| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3237Introduced by Assembly Member MaienscheinFebruary 21, 2020 An act to amend Section 45137 of the Education Code, relating to school employees. LEGISLATIVE COUNSEL'S DIGESTAB 3237, as introduced, Maienschein. Classified school employees: part-time assignments.Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications. Existing law requires the governing board of a school district to classify those employees and positions and requires that they be known as the classified service. Existing law entitles a part-time classified employee to all leaves and benefits granted to a full-time classified employee, except that the governing board of the school district may prorate those leaves and benefits in the same proportion as the regular time worked by the part-time classified employee is to the regular time worked by a full-time classified employee. Existing law requires a classified employee who works a minimum of 30 minutes per day in excess of the employees part-time assignment for a period of 20 consecutive working days or more to have their basic assignment changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis.This bill would instead require a classified employee who works a minimum of 30 minutes per day in excess of the employees part-time assignment for a period of 20 working days or more in a school year to have their basic assignment changed to reflect the longer hours. The bill would also make nonsubstantive changes to this provision.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 45137 of the Education Code is amended to read:45137. A (a) If a classified employee who works a minimum of 30 minutes per day in excess of his the employees part-time assignment for a period of 20 consecutive working days or more, shall have his more in a school year, the employees basic assignment shall be changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis as specified in Section 45136.If(b) If a part-time employees average paid time, excluding overtime for which the employee receives compensation at a rate at least equal to time and one-half, exceeds his the employees average assigned time by 50 minutes or more per working day in any quarter, the hours paid per day for compensable leaves of absence and holidays in the succeeding quarter shall be equivalent to the average hours paid per working day in the preceding quarter, excluding overtime.Except(c) Except where vacation entitlement is accrued on the basis of actual hours of paid regular service, vacation entitlement shall be based on the average number of hours worked per working day during the portion of the school year in which the employee is assigned to duty.It(d) It is the intent of the Legislature, in enacting this section, to insure ensure that part-time employees are accorded fringe benefits on an appropriate prorated basis with full recognition given to the number of hours worked by the part-time employee rather than on the basis of time fixed to the position when the fixed time is not reasonably correlated with the actual time worked. This section is to shall be liberally construed in order so that the provisions of Section 45136 may is not be circumvented by requiring employees to work in excess of the their regularly fixed hours for a position on an overtime basis but for which neither premium pay is not provided nor is an appropriate adjustment is not made in fringe benefit entitlement. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3237Introduced by Assembly Member MaienscheinFebruary 21, 2020 An act to amend Section 45137 of the Education Code, relating to school employees. LEGISLATIVE COUNSEL'S DIGESTAB 3237, as introduced, Maienschein. Classified school employees: part-time assignments.Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications. Existing law requires the governing board of a school district to classify those employees and positions and requires that they be known as the classified service. Existing law entitles a part-time classified employee to all leaves and benefits granted to a full-time classified employee, except that the governing board of the school district may prorate those leaves and benefits in the same proportion as the regular time worked by the part-time classified employee is to the regular time worked by a full-time classified employee. Existing law requires a classified employee who works a minimum of 30 minutes per day in excess of the employees part-time assignment for a period of 20 consecutive working days or more to have their basic assignment changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis.This bill would instead require a classified employee who works a minimum of 30 minutes per day in excess of the employees part-time assignment for a period of 20 working days or more in a school year to have their basic assignment changed to reflect the longer hours. The bill would also make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 3237 |
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| 15 | 15 | | Introduced by Assembly Member MaienscheinFebruary 21, 2020 |
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| 17 | 17 | | Introduced by Assembly Member Maienschein |
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| 18 | 18 | | February 21, 2020 |
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| 20 | 20 | | An act to amend Section 45137 of the Education Code, relating to school employees. |
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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 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 26 | 26 | | AB 3237, as introduced, Maienschein. Classified school employees: part-time assignments. |
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| 28 | 28 | | Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications. Existing law requires the governing board of a school district to classify those employees and positions and requires that they be known as the classified service. Existing law entitles a part-time classified employee to all leaves and benefits granted to a full-time classified employee, except that the governing board of the school district may prorate those leaves and benefits in the same proportion as the regular time worked by the part-time classified employee is to the regular time worked by a full-time classified employee. Existing law requires a classified employee who works a minimum of 30 minutes per day in excess of the employees part-time assignment for a period of 20 consecutive working days or more to have their basic assignment changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis.This bill would instead require a classified employee who works a minimum of 30 minutes per day in excess of the employees part-time assignment for a period of 20 working days or more in a school year to have their basic assignment changed to reflect the longer hours. The bill would also make nonsubstantive changes to this provision. |
