AB 2393 — School employees: sick leave: parental leave.

Summary

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 employee's 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 employee's 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 employee's 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.

Bill Text

• Chaptered 09/30/16 - Chaptered Current pdf September 30, 2016
• Enrolled 08/29/16 - Enrolled pdf August 29, 2016
• Amended 08/17/16 - Amended Senate pdf August 17, 2016
• Amended 06/09/16 - Amended Senate pdf June 09, 2016
• Amended 04/21/16 - Amended Assembly pdf April 21, 2016
• Introduced 02/18/16 - Introduced pdf February 18, 2016
• AB2393 View text html

Action History

1. September 30, 2016

   Chaptered by Secretary of State - Chapter 883, Statutes of 2016.

2. September 30, 2016

   Approved by the Governor.

3. September 02, 2016

   Enrolled and presented to the Governor at 12 p.m.

4. August 25, 2016

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 22. Page 6281.).

5. August 23, 2016

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

6. August 22, 2016

   Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 10. Page 5254.).

7. August 19, 2016

   Read second time. Ordered to third reading.

8. August 18, 2016

   Ordered to second reading.

9. August 18, 2016

   (Ayes 23. Noes 12. Page 5138.)

10. August 18, 2016

    Withdrawn from committee.

11. August 17, 2016

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

12. August 11, 2016

    Re-referred to Com. on RLS.

13. June 16, 2016

    Read second time. Ordered to third reading.

14. June 15, 2016

    From committee: Do pass. (Ayes 8. Noes 1.) (June 15).

15. June 09, 2016

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

16. May 26, 2016

    Referred to Com. on ED.

17. May 19, 2016

    In Senate. Read first time. To Com. on RLS. for assignment.

18. May 19, 2016

    Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 22. Page 4856.)

19. May 05, 2016

    Read second time. Ordered to third reading.

20. May 04, 2016

    From committee: Do pass. (Ayes 5. Noes 2.) (May 4).

21. April 25, 2016

    Re-referred to Com. on P.E., R., & S.S.

22. April 21, 2016

    From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E., R., & S.S. Read second time and amended.

23. March 08, 2016

    Referred to Com. on P.E., R., & S.S.

24. February 19, 2016

    From printer. May be heard in committee March 20.

25. February 18, 2016

    Read first time. To print.

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