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AB-2901 School and community college employees: paid disability and parental leave.(2023-2024)



Current Version: 08/23/24 - Amended Senate

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AB2901:v96#DOCUMENT

Amended  IN  Senate  August 23, 2024
Amended  IN  Senate  August 15, 2024
Amended  IN  Assembly  May 16, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2901

Introduced by Assembly Member Aguiar-Curry
(Principal coauthor: Assembly Member Cervantes)
(Coauthors: Assembly Members Bonta, Ortega, Quirk-Silva, Addis, Bryan, Garcia, Grayson, Muratsuchi, Stephanie Nguyen, Rendon, Ting, Weber, and Zbur)
(Coauthors: Senators Durazo Durazo, Rubio, and Smallwood-Cuevas)

February 15, 2024

An act to amend, repeal, and add Sections 44965, 45193, 87766, and 88193 of the Education Code, relating to employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 2901, as amended, Aguiar-Curry. School and community college employees: paid disability and parental leave.
Existing law requires the governing board of a school district, and the governing board of a community college district, to provide for a leave of absence from duty for a certificated employee or an academic employee of the district who is required to be absent from duty because of pregnancy, miscarriage, childbirth, and recovery from those conditions.
Existing law authorizes the governing board of a school district, and the governing board of a community college district, to provide for a leave of absence from duty as it deems appropriate for a female employee in the classified service of the district who is required to be absent from duty because of pregnancy or convalescence following childbirth. Existing law authorizes a governing board to adopt rules and regulations about leaves of absence for classified employees for these purposes, and authorizes a governing board to provide in the rules and regulations whether the leave granted shall be with or without pay, as provided.
Commencing January 1, 2028, and only if an appropriation is made for these purposes in the annual Budget Act or another statute, this bill would delete the latter provisions authorizing a governing board of a school district and the governing board of a community college district to adopt those rules and regulations. The bill instead would require a public school employer to, for a certificated employee or an employee in the classified service of the public school employer, and would require a community college district to, for an academic employee or an employee in the classified service of the community college district, provide up to 14 weeks of a leave of absence with specified pay benefits for an employee who is required to be absent from duty because of pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions, as provided. The bill would authorize the paid leave to begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or a related condition. The bill would prohibit a leave of absence taken pursuant to these provisions from being deducted from other leaves of absence, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 44965 of the Education Code is amended to read:

44965.
 The governing board of any a school district shall provide for leave of absence from duty for any a certificated employee of the district who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. 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.
Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom 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 a school district.
Except as provided herein, written and unwritten employment policies and practices of any a school district shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities.
This 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 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.
This section shall become inoperative on January 1, 2028, only if an appropriation of funds by the Legislature is made in the annual Budget Act or another statute to implement Section 44965, as added by Section 2 of Assembly Bill 2901 of the 2023–24 Regular Session.

SEC. 2.

 Section 44965 is added to the Education Code, to read:

44965.
 (a) (1) A public school employer shall provide for a leave of absence from duty for a certificated employee of the public school employer who is required to be absent from duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery 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. Except as provided in paragraph (2), the leave of absence shall be with full pay, subject to a maximum of 14 weeks. A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee pursuant to state or federal regulations or laws. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions.
(2) For part-time certificated employees, the amount of paid leave per week, subject to a maximum of 14 weeks, shall be calculated in accordance with the following:
(A) If the part-time employee works a fixed number of hours per week, the employee shall receive weekly pay for the total number of hours the employee is normally scheduled to work for the public school employer.
(B) (i) Except as provided in clause (ii), if the part-time employee does not work a fixed number of hours per week, the employee shall receive weekly pay in the amount of seven times the average number of hours the employee worked each day for the public school employer in the six months preceding the date that the employee began their paid leave.
(ii) If the part-time employee has been employed for less than six months, the employee shall receive weekly pay in the amount of seven times the average number of hours the employee worked each day in the entire period preceding the date that the employee began their paid leave.
(b) Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery 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 a public school employer.
(c) Except as provided in this section, written and unwritten employment policies and practices of a public school employer shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities.
(d) 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 disability or parental leave rights to employees than the rights established under this section.
(e) This section shall become operative on January 1, 2028, only if an appropriation of funds by the Legislature is made in the annual Budget Act or another statute to implement this section.

SEC. 3.

 Section 45193 of the Education Code is amended to read:

45193.
 The governing board of any a school district may provide for such leave of absence from duty as it deems appropriate for any a female employee in the classified service of the district who is required to absent herself from her duties because of pregnancy or convalescence following childbirth, and may adopt rules and regulations prescribing the manner of proof of pregnancy, the time during pregnancy at which 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 an employee of sick leave rights under other sections of this code for absences due to illness or injury resulting from pregnancy.
This section shall apply to 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 45420).
This section shall become inoperative on January 1, 2028, only if an appropriation of funds by the Legislature is made in the annual Budget Act or another statute to implement Section 45193, as added by Section 4 of Assembly Bill 2901 of the 2023–24 Regular Session.

SEC. 4.

