Bill Text: CA AB375 | 2015-2016 | Regular Session | Chaptered

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Bill Title: School employees: sick leave: paternity and maternity leave.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-01 - Chaptered by Secretary of State - Chapter 400, Statutes of 2015. [AB375 Detail]

Download: California-2015-AB375-Chaptered.html

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BILL NUMBER: AB 375	CHAPTERED
	BILL TEXT

	CHAPTER  400
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2015
	APPROVED BY GOVERNOR  OCTOBER 1, 2015
	PASSED THE SENATE  SEPTEMBER 3, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2015
	AMENDED IN SENATE  JULY 8, 2015
	AMENDED IN ASSEMBLY  MAY 4, 2015

INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 18, 2015

   An act to add Section 44977.5 to the Education Code, relating to
school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 375, Campos. School employees: sick leave: paternity and
maternity leave.
   Under existing law, when a certificated school employee 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 or, if no
substitute employee was employed, the amount that would have been
paid to the substitute had he or she been employed.
   This bill would additionally provide the differential pay benefit
described above for up to 12 weeks if the certificated school
employee is absent on account of maternity or paternity 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, during a period of maternity or paternity leave. The bill
would prohibit a certificated school employee 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.
The bill would provide that, to the extent these provisions conflict
with any provision of a collective bargaining agreement entered into
before January 1, 2016, 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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44977.5 is added to the Education Code, to
read:
   44977.5.  (a) 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 account of maternity
or paternity leave pursuant to Section 12945.2 of the Government
Code for a period of up to 12 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 additional 12 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. The school
district shall make every reasonable effort to secure the services of
a substitute employee.
   (b) For purposes of subdivision (a):
   (1) 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 pursuant Section 12945.2 of the
Government Code.
   (2) An employee shall not be provided more than one 12-week period
per maternity or paternity leave. However, if a school year
terminates before the 12-week period is exhausted, the employee may
take the balance of the 12-week period in the subsequent school year.

   (3) An employee on maternity or paternity leave pursuant to
Section 12945.2 of the Government Code shall not be denied access to
differential pay while on that leave.
   (c) This section shall be applicable whether or not the absence
from duty is by reason of a leave of absence granted by the governing
board of the employing school district.
   (d) To the extent that this section conflicts with a provision of
a collective bargaining agreement entered into by a public school
employer and an exclusive bargaining representative before January 1,
2016, pursuant to Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, this section shall not
apply until expiration or renewal of that collective bargaining
agreement.
   (e) For purposes of this section, "maternity or paternity leave"
means 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.