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| 30 | 30 | | Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications. Existing law requires the governing board of a school district to classify those employees and positions and requires that they be known as the classified service. |
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| 31 | 31 | | |
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| 32 | 32 | | Existing law entitles a part-time classified employee to all leaves and benefits granted to a full-time classified employee, except that the governing board of the school district may prorate those leaves and benefits in the same proportion as the regular time worked by the part-time classified employee is to the regular time worked by a full-time classified employee. Existing law requires a classified employee who works a minimum of 30 minutes per day in excess of the employees part-time assignment for a period of 20 consecutive working days or more to have their basic assignment changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis. |
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| 34 | 34 | | This bill would instead require a classified employee who works a minimum of 30 minutes per day in excess of the employees part-time assignment for a period of 20 working days or more in a school year to have their basic assignment changed to reflect the longer hours. The bill would also make nonsubstantive changes to this provision. |
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| 36 | 36 | | ## Digest Key |
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| 38 | 38 | | ## Bill Text |
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| 40 | 40 | | The people of the State of California do enact as follows:SECTION 1. Section 45137 of the Education Code is amended to read:45137. A (a) If a classified employee who works a minimum of 30 minutes per day in excess of his the employees part-time assignment for a period of 20 consecutive working days or more, shall have his more in a school year, the employees basic assignment shall be changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis as specified in Section 45136.If(b) If a part-time employees average paid time, excluding overtime for which the employee receives compensation at a rate at least equal to time and one-half, exceeds his the employees average assigned time by 50 minutes or more per working day in any quarter, the hours paid per day for compensable leaves of absence and holidays in the succeeding quarter shall be equivalent to the average hours paid per working day in the preceding quarter, excluding overtime.Except(c) Except where vacation entitlement is accrued on the basis of actual hours of paid regular service, vacation entitlement shall be based on the average number of hours worked per working day during the portion of the school year in which the employee is assigned to duty.It(d) It is the intent of the Legislature, in enacting this section, to insure ensure that part-time employees are accorded fringe benefits on an appropriate prorated basis with full recognition given to the number of hours worked by the part-time employee rather than on the basis of time fixed to the position when the fixed time is not reasonably correlated with the actual time worked. This section is to shall be liberally construed in order so that the provisions of Section 45136 may is not be circumvented by requiring employees to work in excess of the their regularly fixed hours for a position on an overtime basis but for which neither premium pay is not provided nor is an appropriate adjustment is not made in fringe benefit entitlement. |
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| 42 | 42 | | The people of the State of California do enact as follows: |
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| 44 | 44 | | ## The people of the State of California do enact as follows: |
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| 46 | 46 | | SECTION 1. Section 45137 of the Education Code is amended to read:45137. A (a) If a classified employee who works a minimum of 30 minutes per day in excess of his the employees part-time assignment for a period of 20 consecutive working days or more, shall have his more in a school year, the employees basic assignment shall be changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis as specified in Section 45136.If(b) If a part-time employees average paid time, excluding overtime for which the employee receives compensation at a rate at least equal to time and one-half, exceeds his the employees average assigned time by 50 minutes or more per working day in any quarter, the hours paid per day for compensable leaves of absence and holidays in the succeeding quarter shall be equivalent to the average hours paid per working day in the preceding quarter, excluding overtime.Except(c) Except where vacation entitlement is accrued on the basis of actual hours of paid regular service, vacation entitlement shall be based on the average number of hours worked per working day during the portion of the school year in which the employee is assigned to duty.It(d) It is the intent of the Legislature, in enacting this section, to insure ensure that part-time employees are accorded fringe benefits on an appropriate prorated basis with full recognition given to the number of hours worked by the part-time employee rather than on the basis of time fixed to the position when the fixed time is not reasonably correlated with the actual time worked. This section is to shall be liberally construed in order so that the provisions of Section 45136 may is not be circumvented by requiring employees to work in excess of the their regularly fixed hours for a position on an overtime basis but for which neither premium pay is not provided nor is an appropriate adjustment is not made in fringe benefit entitlement. |
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| 48 | 48 | | SECTION 1. Section 45137 of the Education Code is amended to read: |
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| 50 | 50 | | ### SECTION 1. |
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| 52 | 52 | | 45137. A (a) If a classified employee who works a minimum of 30 minutes per day in excess of his the employees part-time assignment for a period of 20 consecutive working days or more, shall have his more in a school year, the employees basic assignment shall be changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis as specified in Section 45136.If(b) If a part-time employees average paid time, excluding overtime for which the employee receives compensation at a rate at least equal to time and one-half, exceeds his the employees average assigned time by 50 minutes or more per working day in any quarter, the hours paid per day for compensable leaves of absence and holidays in the succeeding quarter shall be equivalent to the average hours paid per working day in the preceding quarter, excluding overtime.Except(c) Except where vacation entitlement is accrued on the basis of actual hours of paid regular service, vacation entitlement shall be based on the average number of hours worked per working day during the portion of the school year in which the employee is assigned to duty.It(d) It is the intent of the Legislature, in enacting this section, to insure ensure that part-time employees are accorded fringe benefits on an appropriate prorated basis with full recognition given to the number of hours worked by the part-time employee rather than on the basis of time fixed to the position when the fixed time is not reasonably correlated with the actual time worked. This section is to shall be liberally construed in order so that the provisions of Section 45136 may is not be circumvented by requiring employees to work in excess of the their regularly fixed hours for a position on an overtime basis but for which neither premium pay is not provided nor is an appropriate adjustment is not made in fringe benefit entitlement. |