 Section 45193 is added to the Education Code, to read:

45193.
 (a) (1) A public school employer shall provide for a leave of absence from duty for an employee in the classified service of the public school employer who is required to be absent from duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery 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. Except as provided in paragraph (2), the leave of absence shall be with full pay, subject to a maximum of 14 weeks. A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee pursuant to state or federal regulations or laws. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions.
(2) For part-time employees in the classified service, the amount of paid leave per week, subject to a maximum of 14 weeks, shall be calculated in accordance with the following:
(A) If the part-time employee works a fixed number of hours per week, the employee shall receive weekly pay for the total number of hours the employee is normally scheduled to work for the public school employer.
(B) (i) Except as provided in clause (ii), if the part-time employee does not work a fixed number of hours per week, the employee shall receive weekly pay in the amount of seven times the average number of hours the employee worked each day for the public school employer in the six months preceding the date that the employee began their paid leave.
(ii) If the part-time employee has been employed for less than six months, the employee shall receive weekly pay in the amount of seven times the average number of hours the employee worked each day in the entire period preceding the date that the employee began their paid leave.
(b) Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery 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 a public school employer.
(c) Except as provided in this section, written and unwritten employment policies and practices of a public school employer shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities.
(d) 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 disability or parental leave rights to employees than the rights established under this section.
(e) 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).
(f) This section shall become operative on January 1, 2028, only if an appropriation of funds by the Legislature is made in the annual Budget Act or another statute to implement this section.

SEC. 5.

 Section 87766 of the Education Code is amended to read:

87766.
 The governing board of a community college district shall provide for leave of absence from duty for any an academic employee of the district who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. 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.
Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom 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 a school district.
Except as provided herein, 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 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 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.
This section shall become inoperative on January 1, 2028, only if an appropriation of funds by the Legislature is made in the annual Budget Act or another statute to implement Section 87766, as added by Section 6 of Assembly Bill 2901 of the 2023–24 Regular Session.

SEC. 6.

 Section 87766 is added to the Education Code, to read:

87766.
 (a) (1) The governing board of a community college district shall provide for a leave of absence from duty for an academic employee of the community college district who is required to be absent from duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery 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. Except as provided in paragraph (2), the leave of absence shall be with full pay, subject to a maximum of 14 weeks. A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee pursuant to state or federal regulations or laws. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions.
(2) For part-time academic employees, the amount of paid leave per week, subject to a maximum of 14 weeks, shall be calculated in accordance with the following:
(A) If the part-time employee works a fixed number of hours per week, the employee shall receive weekly pay for the total number of hours the employee is normally scheduled to work for the public school employer.
(B) (i) Except as provided in clause (ii), if the part-time employee does not work a fixed number of hours per week, the employee shall receive weekly pay in the amount of seven times the average number of hours the employee worked each day for the public school employer in the six months preceding the date that the employee began their paid leave.
(ii) If the part-time employee has been employed for less than six months, the employee shall receive weekly pay in the amount of seven times the average number of hours the employee worked each day in the entire period preceding the date that the employee began their paid leave.
(b) Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery 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 a community college district.
(c) Except as provided 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.
(d) Nothing in this section shall be construed to diminish the obligation of a community college district to comply with any collective bargaining agreement entered into by a community college district 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 disability or parental leave rights to employees than the rights established under this section.
(e) This section shall become operative on January 1, 2028, only if an appropriation of funds by the Legislature is made in the annual Budget Act or another statute to implement this section.

SEC. 7.

 Section 88193 of the Education Code is amended to read:

88193.
 The governing board of any a community college district may provide for such leave of absence from duty as it deems appropriate for any a female employee in the classified service of the district who is required to absent herself from her duties because of pregnancy or convalescence following childbirth, and may adopt rules and regulations prescribing the manner of proof of pregnancy, the time during pregnancy at which 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 an employee of sick leave rights under other sections of this code for absences due to illness or injury resulting from pregnancy.
This section shall apply to 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).
This section shall become inoperative on January 1, 2028, only if an appropriation of funds by the Legislature is made in the annual Budget Act or another statute to implement Section 88193, as added by Section 8 of Assembly Bill 2901 of the 2023–24 Regular Session.

SEC. 8.

 Section 88193 is added to the Education Code, to read:

88193.
 (a) (1) The governing board of a community college district shall provide for a leave of absence from duty for an employee in the classified service of the community college district who is required to be absent from duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery 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. Except as provided in paragraph (2), the leave of absence shall be with full pay, subject to a maximum of 14 weeks. A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee pursuant to state or federal regulations or laws. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions.
(2) For part-time employees in the classified service, the amount of paid leave per week, subject to a maximum of 14 weeks, shall be calculated in accordance with the following:
(A) If the part-time employee works a fixed number of hours per week, the employee shall receive weekly pay for the total number of hours the employee is normally scheduled to work for the public school employer.
(B) (i) Except as provided in clause (ii), if the part-time employee does not work a fixed number of hours per week, the employee shall receive weekly pay in the amount of seven times the average number of hours the employee worked each day for the public school employer in the six months preceding the date that the employee began their paid leave.
(ii) If the part-time employee has been employed for less than six months, the employee shall receive weekly pay in the amount of seven times the average number of hours the employee worked each day in the entire period preceding the date that the employee began their paid leave.
(b) Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery 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 a community college district.
(c) Except as provided 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.
(d) Nothing in this section shall be construed to diminish the obligation of a community college district to comply with any collective bargaining agreement entered into by a community college district 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 disability or parental leave rights to employees than the rights established under this section.
(e) 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).
(f) This section shall become operative on January 1, 2028, only if an appropriation of funds by the Legislature is made in the annual Budget Act or another statute to implement this section.