California Assembly Bill AB375 Introduced / Bill

 BILL NUMBER: AB 375INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Campos FEBRUARY 18, 2015 An act to amend Section 44977 of the Education Code, relating to school employees. LEGISLATIVE COUNSEL'S DIGEST AB 375, as introduced, Campos. School employees: sick leave: maternity leave. Under existing law, when a certificated school employee exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of 5 school months, the employee during those 5 months receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. This bill would instead provide the differential pay benefit described above if the certificated school employee is absent on account of illness, accident, or maternity leave, as specified. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 44977 of the Education Code is amended to read: 44977. (a) During each school year, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of  illness or accident   illness, accident, or maternity leave  for an additional period of five school months, whether or not the absence arises out of or in the course of the employment of the employee, the amount deducted from the salary due him or her for any of the additional five months in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. The school district shall make every reasonable effort to secure the services of a substitute employee. (b) For purposes of subdivision (a): (1) The sick leave, including accumulated sick leave, and the five-month period shall run consecutively. (2) An employee shall not be provided more than one five-month period per  illness or accident.   illness, accident, or maternity leave.  However, if a school year terminates before the five-month period is exhausted, the employee may take the balance of the five-month period in a subsequent school year. (c) The governing board of every school district shall adopt a salary schedule for substitute employees. The salary schedule shall indicate a salary for a substitute for all categories or classes of certificated employees of the  school  district. (d) Excepting in a  school  district the governing board of which has adopted a salary schedule for substitute employees of the  school  district, the amount paid the substitute employee during any month shall be less than the salary due the employee absent from his or her duties. (e) When a person employed in a position requiring certification qualifications is absent from his or her duties on account of illness for a period of more than five school months, or when a person is absent from his or her duties for a cause other than illness, the amount deducted from the salary due him or her for the month in which the absence occurs shall be determined according to the rules and regulations established by the governing board of the  school  district. The rules and regulations shall not conflict with rules and regulations of the  State Board of Education   state board.  . (f)  Nothing in this   This  section shall  not  be construed  so  as to deprive  any   a school  district, city, or city and county of the right to make any reasonable rule for the regulation of accident or sick leave or cumulative accident or sick leave without loss of salary for persons acquiring certification qualifications. (g) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing  school  district.