Today's Law As Amended

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AB-500 School and community college employees: paid maternity leave.(2019-2020)



SECTION 1.

 Section 44965 of the Education Code is amended to read:

44965.
 (a)  The governing board of any school district  a school district and the governing body of a charter school  shall provide for a  leave of absence from duty for any a  certificated employee of the district  school district or charter school  who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom.  from those conditions.  The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. At least six weeks of the leave of absence shall be with full pay. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, or a related condition. 
(b)  Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom  from those conditions  are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by any school district. a school district or charter school. 
(c)  Except as provided herein,  in this section,  written and unwritten employment policies and practices of any a  school district or charter school  shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities.
This (d)   section shall be construed as requiring the governing board of a school district to grant leave with pay only when it is necessary to do so in order that  Paid leave taken under this section shall not diminish the employee’s right to take, or be compensated during, other leaves of absence, including, but not limited to, pregnancy disability leave pursuant to Section 11042 of Title 2 of the California Code of Regulations, disability leave, sick leave, bonding leave, and vacation leave, even when these other  leaves of absence for disabilities caused or contributed to by pregnancy, miscarriage, or childbirth be treated the same as leaves for illness, injury, or disability. are taken due to illness or injury resulting from pregnancy, miscarriage, childbirth, or recovery from those conditions. 

SEC. 2.

 Section 45193 of the Education Code is amended to read:

45193.
 (a)  (1)  The governing board of any school district may provide for such a school district and the governing body of a charter school shall provide for a  leave of absence from duty as it deems appropriate for any a  female employee in the classified service of the district  school district or charter school  who is required to be  absent herself  from her duties  duty  because of pregnancy or convalescence following childbirth, and may  pregnancy, miscarriage, childbirth, and recovery from those conditions, and shall  adopt rules and regulations prescribing the manner of proof of pregnancy, the time during pregnancy at which  pregnancy and the duration of the leave of absence, provided that at least six weeks of  the leave of absence shall be taken, and the length of time for which the leave of absence shall continue after birth of the child. The board may also provide in the rules and regulations whether leave granted under this section shall be with or without pay and, if with pay, the amount, if any, to be deducted from the salary due the employee for the period in which the absence occurs. However, nothing in this section shall be construed so as to deprive any employee of sick leave rights under other sections of this code for absences due to illness or injury resulting from pregnancy. with full pay. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, or a related condition. 
(2) Nothing in this section or in the rules and regulations adopted by the governing board of a school district or the governing body of a charter school shall diminish an employee’s right to take up to four months of leave for a disability related to pregnancy, childbirth, or a related medical condition pursuant to Section 11042 of Title 2 of the California Code of Regulations, or an extended leave as a reasonable accommodation of a disability under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).
(b) The governing board of a school district and the governing body of a charter school shall also provide in the rules and regulations that at least six weeks of the leave granted under this section shall be with full pay.
(c) Paid leave taken under this section shall not diminish the employee’s right to take, or be compensated during, other leaves of absence, including, but not limited to, pregnancy disability leave pursuant to Section 11042 of Title 2 of the California Code of Regulations, disability leave, sick leave, bonding leave, and vacation leave, even when these other leaves of absence are taken due to illness or injury resulting from pregnancy, miscarriage, childbirth, or recovery from those conditions.
(d)  This section shall apply to school  districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. 45240). 

SEC. 3.

 Section 87766 of the Education Code is amended to read:

87766.
 (a)  The governing board of a community college district shall provide for a  leave of absence from duty for any an  academic employee of the community college  district who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom.  from those conditions.  The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. At least six weeks of the leave of absence shall be with full pay. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, or a related condition. 
(b)  Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom  from those conditions  are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by any school  a community college  district.
(c)  Except as provided herein,  in this section,  written and unwritten employment policies and practices of a community college district shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities.
This (d)   section shall be construed as requiring the governing board of a community college district to grant leave with pay only when it is necessary to do so in order that  Paid leave taken under this section shall not diminish the employee’s right to take, or be compensated during, other leaves of absence, including, but not limited to, pregnancy disability leave pursuant to Section 11042 of Title 2 of the California Code of Regulations, disability leave, sick leave, bonding leave, and vacation leave, even when these other  leaves of absence for disabilities caused or contributed to by pregnancy, miscarriage, or childbirth be treated the same as leaves for illness, injury, or disability. are taken due to illness or injury resulting from pregnancy, miscarriage, childbirth, or recovery from those conditions. 

SEC. 4.

 Section 88193 of the Education Code is amended to read:

88193.
 (a)  (1)  The governing board of any a  community college district may shall  provide for such a  leave of absence from duty as it deems appropriate for any a  female employee in the classified service of the community college  district who is required to be  absent herself  from her duties  duty  because of pregnancy or convalescence following childbirth, and may  pregnancy, miscarriage, childbirth, and recovery from those conditions, and shall  adopt rules and regulations prescribing the manner of proof of pregnancy, the time during pregnancy at which  pregnancy and the duration of the leave of absence, provided that at least six weeks of  the leave of absence shall be taken, and the length of time for which the leave of absence shall continue after birth of the child. The board may also provide in the rules and regulations whether leave granted under this section shall be with or without pay and, if with pay, the amount, if any, to be deducted from the salary due the employee for the period in which the absence occurs. However, nothing in this section shall be construed so as to deprive any employee of sick leave rights under other sections of this code for absences due to illness or injury resulting from pregnancy. with full pay. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, or a related condition. 
(2) Nothing in this section or in the rules and regulations adopted by the governing board of a community college district shall diminish an employee’s right to take up to four months of leave for a disability related to pregnancy, childbirth, or a related medical condition pursuant to Section 11042 of Title 2 of the California Code of Regulations, or an extended leave as a reasonable accommodation of a disability under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code).
(b) The governing board of a community college district shall also provide in the rules and regulations that at least six weeks of the leave granted under this section shall be with full pay.
(c) Paid leave taken under this section shall not diminish the employee’s right to take, or be compensated during, other leaves of absence, including, but not limited to, pregnancy disability leave pursuant to Section 11042 of Title 2 of the California Code of Regulations, disability leave, sick leave, bonding leave, and vacation leave, even when these other leaves of absence are taken due to illness or injury resulting from pregnancy, miscarriage, childbirth, or recovery from those conditions.
(d)  This section shall apply to community college  districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. 88060).