| 1 | 1 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1390Introduced by Assembly Member ChvezFebruary 17, 2017 An act to amend Section 87780.1 of the Education Code, relating to community colleges. LEGISLATIVE COUNSEL'S DIGESTAB 1390, as introduced, Chvez. Academic employees: parental leave.Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts, administered by governing boards, throughout the state. Existing law provides that during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. Existing law provides a differential pay benefit for persons employed in academic positions that have exhausted all available sick leave and continue to be absent from their duties on account of parental leave, as specified.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 87780.1 of the Education Code is amended to read:87780.1. (a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.(2) In community college districts that use the differential pay system described in Section 87780, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her that absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she that temporary employee been employed.(3) In community college districts that use the differential pay system described in Section 87786, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employees regular salary for the remaining portion of the 12-workweek period of parental leave.(b) For purposes of subdivision (a), all of the following apply:(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.(c) This section shall be is applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district.(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.(e) 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 parental leave rights to employees than the rights established under this section.(f) For purposes of this section,parental leave means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1390Introduced by Assembly Member ChvezFebruary 17, 2017 An act to amend Section 87780.1 of the Education Code, relating to community colleges. LEGISLATIVE COUNSEL'S DIGESTAB 1390, as introduced, Chvez. Academic employees: parental leave.Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts, administered by governing boards, throughout the state. Existing law provides that during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. Existing law provides a differential pay benefit for persons employed in academic positions that have exhausted all available sick leave and continue to be absent from their duties on account of parental leave, as specified.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION |
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| 10 | 10 | | |
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| 11 | 11 | | Assembly Bill No. 1390 |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by Assembly Member ChvezFebruary 17, 2017 |
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| 15 | 15 | | Introduced by Assembly Member Chvez |
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| 16 | 16 | | February 17, 2017 |
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| 17 | 17 | | |
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| 18 | 18 | | An act to amend Section 87780.1 of the Education Code, relating to community colleges. |
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| 19 | 19 | | |
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| 20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 21 | 21 | | |
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| 22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | AB 1390, as introduced, Chvez. Academic employees: parental leave. |
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| 25 | 25 | | |
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| 26 | 26 | | Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts, administered by governing boards, throughout the state. Existing law provides that during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. Existing law provides a differential pay benefit for persons employed in academic positions that have exhausted all available sick leave and continue to be absent from their duties on account of parental leave, as specified.This bill would make nonsubstantive changes to these provisions. |
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| 28 | 28 | | Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts, administered by governing boards, throughout the state. Existing law provides that during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. Existing law provides a differential pay benefit for persons employed in academic positions that have exhausted all available sick leave and continue to be absent from their duties on account of parental leave, as specified. |
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| 29 | 29 | | |
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| 30 | 30 | | This bill would make nonsubstantive changes to these provisions. |
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| 31 | 31 | | |
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| 32 | 32 | | ## Digest Key |
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| 33 | 33 | | |
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| 34 | 34 | | ## Bill Text |
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| 36 | 36 | | The people of the State of California do enact as follows:SECTION 1. Section 87780.1 of the Education Code is amended to read:87780.1. (a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.(2) In community college districts that use the differential pay system described in Section 87780, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her that absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she that temporary employee been employed.(3) In community college districts that use the differential pay system described in Section 87786, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employees regular salary for the remaining portion of the 12-workweek period of parental leave.(b) For purposes of subdivision (a), all of the following apply:(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.(c) This section shall be is applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district.(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.(e) 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 parental leave rights to employees than the rights established under this section.(f) For purposes of this section,parental leave means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. |
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| 38 | 38 | | The people of the State of California do enact as follows: |
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| 40 | 40 | | ## The people of the State of California do enact as follows: |
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| 42 | 42 | | SECTION 1. Section 87780.1 of the Education Code is amended to read:87780.1. (a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.(2) In community college districts that use the differential pay system described in Section 87780, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her that absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she that temporary employee been employed.(3) In community college districts that use the differential pay system described in Section 87786, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employees regular salary for the remaining portion of the 12-workweek period of parental leave.(b) For purposes of subdivision (a), all of the following apply:(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.(c) This section shall be is applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district.(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.(e) 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 parental leave rights to employees than the rights established under this section.(f) For purposes of this section,parental leave means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. |
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| 44 | 44 | | SECTION 1. Section 87780.1 of the Education Code is amended to read: |
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| 46 | 46 | | ### SECTION 1. |
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| 47 | 47 | | |
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| 48 | 48 | | 87780.1. (a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.(2) In community college districts that use the differential pay system described in Section 87780, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her that absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she that temporary employee been employed.(3) In community college districts that use the differential pay system described in Section 87786, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employees regular salary for the remaining portion of the 12-workweek period of parental leave.(b) For purposes of subdivision (a), all of the following apply:(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.(c) This section shall be is applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district.(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.(e) 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 parental leave rights to employees than the rights established under this section.(f) For purposes of this section,parental leave means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. |
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| 50 | 50 | | 87780.1. (a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.(2) In community college districts that use the differential pay system described in Section 87780, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her that absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she that temporary employee been employed.(3) In community college districts that use the differential pay system described in Section 87786, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employees regular salary for the remaining portion of the 12-workweek period of parental leave.(b) For purposes of subdivision (a), all of the following apply:(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.(c) This section shall be is applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district.(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.(e) 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 parental leave rights to employees than the rights established under this section.(f) For purposes of this section,parental leave means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. |
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| 52 | 52 | | 87780.1. (a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks.(2) In community college districts that use the differential pay system described in Section 87780, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her that absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she that temporary employee been employed.(3) In community college districts that use the differential pay system described in Section 87786, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employees regular salary for the remaining portion of the 12-workweek period of parental leave.(b) For purposes of subdivision (a), all of the following apply:(1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave.(2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period.(3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period.(c) This section shall be is applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district.(d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section.(e) 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 parental leave rights to employees than the rights established under this section.(f) For purposes of this section,parental leave means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. |
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| 56 | 56 | | 87780.1. (a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. |
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| 58 | 58 | | (2) In community college districts that use the differential pay system described in Section 87780, when a employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her that absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she that temporary employee been employed. |
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| 60 | 60 | | (3) In community college districts that use the differential pay system described in Section 87786, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employees regular salary for the remaining portion of the 12-workweek period of parental leave. |
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| 62 | 62 | | (b) For purposes of subdivision (a), all of the following apply: |
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| 63 | 63 | | |
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| 64 | 64 | | (1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. |
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| 65 | 65 | | |
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| 66 | 66 | | (2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period. |
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| 68 | 68 | | (3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. |
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| 70 | 70 | | (c) This section shall be is applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district. |
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| 71 | 71 | | |
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| 72 | 72 | | (d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. |
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| 74 | 74 | | (e) 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 parental leave rights to employees than the rights established under this section. |
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| 76 | 76 | | (f) For purposes of this section,parental leave means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. |
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