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| 54 | 54 | | 45137. A (a) If a classified employee who works a minimum of 30 minutes per day in excess of his the employees part-time assignment for a period of 20 consecutive working days or more, shall have his more in a school year, the employees basic assignment shall be changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis as specified in Section 45136.If(b) If a part-time employees average paid time, excluding overtime for which the employee receives compensation at a rate at least equal to time and one-half, exceeds his the employees average assigned time by 50 minutes or more per working day in any quarter, the hours paid per day for compensable leaves of absence and holidays in the succeeding quarter shall be equivalent to the average hours paid per working day in the preceding quarter, excluding overtime.Except(c) Except where vacation entitlement is accrued on the basis of actual hours of paid regular service, vacation entitlement shall be based on the average number of hours worked per working day during the portion of the school year in which the employee is assigned to duty.It(d) It is the intent of the Legislature, in enacting this section, to insure ensure that part-time employees are accorded fringe benefits on an appropriate prorated basis with full recognition given to the number of hours worked by the part-time employee rather than on the basis of time fixed to the position when the fixed time is not reasonably correlated with the actual time worked. This section is to shall be liberally construed in order so that the provisions of Section 45136 may is not be circumvented by requiring employees to work in excess of the their regularly fixed hours for a position on an overtime basis but for which neither premium pay is not provided nor is an appropriate adjustment is not made in fringe benefit entitlement. |
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| 56 | 56 | | 45137. A (a) If a classified employee who works a minimum of 30 minutes per day in excess of his the employees part-time assignment for a period of 20 consecutive working days or more, shall have his more in a school year, the employees basic assignment shall be changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis as specified in Section 45136.If(b) If a part-time employees average paid time, excluding overtime for which the employee receives compensation at a rate at least equal to time and one-half, exceeds his the employees average assigned time by 50 minutes or more per working day in any quarter, the hours paid per day for compensable leaves of absence and holidays in the succeeding quarter shall be equivalent to the average hours paid per working day in the preceding quarter, excluding overtime.Except(c) Except where vacation entitlement is accrued on the basis of actual hours of paid regular service, vacation entitlement shall be based on the average number of hours worked per working day during the portion of the school year in which the employee is assigned to duty.It(d) It is the intent of the Legislature, in enacting this section, to insure ensure that part-time employees are accorded fringe benefits on an appropriate prorated basis with full recognition given to the number of hours worked by the part-time employee rather than on the basis of time fixed to the position when the fixed time is not reasonably correlated with the actual time worked. This section is to shall be liberally construed in order so that the provisions of Section 45136 may is not be circumvented by requiring employees to work in excess of the their regularly fixed hours for a position on an overtime basis but for which neither premium pay is not provided nor is an appropriate adjustment is not made in fringe benefit entitlement. |
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| 60 | 60 | | 45137. A (a) If a classified employee who works a minimum of 30 minutes per day in excess of his the employees part-time assignment for a period of 20 consecutive working days or more, shall have his more in a school year, the employees basic assignment shall be changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis as specified in Section 45136. |
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| 62 | 62 | | If |
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| 66 | 66 | | (b) If a part-time employees average paid time, excluding overtime for which the employee receives compensation at a rate at least equal to time and one-half, exceeds his the employees average assigned time by 50 minutes or more per working day in any quarter, the hours paid per day for compensable leaves of absence and holidays in the succeeding quarter shall be equivalent to the average hours paid per working day in the preceding quarter, excluding overtime. |
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| 68 | 68 | | Except |
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| 72 | 72 | | (c) Except where vacation entitlement is accrued on the basis of actual hours of paid regular service, vacation entitlement shall be based on the average number of hours worked per working day during the portion of the school year in which the employee is assigned to duty. |
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| 74 | 74 | | It |
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| 78 | 78 | | (d) It is the intent of the Legislature, in enacting this section, to insure ensure that part-time employees are accorded fringe benefits on an appropriate prorated basis with full recognition given to the number of hours worked by the part-time employee rather than on the basis of time fixed to the position when the fixed time is not reasonably correlated with the actual time worked. This section is to shall be liberally construed in order so that the provisions of Section 45136 may is not be circumvented by requiring employees to work in excess of the their regularly fixed hours for a position on an overtime basis but for which neither premium pay is not provided nor is an appropriate adjustment is not made in fringe benefit entitlement. |
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