Bill Text: CA AB2901 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2901

Introduced

Bill Title: School and community college employees: paid disability and parental leave.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced) 2024-04-24 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (April 23). Re-referred to Com. on APPR. [AB2901 Detail]

Download: California-2023-AB2901-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2901

Introduced by Assembly Member Aguiar-Curry
(Principal coauthor: Assembly Member Cervantes)
(Coauthors: Assembly Members Bonta, Ortega, Quirk-Silva, and Schiavo)
(Coauthor: Senator Durazo)

February 15, 2024

An act to amend Sections 44965, 45193, 87766, and 88193 of the Education Code, relating to employees.

LEGISLATIVE COUNSEL'S DIGEST

AB 2901, as introduced, Aguiar-Curry. School and community college employees: paid disability and parental leave.

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 duty because of pregnancy, miscarriage, childbirth, and recovery from those conditions.

Existing law authorizes 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 as it deems appropriate for a female employee in the classified service of the district who is required to be absent from duty because of pregnancy or convalescence following childbirth. Existing law authorizes a governing board to adopt rules and regulations about leaves of absence for classified employees for these purposes, and authorizes a governing board to provide in the rules and regulations whether the leave granted shall be with or without pay, as provided.

This bill would delete the latter provisions authorizing a governing board of a school district and the governing board of a community college district to adopt those rules and regulations. The bill instead would require a public school employer to, for a certificated employee or an employee in the classified service of the public school employer, and would require a community college district to, for an academic employee or an employee in the classified service of the community college district, provide up to 14 weeks of a leave of absence with full pay for an employee who is required to be absent from duty because of pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions. The bill would authorize the paid leave to begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or a related condition. The bill would prohibit a leave of absence taken pursuant to these provisions from being deducted from other leaves of absence, as provided.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 44965 of the Education Code is amended to read:

44965.

~~The governing board of any school district~~ (a) A public school employer shall provide for a leave of absence from duty for ~~any~~ a certificated employee of the ~~district~~ public school employer who is required to be absent from ~~duties because of~~ duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, ~~and recovery therefrom.~~ termination of pregnancy, or recovery from those conditions. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. The leave of absence shall be with full pay, subject to a maximum of 14 weeks. A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee pursuant to state or federal regulations or laws. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions.

~~Disabilities~~

(b) Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, ~~and recovery therefrom~~ termination of pregnancy, or recovery from those conditions are, for all job-related purposes, temporary ~~disabilities~~ disabilities, and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by ~~any school district.~~ a public school employer.

~~Except~~

(c) Except as provided ~~herein,~~ in this section, written and unwritten employment policies and practices of ~~any school district~~ a public school employer shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities.

This section shall be construed as requiring the governing board of a school 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.
(d) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater disability or parental leave rights to employees than the rights established under this section.

SEC. 2.

Section 45193 of the Education Code is amended to read:

45193.

~~The governing board of any school district may~~ (a) (1) A public school employer shall provide for ~~such~~ a leave of absence from duty ~~as it deems appropriate for any female~~ for an employee in the classified service of the ~~district~~ public school employer who is required to be absent herself from her duties because of pregnancy or convalescence following childbirth, and may 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. The board may also provide in the rules and regulations whether leave granted under this section shall be with or without pay and, if with pay, the amount, if any, to be deducted from the salary due the employee for the period in which the absence occurs. However, nothing in this section shall be construed so as to deprive any employee of sick leave rights under other sections of this code for absences due to illness or injury resulting from pregnancy. from duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. The leave of absence shall be with full pay, subject to a maximum of 14 weeks. A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee pursuant to state or federal regulations or laws. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions.

(b) Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions are, for all job-related purposes, temporary disabilities, and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by a public school employer.
(c) Except as provided in this section, written and unwritten employment policies and practices of a public school employer shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities.
(d) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater disability or parental leave rights to employees than the rights established under this section.
~~This~~

(e) This section shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section ~~45240) of this chapter.~~ 45240).

SEC. 3.

Section 87766 of the Education Code is amended to read:

87766.

(a) The governing board of a community college district shall provide for a leave of absence from duty for ~~any~~ an academic employee of the community college district who is required to be absent from ~~duties because of~~ duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, ~~and recovery therefrom.~~ termination of pregnancy, or recovery from those conditions. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. The leave of absence shall be with full pay, subject to a maximum of 14 weeks. A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee pursuant to state or federal regulations or laws. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions.

~~Disabilities~~

~~Except~~

(c) Except as provided ~~herein,~~ in this section, written and unwritten employment policies and practices of a community college district shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities.

This section shall be construed 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.
(d) Nothing in this section shall be construed to diminish the obligation of a community college district to comply with any collective bargaining agreement entered into by a community college district and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater disability or parental leave rights to employees than the rights established under this section.

SEC. 4.

Section 88193 of the Education Code is amended to read:

88193.

(a) The governing board of ~~any~~ a community college district ~~may~~ shall provide for ~~such~~ a leave of absence from duty ~~as it deems appropriate for any female~~ for an employee in the classified service of the community college district who is required to be absent herself from her duties because of pregnancy or convalescence following childbirth, and may 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. The board may also provide in the rules and regulations whether leave granted under this section shall be with or without pay and, if with pay, the amount, if any, to be deducted from the salary due the employee for the period in which the absence occurs. However, nothing in this section shall be construed so as to deprive any employee of sick leave rights under other sections of this code for absences due to illness or injury resulting from pregnancy. from duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. The leave of absence shall be with full pay, subject to a maximum of 14 weeks. A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee pursuant to state or federal regulations or laws. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions.

(b) Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions are, for all job-related purposes, temporary disabilities, and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by a community college district.
(c) Except as provided in this section, written and unwritten employment policies and practices of a community college district shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities.
(d) Nothing in this section shall be construed to diminish the obligation of a community college district to comply with any collective bargaining agreement entered into by a community college district and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater disability or parental leave rights to employees than the rights established under this section.
~~This~~

(e) This section shall apply to community college districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section ~~88060) of this chapter.~~ 88060).