AB 568: School and community college employees: paid maternity leave.

(1)Existing law requires the governing board of a school district, and the governing board of a community college district, to provide for a leave of absence from duty for a certificated employee, or an academic employee, of the district who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom.

Existing law, the Charter Schools Act of 1992, provides for the establishment and operation of charter schools, and exempts charter schools from the laws governing school districts, except as specified.

This bill would require the governing board of a school district, the governing body of a charter school, and the governing board of a community college district to provide at least 6 weeks of a leave of absence with full pay for a certificated employee, or an academic employee, of the district or charter school who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. The bill would authorize the paid leave to begin before and continue after childbirth, provided that the employee is actually disabled by pregnancy, childbirth, or a related condition.

(2)Existing law authorizes the governing board of a school district, and the governing board of a community college district, to provide for such leave of absence from duty as it deems appropriate for a female employee in the classified service of the district who is required to absent herself from her duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. Existing law authorizes the governing board of a school district, and the governing board of a community college district, to adopt rules and regulations prescribing the manner of proof of pregnancy, the time during pregnancy at which the leave of absence shall be taken, and the length of time for which the leave of absence shall continue after birth of the child. Existing law also authorizes the governing board of a school district, and the governing board of a community college district, to provide in the rules and regulations whether the leave granted shall be with or without pay, as provided.

This bill would instead require the governing board of a school district, the governing body of a charter school, and the governing board of a community college district to provide for such leave of absence from duty as it deems appropriate for a female employee in the classified service of the district or charter school who is required to absent herself from her duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. The bill would require the governing board of a school district, the governing body of a charter school, and the governing board of a community college district to adopt rules and regulations prescribing the manner of proof of pregnancy and the duration of the leave of absence, provided that at least 6 weeks of the leave of absence shall be with full pay. The bill would also require the governing board of a school district, the governing body of a charter school, and the governing board of a community college district to provide in the rules and regulations that at least 6 weeks of the leave granted shall be with full pay.

(3)This bill would prohibit these provisions from diminishing the right of an employee of a school district, charter school, or community college district to take, or be compensated during, other leaves of absence, as provided.

(4)This bill would also make various nonsubstantive changes to these provisions.