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AB-2012 School and community college employees: parental leave.(2017-2018)

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Date Published: 10/01/2018 09:00 PM
AB2012:v96#DOCUMENT

Assembly Bill No. 2012
CHAPTER 994

An act to amend Sections 44977.5, 45196.1, 87780.1, and 88196.1 of the Education Code, relating to school and community college employees.

[ Approved by Governor  September 30, 2018. Filed with Secretary of State  September 30, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2012, Medina. School and community college employees: parental leave.
(1) Existing law authorizes, during each school year, a person employed by a school district in a position requiring certification qualifications, and a person employed in an academic position by a community college district, to use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.
Existing law requires, when a person employed in a position requiring certification qualifications in school districts that use a certain differential pay system or a person employed in an academic position in community college districts that use a certain differential pay system has exhausted all available sick leave and continues to be absent from his or her duties on account of parental leave, the amount deducted from the salary due to the employee for any of the remaining portion of the 12-workweek period in which the absence occurs to not exceed the sum that is actually paid, or that would have been paid, to a substitute employee or temporary employee employed to fill his or her position during his or her absence. Existing law additionally requires, when a person employed in a position requiring certification qualifications in school districts that use a certain other differential pay system or a person employed in an academic position in community college districts that use a certain other differential pay system has exhausted all available sick leave and continues to be absent from his or her duties on account of parental leave, that the person is compensated at no less than 50% of his or her regular salary for the remaining portion of the 12-workweek period of parental leave.
This bill would instead require, regardless of the type of differential pay system used by the school district or community college district, a person employed in a position requiring certification qualifications and a person employed in an academic position to receive no less than 50% of his or her regular salary for the remaining portion of the 12-workweek period of parental leave.
(2) Existing law authorizes, during each school year, a classified employee of a school district or community college district to use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.
Existing law requires, when a classified employee of school districts and community college districts that use a certain differential pay system has exhausted all available sick leave and continues to be absent from his or her duties on account of parental leave, the amount deducted from the salary due to the classified employee for any of the remaining portion of the 12-workweek period in which the absence occurs to not exceed the sum that is actually paid to a substitute employee employed to fill his or her position during his or her absence. Existing law additionally requires, when a classified employee of school districts and community college districts that use a certain other differential pay system has exhausted all available sick leave and continues to be absent from his or her duties on account of parental leave, that the employee is compensated at no less than 50% of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave.
This bill would instead require, regardless of the type of differential pay system used by the school district or community college district, a classified employee to receive no less than 50% of his or her regular salary for the remaining portion of the 12-workweek period of parental leave.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 44977.5 of the Education Code is amended to read:

44977.5.
 (a) (1) Notwithstanding any other law, during each school year, a person employed in a position requiring certification qualifications may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.
(2) In school districts that use the differential pay system described in Section 44977, 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 parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period 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 a substitute had he or she been employed. The school district shall make every reasonable effort to secure the services of a substitute employee.
(3) In school districts that use the differential pay system described in Section 44983, 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 parental leave pursuant to Section 12945.2 of the Government Code, the person shall be compensated at no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave.
(4) Regardless of the type of differential pay system used by the school district pursuant to paragraphs (2) and (3), the compensation a person employed in a position requiring certification qualifications shall receive shall be no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave.
(b) For purposes of subdivision (a), all of the following apply:
(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.
(2) A person employed in a position requiring certification qualifications shall not be provided more than one 12-week period for parental leave during any 12-month period.
(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.
(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) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in a position requiring certification qualifications is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.
(e) 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 parental leave rights to employees than the rights established under this section.
(f) For purposes of this section, “parental 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.

SEC. 2.

 Section 45196.1 of the Education Code is amended to read:

45196.1.
 (a) (1) Notwithstanding any other law, during each school year, a classified employee may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.
(2) In school districts that use the differential pay system described in the first paragraph of Section 45196, 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 pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period 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.
(3) In school districts that use the differential pay system described in the last paragraph of Section 45196, 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 pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave.
(4) Regardless of the type of differential pay system used by the school district pursuant to paragraphs (2) and (3), the compensation a classified employee shall receive shall be no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave.
(b) For purposes of subdivision (a), all of the following apply:
(1) The 12-workweek period of parental leave shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.
(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.
(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.
(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) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a classified employee is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.
(e) 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 parental leave rights to employees than the rights established under this section.
(f) For purposes of this section, “parental 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.

SEC. 3.

 Section 87780.1 of the Education Code is amended to read:

87780.1.
 (a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.
(2) In community college districts that use the differential pay system described in Section 87780, 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 pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed 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.
(3) In community college districts that use the differential pay system described in Section 87786, 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 pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave.
(4) Regardless of the type of differential pay system used by the community college district pursuant to paragraphs (2) and (3), the compensation a person employed in an academic position shall receive shall be no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave.
(b) For purposes of subdivision (a), all of the following apply:
(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.
(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.
(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.
(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 community college district.
(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.
(e) 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 parental leave rights to employees than the rights established under this section.
(f) For purposes of this section, “parental 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.

SEC. 4.

 Section 88196.1 of the Education Code is amended to read:

88196.1.
 (a) (1) Notwithstanding any other law, during each school year, a classified employee may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.
(2) In the community college districts that use the differential pay system described in the first paragraph of Section 88196, 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 pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period 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.
(3) In community college districts that use the differential pay system described in the last paragraph of Section 88196, 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 pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave.
(4) Regardless of the type of differential pay system used by the community college district pursuant to paragraphs (2) and (3), the compensation a classified employee shall receive shall be no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave.
(b) For purposes of subdivision (a), all of the following apply:
(1) The 12-workweek period of parental leave shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.
(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.
(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.
(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 community college district.
(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a classified employee is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.
(e) 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 parental leave rights to employees than the rights established under this section.
(f) For purposes of this section, “parental 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.