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AB-1203 Public school employee organizations: unelected members: paid leaves of absence.(2011-2012)

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Assembly Bill No. 1203
CHAPTER 804

An act to amend Sections 45210 and 88210 of the Education Code, relating to public school employee organizations.

[ Approved by Governor  September 30, 2012. Filed with Secretary of State  September 30, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1203, Mendoza. Public school employee organizations: unelected members: paid leaves of absence.
Existing law requires that the governing board of a school district or a community college district grant to any classified employee, upon request, a paid leave of absence to enable the employee to serve as an elected officer of any school district public employee organization or community college district public employee organization, as specified. Existing law requires that following the school district’s or community college district’s payment of the employee for the leave of absence, it be reimbursed by the employee organization of which the employee is an elected officer for all compensation paid to the employee on account of the leave.
This bill would expand these provisions to additionally require a school district or a community college district to provide a paid leave of absence to a classified employee who is an unelected member of a school district public employee organization or community college district public employee organization for activities the member is authorized by the organization to attend and would require the employee organization to reimburse the school district or community college district on behalf of an unelected member who receives a paid leave of absence.
The bill would additionally require an employee organization to provide reasonable notification to the employer requesting a leave of absence without loss of compensation for any of the above-described activities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 45210 of the Education Code is amended to read:

45210.
 (a) (1) The governing board of a school district shall grant to a classified employee, upon request, a leave of absence without loss of compensation for the purpose of enabling the employee to serve as an elected officer of a local school district public employee organization, or a statewide or national public employee organization with which the local organization is affiliated.
(2) The leave shall include, but is not limited to, absence for purposes of attendance by the employee at periodic, stated, special, or regular meetings of the body of the organization on which the employee serves as an officer. Compensation during the leave shall include retirement fund contributions required of the school district as employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by subdivision (a) of Section 20677 of the Government Code. The maximum amount of the service credit earned shall not exceed 12 years.
(b) Upon request of a recognized local school district public employee organization, or a statewide or national public employee organization with which the local organization is affiliated, the governing board of a school district shall grant a leave of absence, without loss of compensation, to a reasonable number of unelected classified employees for the purpose of enabling an employee to attend important organizational activities authorized by the public employee organization. Compensation during the leave shall include retirement fund contributions required of the school district as employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by subdivision (a) of Section 20677 of the Government Code. The maximum amount of the service credit earned shall not exceed 12 years.
(c) Following the school district’s payment of the employee for the leave of absence, the school district shall be reimbursed by the employee organization of which the employee is an elected officer or an unelected member for all compensation paid the employee on account of the leave. Reimbursement by the employee organization shall be made within 10 days after its receipt of the school district’s certification of payment of compensation to the employee.
(d) The leave of absence without loss of compensation provided for by this section is in addition to the released time without loss of compensation granted to representatives of an exclusive representative by subdivision (c) of Section 3543.1 of the Government Code.
(e) For purposes of this section, “school district” also means “county superintendent of schools.”
(f) The representing employee organization shall provide reasonable notification to the employer requesting a leave of absence without loss of compensation pursuant to subdivision (a).
(g) (1) A classified employee who after August 31, 1987, was absent on account of elected-officer service, shall receive full service credit in the Public Employees’ Retirement System; provided that, not later than April 30, 1988, both of the following conditions are met:
(A) The employee makes a written request to the employer for a leave of absence for the period of the elected-officer service.
(B) The employee organization of which the employee is an elected officer pays to the employee’s school district an amount equal to the required Public Employees’ Retirement System member and employer retirement contributions, as prescribed by this section.
(2) The school district, following this written request and payment, shall transmit the amount received to the Public Employees’ Retirement System, informing it of the period of the employee’s leave of absence. The Public Employees’ Retirement System shall credit the employee with all service credit earned for the period of the elected-officer leave of absence.
(3) If the employee has been compensated by the school district for the period of the service, then, as a condition to the employee’s entitlement to service credit for this period, the school district shall be reimbursed by the employee organization for the amount of the compensation.
(4) The provisions of this subdivision shall apply retroactively to all service as an elective officer in a public employee organization occurring after August 31, 1987.
(h) This section shall not apply to an employee who is subject to a collective bargaining agreement that expressly provides for a leave of absence without loss of compensation for participation in authorized activities as an elected officer or an unelected member of the public employee organization.

SEC. 2.

 Section 88210 of the Education Code is amended to read:

88210.
 (a) (1) The governing board of a community college district shall grant to a classified employee, upon request, a leave of absence without loss of compensation for the purpose of enabling the employee to serve as an elected officer of a local community college district public employee organization, or of a statewide or national public employee organization with which the local organization is affiliated.
(2) The leave shall include, but is not limited to, absence for purposes of attendance by the employee at periodic, stated, special, or regular meetings of the body of the organization on which the employee serves as an officer. Compensation during the leave shall include retirement fund contributions required of the community college district employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by subdivision (a) of Section 20677 of the Government Code. The maximum amount of the service credit earned shall not exceed 12 years.
(b) Upon request of a recognized local community college district public employee organization, or a statewide or national public employee organization with which the local organization is affiliated, the governing board of a community college district shall grant a leave of absence, without loss of compensation, to a reasonable number of unelected classified employees for the purpose of enabling an employee to attend important organizational activities authorized by the public employee organization. Compensation during the leave shall include retirement fund contributions required of the community college district as employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by subdivision (a) of Section 20677 of the Government Code. The maximum amount of the service credit earned shall not exceed 12 years.
(c) Following the community college district’s payment of the employee for the leave of absence, the community college district shall be reimbursed by the employee organization of which the employee is an elected officer or an unelected member for all compensation paid the employee on account of the leave. Reimbursement by the employee organization shall be made within 10 days after its receipt of the community college district’s certification of payment of compensation to the employee.
(d) The leave of absence without loss of compensation provided for by this section is in addition to the released time without loss of compensation granted to representatives of an exclusive representative by subdivision (c) of Section 3543.1 of the Government Code.
(e) The representing employee organization shall provide reasonable notification to the employer requesting a leave of absence without loss of compensation pursuant to subdivision (a).
(f) (1) A classified employee who after August 31, 1987, was absent on account of elected-officer service, shall receive full service credit in the Public Employees’ Retirement System; provided that, not later than April 30, 1988, both of the following conditions are met:
(A) The employee makes a written request to the employer for a leave of absence for the period of the elected-officer service.
(B) The employee organization of which the employee is an elected officer pays to the employee’s community college district an amount equal to the required Public Employees’ Retirement System member and employer retirement contributions, as prescribed by this section.
(2) The community college district, following the written request and payment, shall transmit the amount received to the Public Employees’ Retirement System, informing it of the period of the employee’s leave of absence. The Public Employees’ Retirement System shall credit the employee with all service credit earned for the period of the elected-officer leave of absence.
(3) If the employee has been compensated by the community college district for the period of the service, then, as a condition to the employee’s entitlement to service credit for the period, the community college district shall be reimbursed by the employee organization for the amount of the compensation.
(4) The provisions of this subdivision shall apply retroactively to all service as an elected officer in a public employee organization occurring after August 31, 1987.
(g) This section shall not apply to an employee who is subject to a collective bargaining agreement that expressly provides for a leave of absence without loss of compensation for participation in authorized activities as an elected officer or an unelected member of the public employee organization.