whether or not the absence from duty is for a leave of absence granted by the governing board of the school or community college district.
9. Provides that nothing in the section shall be construed as requiring a classified employee or community college instructor to use his or her sick leave for the purposes of parental leave as a condition of retaining his or her rights to unpaid parental leave, as specified. Provides that if the employee elects to receive the differential pay benefit, his or her right to unpaid parental leave shall be reduced by the amount of time the employee receives the differential pay benefit.
10. Specifies that nothing in these provisions shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement that provides greater parental leave rights to employees than the rights established by this bill.
11. Defines "parental leave" as leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.

Comments

Need for the bill. According to the author’s office, “classified employees and community college faculty who are new mothers and fathers are only entitled to 12 weeks of unpaid parental leave under the California Family Rights Act (CFRA). Most classified employees are not covered by State Disability Insurance (SDI) and do not receive paid parental leave under that program. In addition, classified employees are the lowest paid employees working in our schools and are denied paid parental leave while others are not. Paid parental leave helps keep people in the workforce after they have children.”

This bill provides classified school employees and community college faculty with the same paid parental leave rights as certificated employees.

Pregnancy disability leave. Existing law provides that it is unlawful to refuse to allow a female employee disabled by pregnancy, childbirth, or a related medical condition to take leave not to exceed four months. The employee is entitled to use vacation leave during this time. Once the vacation time is exhausted, the employee can receive differential pay for the remaining time, for up to five months.

Protected leave. Existing law also prohibits, except under certain circumstances, the refusal to grant a request by any employee with a certain amount of service to take up to a total of 12 workweeks in a 12 month period for family care and medical leave. The employer is required to provide the employee a guarantee of employment in the same or comparable position upon the termination of the leave. The law specifies that this protected leave is separate and distinct from the pregnancy disability leave. Once an employee is cleared to return to work by a physician, the employee may take this protected leave.

The federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide certain employees up to 12 weeks of unpaid, job-protected leave a year for the purpose of bonding with a child, care for a parent, spouse, or child with a serious health condition, or due to an employee’s own serious health condition, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. But there is no pay associated with the FMLA and CFRA, other than what the employee has earned in other accrued leaves that may apply. The FMLA and CFRA are only employment protected leaves.

Paid Family Leave (PFL). The PFL program extends disability compensation to individuals (male or female) who take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a new child, or a child in connection with adoption or foster care placement. The PFL program is a component of the SDI program and workers covered by the SDI program are also covered for this benefit. The maximum benefit is six times the weekly benefit amount, with no more than six weeks of PFL benefits paid within any 12-month period. Employees may only be eligible for the PFL program if they are covered by the SDI program through a negotiated agreement with the State of California. If an employee does not pay into the SDI program, he or she would not be eligible to receive disability compensation under PFL. In this scenario and assuming the employee is on leave for bonding time, the employee would need to use vacation time, sick leave, or personal necessity to receive compensation or elect to take leave without pay.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/17/16)

American Federation of State, County and Municipal Employees (source)

California Federation of Teachers

California Labor Federation

California Professional Firefighters

California School Employees Association

California Teachers Association

Courage Campaign

Faculty Association of California Community Colleges

Family Coalition

First 5 California

LIUNA Locals 777

Moreland Teachers Association

National Council of Jewish Women-CA

Oak Grove Educators Association

Saratoga Teacher’s Association

Service Employees International Union

OPPOSITION: (Verified 6/17/16)

Association of California School Administrators

California School Boards Association

San Diego Unified School District

ASSEMBLY FLOOR: 53-22, 5/19/16

AYES: Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Wood, Rendon

NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk

NO VOTE RECORDED: Chang, Mathis, McCarty, Weber, Williams

Prepared by:

6/17/16 15:03:53

**** END ****

ASSEMBLY THIRD READING

ATR Bill Id:AB 2393

Author:(Campos)

As Amended Ver:April 21, 2016

Majority vote

SUMMARY: Requires classified school employees and community college instructors on parental leave to receive up to 12 weeks of differential pay, as specified, and clarifies provisions requiring certificated school employees on parental leave to receive differential pay. Specifically, this bill:

1. Specifies that a classified employee or community college instructor may use his or her sick leave for up to 12 weeks of parental leave, during each school year,
2. Specifies when a classified employee or community college instructor has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave the amount deducted from the salary due him or her for any of the additional 12 weeks in which the absence occurs shall not exceed the sum that is actually paid a substitute or temporary employee employed to fill his or her position during his or her absence.
3. Specifies that in school or community college districts that maintain a rule that credits a classified employee or community college instructor with no less than 100 days of sick leave paid at no less than 50% of the employee's regular salary, an employee on parental leave who has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent shall be compensated at no less than 50% of his or her regular salary, as specified.
4. Specifies the 12-week period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period parental leave.
5. Specifies an employee shall not be provided more than one 12-week period for paid parental leave during any 12-month period.
6. Specifies that these provisions are applicable whether or not the absence from duty is for a leave of absence granted by the governing board of the school or community college district.
7. Specifies that nothing in these provisions shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement that provides greater parental leave rights to employees than the rights established by this bill.
8. Defines "parental leave" as leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.
9. Conforms provisions of existing law that require certificated school employees on parental leave to receive differential pay to the above requirements.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: Existing federal law provides for the Family Medical Leave Act (FMLA), which unpaid, job-protected leave for specified family and medical reasons for 12 weeks in a 12-month period. This includes which includes the birth of a child or parental bonding.

Existing state law establishes California Family Rights Act (CFRA) which requires employers to grant employees up to 12 weeks of unpaid protected leave, in any 12-month period, to care for a seriously ill spouse, child or parent, or for their own serious medical condition, which includes the birth of a child or parental bonding.

According to the sponsor, most classified school employees, "…are part-time employees and nearly eighty percent are women. These employees are not provided paid parental leave, which has created an inequity between classified employees and teachers. Current law provides K-12 teachers with paid parental leave. AB 2393 is modeled after the law and would provide classified school employees with the same paid parental leave rights, which remedies the inequity. AB 2393 also includes community college faculty and does clean-up and conformity to the existing teacher law."

Supporters conclude, "Currently, classified employees do not have a paid parental leave program. This puts classified employees in a situation where they have to choose between bonding with their newborn child and being paid. This is a terrible situation for any parent to be in. AB 2393 remedies the problem with a modest approach. It simply allows classified employees to use their earned sick leave and differential pay for up to 12 weeks for child birth and bonding, similar to teachers."

Opponents state, "As organizations, we strongly support family leave and the bonding children that the current law provides. However, we are concerned that the expansion of this leave – and the possibility that the leave could be as long as 24 months – will result in districts not being able to fund priority programmatic enhancements in their Local Control Accountability Plans and exacerbating our current shortage of substitute teachers."

This bill is similar to AB 375 (Campos), Chapter 400, Statutes of 2015, which requires certificated school employees on maternity or paternity leave to receive differential pay.

Analysis Prepared by: Karon Green / P.E.,R., & S.S. / (916) 319-3957 FN: 0002891