Today's Law As Amended


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AB-2134 School employees: transfer of leave of absence for illness or injury.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 44979 of the Education Code is amended to read:

44979.
 Any (a)  A  certificated employee of any school district  a school district, county office of education, or state special school  who has been an employee of that district  employing entity  for a period of one school year or more and who accepts a position requiring certification qualifications in another school district  with another school district, county office of education, state special school,  or community college district at any time during the second or any succeeding school year of his or her employment with the first school district, or who, within the school year succeeding the school year in which employment is terminated, signifies acceptance of his or her election or employment in a position requiring certification qualifications in another school district or community college district, shall have transferred with him or her to the second district the total amount of  shall have the total number of days of  leave of absence for illness or injury to which he or she is entitled under Section 44978. The State Board of Education shall adopt rules and regulations prescribing the manner in which the first district shall certify to the second district the total amount of leave of absence for illness or injury to be transferred. No governing board shall adopt any policy or rule, written or unwritten, which requires any certificated employee transferring to its district to waive any part or all of the leave of absence which he or she may be entitled to have transferred in accordance with this section. that the employee has accumulated with the first employing entity pursuant to Section 44978 transferred to the subsequent employing entity. The subsequent employing entity shall honor a transfer request made at any time during the certificated employee’s employment with that school district, community college district, county office of education, or state special school. 
(b) The former employing school district, county office of education, or state special school shall provide all of the following information in responding to a request for the transfer of accumulated leave of absence for illness or injury from the subsequent employing entity:
(1) The name and identification number for the employee requesting the transfer.
(2) The contact information for that former employing entity.
(3) The time period of the service, including start date and end date, for the employee requesting the transfer.
(4) The number of days of leave of absence, including any fraction thereof, for illness or injury to be transferred based on the former employing entity’s workday.
(5) The contact information for the subsequent employing entity.
(6) The signature of the person completing and verifying the accuracy of the information provided pursuant to this subdivision, including that person’s name, title, and contact information.
(c) A school district, community college district, county office of education, or state special school shall not adopt a policy or rule, written or unwritten, that requires a certificated employee transferring to that school district, community college district, county office of education, or state special school to waive any part or all of the leave of absence that the certificated employee may be entitled to have transferred pursuant to this section.

SEC. 2.

 Section 44980 of the Education Code is amended to read:

44980.
 Any A  certificated employee of any school district or state special school  who accepts a position requiring certification qualifications in the office of any county superintendent of schools; or, any certificated employee of any county superintendent of schools who accepts a position requiring certification qualifications in a school district  district, state special school,  or office of another county superintendent of schools; or, any person employed by the state  department in a position requiring certification qualifications or an employee of the office of the Chancellor of the California Community Colleges who accepts a position requiring certification qualifications in any school district  district, state special school,  or office of any county superintendent of schools; or, any certificated employee of the Commission on Teacher Credentialing who accepts a position requiring certification qualifications in any school district  district, state special school,  or office of any county superintendent of schools; shall have transferred with him or her  the employee  to the second position his or her accumulated  the employee’s accumulated total number of days of  leave of absence for illness or injury. The amount of leave to be transferred shall be determined in the same manner as provided in Section 44979. All other provisions of Section 44979 shall also apply to the employees and employers described in this section.

SEC. 3.

 Section 44982 of the Education Code is amended to read:

44982.
 Any A  person employed by a school district or by a  district,  county superintendent of schools  schools, or state special school  in a position requiring certification qualifications who accepts a professional education position in the Department of Education,  department,  the appointment to which  that  is, or is intended to become, permanent, shall have transferred with him to the Department of Education his accumulated  the employee to the department the employee’s accumulated total number of days of  leave of absence for illness or injury. The amount of such that  leave to be transferred shall be determined in the same manner as provided in Section 44979, except in no case may  the transferred accumulated sick leave shall not  exceed that amount of accumulated sick leave that the person would have earned as an employee in the system to which he  the employee  is transferring. All other provisions of Section 44979 shall also apply to the employees and employers described in this section.

SEC. 4.

 Section 45202 of the Education Code is amended to read:

45202.
 Any (a)  A  classified employee of any a  school district, county superintendent of schools, state special school,  or community college district who has been employed for a period of one calendar year or more whose employment is terminated for reasons other than action initiated by the employer for cause and who subsequently accepts employment with a school district or county superintendent of schools within one year of the termination of his or her former employment, shall have transferred with him or her to the school district or county superintendent of schools the  shall have the  total amount of earned leave of absence for illness or injury to which he or she is entitled under  that the employee accumulated with that first employing school district, community college district, county superintendent of schools, or state special school pursuant to  Section 45191 or 88191.  88191 transferred to the subsequent employing school district, county superintendent of schools, or state special school.  This transfer shall be in the same manner as is  provided for certificated employees. The subsequent employing entity shall honor a transfer request made at any time during the classified employee’s employment with that employing entity. 
(b)  In any a  case where an employee was terminated as a result of action initiated by the employer for cause, the transfer may be made if agreed to by the governing board of the school district or the county superintendent of schools newly employing the employee. or body of the subsequent employing entity. 
(c)  All or any part of the previous service, not separated by a break in service greater than one year as of the last day of paid service, may, if agreed to by the subsequent  employing entity, be construed to have been served in the school district or county superintendent of schools of employment  with the subsequent employing entity  for seniority purposes, except that the previous service may not be counted, for seniority purposes, when position or personnel reduction is ordered, for any reason, by the board. governing board or body of the subsequent employing entity. 
No (d)   governing board of a school district shall adopt any The school district, community college district, county superintendent of schools, or state special school shall not adopt a  policy or rule, written or unwritten, which requires all classified employees, or any individual classification, or group of classifications of employees transferring to its district  that school district, community college district, county superintendent of schools, or state special school  to waive any part or all benefits which that  they may be entitled to have transferred in accordance with  pursuant to  this section.
(e) The former employing school district, county office of education, state special school, or community college district shall provide all of the following information when responding to a request for the transfer of accumulated leave of absence for illness or injury from the subsequent employing entity:
(1) Name and identification number for the employee requesting the transfer.
(2) Contact information for that former employer.
(3) The time period of the service, including start date and end date, for the employee requesting the transfer.
(4) The total amount of leave of absence, including any fraction thereof, for illness or injury to be transferred based on the former employer’s workday.
(5) Contact information for the subsequent employing entity.
(6) Signature of the person completing and verifying the accuracy of the information provided pursuant to this subdivision, including that person’s name, title, and contact information.
(f)  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.
SEC. 5.
 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.