AB 472: Classified school district and community college employees: compulsory leaves of absence: compensation.

Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications, and requires the governing board of a community college district to employ persons for positions that are not academic. For those employees, known as the classified service, existing law authorizes those governing boards to grant leaves of absence and vacations with or without pay.

This bill would explicitly provide that the above-referenced authority of the governing boards of school districts and community college districts, to grant leaves of absence and vacations with or without pay, applies to voluntary leaves of absence and vacations.

Existing law establishes procedures for a school district or community college district to adopt a merit system for its classified employees and, if adopted, requires compliance with specified laws related to imposing discipline on its classified employees. For certain criminal charges for which a compulsory leave of absence or suspension without pay is imposed, existing law requires the employee to receive back pay after an acquittal or dismissal of the charges. Existing law authorizes a school district or community college that has not adopted a merit system to adopt rules for imposing discipline on its classified employees, subject to limited restrictions.

This bill would require a classified employee placed on an involuntary leave of absence while the employee has criminal charges, a criminal investigation, or an administrative matter pending, to receive full compensation for the period of involuntary leave if the matter is resolved in favor of the employee, regardless of whether or not a merit system has been adopted.