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AB-2379 Employees: substitute teacher service.(2021-2022)

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Date Published: 03/24/2022 09:00 PM
AB2379:v98#DOCUMENT

Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2379


Introduced by Assembly Member Megan Dahle

February 17, 2022


An act to amend Section 66010.95 of the Education Code, add Section 230.9 to the Labor Code, relating to postsecondary education. employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 2379, as amended, Megan Dahle. Postsecondary education: segments. Employees: substitute teacher service.
Existing law prohibits an employer from discharging or in any manner discriminating against an employee, who is the parent or guardian of a pupil who has been suspended, for taking time off to appear in the school of the pupil pursuant to the school’s request, as specified, if the employee, prior to taking the time off, gives reasonable notice to the employer that the employee is requested to appear in the school.
This bill would prohibit an employer from discharging or in any manner discriminating against an employee for taking time off, not to exceed 2 days per month, to perform service as a substitute teacher at a local educational agency, as defined. The bill would provide that an employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by their employer because the employee has taken time off to perform service as a substitute teacher is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.

Existing law establishes the University of California, under the administration of the Regents of the University of California; the California State University, under the administration of the Trustees of the California State University; the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges; independent institutions of higher education, as defined; and private postsecondary educational institutions, as defined, as the segments of postsecondary education in this state.

This bill would make a nonsubstantive change in a provision that defines the segments of postsecondary education.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 It is the intent of the Legislature to do both of the following:
(1) Enable employees to take time off to serve as substitute teachers with job security.
(2) Create incentives for employers to encourage and allow their employees to serve as substitute teachers.

SEC. 2.

 Section 230.9 is added to the Labor Code, to read:

230.9.
 (a) An employer shall not discharge or in any manner discriminate against an employee for taking time off, not to exceed two days per month, to perform service as a substitute teacher at a local educational agency.
(b) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by their employer because the employee has taken time off to perform service as a substitute teacher, as provided in subdivision (a), is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.
(c) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

SECTION 1.Section 66010.95 of the Education Code is amended to read:
66010.95.

For purposes of this chapter, “segments of postsecondary education” means the California Community Colleges, the California State University, the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858.