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SB-805 School employees: leaves of absence: emergencies and mandatory evacuation orders.(2019-2020)



Current Version: 05/19/20 - Amended Senate         Compare Versions information image


SB805:v98#DOCUMENT

Amended  IN  Senate  May 19, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 805


Introduced by Senator Portantino
(Coauthors: Senators Archuleta, Stern, and Wilk)
(Coauthors: Assembly Members Mathis and Voepel)

January 08, 2020


An act to add Sections 44962.5 and 45190.5 to the Education Code, relating to school employees.


LEGISLATIVE COUNSEL'S DIGEST


SB 805, as amended, Portantino. School employees: leaves of absence: natural disasters emergencies and mandatory evacuation orders.
Existing law authorizes governing boards of school districts to grant leaves of absence to persons employed in positions requiring certification qualifications and to persons employed in the classified service of the school district. For purposes of state apportionments, if the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of an emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred.
This bill would prohibit the governing board of a school district from requiring an employee of the school district who is employed in a position requiring certification qualifications or a classified employee to use sick, vacation, or other paid leave if the school is forced to close because of a natural disaster or an a mandatory evacuation order, order or certain emergencies, or if the employee is unable to report to work because they reside in an area affected by a natural disaster or that is subject to an evacuation order. order or affected by certain emergencies, and would require the governing board of the school district to ensure the employee is provided their regular pay for any days missed. The bill would require the governing board of a school district to adopt rules and regulations requiring and prescribing the manner by which employees shall prove their inability to report to work because they reside in an area that is subject to a mandatory evacuation order or affected by certain emergencies. By imposing new duties on school districts to create new rules and regulations, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 It is the intent of the Legislature that, in accordance with Section 46392 of the Education Code, local educational agencies will not lose credit of average daily attendance when there is a natural disaster or an evacuation order that causes a school closure.

SEC. 2.

 Section 44962.5 is added to the Education Code, to read:

44962.5.
 (a) The governing board of a school district shall not require an employee of the school district who is employed in a position requiring certification qualifications to use sick, vacation, or other paid leave if the school is forced to close because of a natural disaster or an mandatory evacuation order, order or any of the instances described in Section 46392, or if the employee is unable to report to work because they reside in an area affected by a natural disaster or that is subject to an a mandatory evacuation order. order or affected by any of the instances described in Section 46392, and shall ensure the employee is provided their regular pay for any days missed.
(b) The governing board of a school district shall adopt rules and regulations requiring and prescribing the manner by which employees shall prove their inability to report to work because they reside in an area that is subject to a mandatory evacuation order or affected by any of the instances described in Section 46392.

SEC. 3.

 Section 45190.5 is added to the Education Code, to read:

45190.5.
 (a) The governing board of a school district shall not require a classified employee to use sick, vacation, or other paid leave if a school is forced to close because of a natural disaster or an mandatory evacuation order, order or any of the instances described in Section 46392, or if the employee is unable to report to work because they reside in an area affected by a natural disaster or that is subject to an a mandatory evacuation order. order or affected by any of the instances described in Section 46392, and shall ensure the employee is provided their regular pay for any days missed.
(b) The governing board of a school district shall adopt rules and regulations requiring and prescribing the manner by which employees shall prove their inability to report to work because they reside in an area that is subject to a mandatory evacuation order or affected by any of the instances described in Section 46392.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.