California 2021 2021-2022 Regular Session

California Assembly Bill AB2379 Amended / Bill

Filed 03/24/2022

                    Amended IN  Assembly  March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2379Introduced by Assembly Member Megan DahleFebruary 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 DIGESTAB 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 schools 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe 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.

 Amended IN  Assembly  March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2379Introduced by Assembly Member Megan DahleFebruary 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 DIGESTAB 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 schools 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 24, 2022

Amended IN  Assembly  March 24, 2022

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 2379

Introduced by Assembly Member Megan DahleFebruary 17, 2022

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

## 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 schools 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.

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 schools 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.



## Digest Key

## Bill Text

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.

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

## 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.

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.

SECTION 1. It is the intent of the Legislature to do both of the following:

### SECTION 1.

(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.

SEC. 2. Section 230.9 is added to the Labor Code, to read:

### SEC. 2.

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.

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.

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.



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.





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.