Bill Text: CA AB915 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Public education employees: industrial accident or illness leaves of absence: travel restriction.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-07-06 - Chaptered by Secretary of State - Chapter 58, Statutes of 2015. [AB915 Detail]

Download: California-2015-AB915-Chaptered.html

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BILL NUMBER: AB 915	CHAPTERED
	BILL TEXT

	CHAPTER  58
	FILED WITH SECRETARY OF STATE  JULY 6, 2015
	APPROVED BY GOVERNOR  JULY 6, 2015
	PASSED THE SENATE  JUNE 22, 2015
	PASSED THE ASSEMBLY  MAY 14, 2015
	AMENDED IN ASSEMBLY  MARCH 19, 2015

INTRODUCED BY   Assembly Member Holden

                        FEBRUARY 26, 2015

   An act to amend Sections 44984, 45192, 87787, and 88192 of the
Education Code, relating to public education employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 915, Holden. Public education employees: industrial accident or
illness leaves of absence: travel restriction.
   Existing law requires the governing board of a school district to
provide by rules and regulations for industrial accident or illness
leaves of absence for employees who are a part of the classified
service and for all certificated employees. Existing law requires the
governing board of a community college district to provide by rules
and regulations for industrial accident or illness leaves of absence
for employees who are part of the classified service and for all
academic employees. Existing law requires an employee receiving
benefits pursuant to these provisions to remain within California
during periods of injury or illness, unless the governing board
authorizes travel outside the state.
   This bill would remove the travel restriction on an employee
receiving these benefits.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44984 of the Education Code is amended to read:

   44984.  (a) The governing board of a school district shall provide
by rules and regulations for industrial accident and illness leaves
of absence for all certificated employees. The governing board of a
district that is created or whose boundaries or status is changed by
an action to organize or reorganize districts completed after the
effective date of this section shall provide by rules and regulations
for these leaves of absence on or before the date on which the
organization or reorganization of the district becomes effective for
all purposes.
   (b) The rules or regulations shall include the following
provisions:
   (1) Allowable leave shall be for not less than 60 days during
which the schools of the district are required to be in session or
when the employee would otherwise have been performing work for the
district in any one fiscal year for the same accident.
   (2) Allowable leave shall not be accumulated from year to year.
   (3) Industrial accident or illness leave shall commence on the
first day of absence.
   (4) (A)  When a certificated employee is absent from his or her
duties on account of an industrial accident or illness, he or she
shall be paid the portion of the salary due him or her for any month
in which the absence occurs as, when added to his or her temporary
disability indemnity under Division 4 or Division 4.5 of the Labor
Code, will result in a payment to him or her of not more than his or
her full salary.
   (B) The phrase "full salary" as utilized in this subdivision shall
be computed so that it shall not be less than the employee's
"average weekly earnings" as that phrase is utilized in Section 4453
of the Labor Code. For purposes of this section, however, the maximum
and minimum average weekly earnings set forth in Section 4453 of the
Labor Code shall otherwise not be deemed applicable.
   (5) Industrial accident or illness leave shall be reduced by one
day for each day of authorized absence regardless of a temporary
disability indemnity award.
   (6) When an industrial accident or illness leave overlaps into the
next fiscal year, the employee shall be entitled to only the amount
of unused leave due him or her for the same illness or injury.
   (c) Upon termination of the industrial accident or illness leave,
the employee shall be entitled to the benefits provided in Sections
44977, 44978 and 44983, and for the purposes of each of these
sections, the employee's absence shall be deemed to have commenced on
the date of termination of the industrial accident or illness leave,
provided that if the employee continues to receive temporary
disability indemnity, the employee may elect to take as much of his
or her accumulated sick leave which, when added to his or her
temporary disability indemnity, will result in a payment to him or
her of not more than his or her full salary.
   (d) The governing board of a district may, by rule or regulation,
provide for an additional leave of absence for industrial accident or
illness as it deems appropriate.
   (e) During a paid leave of absence, the employee may endorse to
the district the temporary disability indemnity checks received on
account of the employee's industrial accident or illness. The
district, in turn, shall issue the employee appropriate salary
warrants for payment of the employee's salary and shall deduct normal
retirement, other authorized contributions, and the temporary
disability indemnity, if any, actually paid to and retained by the
employee for periods covered by the salary warrants.
   (f) In the absence of rules and regulations adopted by the
governing board of a district pursuant to this section, an employee
shall be entitled to industrial accident or illness leave as provided
in this section but without limitation as to the number of days of
this leave.
  SEC. 2.  Section 45192 of the Education Code is amended to read:
   45192.  (a) The governing board of a school district shall provide
by rules and regulations for industrial accident or illness leaves
of absence for employees who are a part of the classified service.
The governing board of a district that is created or whose boundaries
or status is changed by an action to organize or reorganize
districts completed after the effective date of this section shall
provide by rules and regulations for these leaves of absence on or
before the date on which the organization or reorganization of the
district becomes effective for all purposes.
    (b) The rules and regulations shall include the following
provisions:
   (1) Allowable leave shall not be for less than 60 working days in
any one fiscal year for the same accident.
   (2) Allowable leave shall not be accumulative from year to year.
   (3) Industrial accident or illness leave will commence on the
first day of absence.
   (4) Payment for wages lost on any day shall not, when added to an
award granted the employee under the workers' compensation laws of
this state, exceed the normal wage for the day.
   (5) Industrial accident leave will be reduced by one day for each
day of authorized absence regardless of a compensation award made
under workers' compensation.
   (6) When an industrial accident or illness occurs at a time when
the full 60 days will overlap into the next fiscal year, the employee
shall be entitled to only that amount remaining at the end of the
fiscal year in which the injury or illness occurred, for the same
illness or injury.
   (c) The industrial accident or illness leave of absence is to be
used in lieu of entitlement acquired under Section 45191. When
entitlement to industrial accident or illness leave has been
exhausted, entitlement or other sick leave will then be used; but if
an employee is receiving workers' compensation the employee shall be
entitled to use only so much of his or her accumulated or available
sick leave, accumulated compensating time, vacation or other
available leave that, when added to the workers' compensation award,
provide for a full day's wage or salary.
   (d) The governing board of a district may, by rule or regulation,
provide for as much additional leave of absence, paid or unpaid, as
it deems appropriate and during this leave the employee may return to
his or her position without suffering any loss of status or
benefits. The employee shall be notified, in writing, that available
paid leave has been exhausted, and shall be offered an opportunity to
request additional leave.
   (e) A period of leave of absence, paid or unpaid, shall not be
considered to be a break in service of the employee.
   (f) During a paid leave of absence, whether industrial accident
leave as provided in this section, sick leave, vacation, compensated
time off, or other available leave provided by law or the action of a
governing board of a district, the employee shall endorse to the
district wage loss benefit checks received under the workers'
compensation laws of this state. The district, in turn, shall issue
the employee appropriate warrants for payment of wages or salary and
shall deduct normal retirement and other authorized contributions.
Reduction of entitlement to leave shall be made only in accordance
with this section.
   (g) When all available leaves of absence, paid or unpaid, have
been exhausted and if the employee is not medically able to assume
the duties of his or her position, the employee shall, if not placed
in another position, be placed on a reemployment list for a period of
39 months. When available, during the 39-month period, the employee
shall be employed in a vacant position in the class of the employee's
previous assignment over all other available candidates except for a
reemployment list established because of lack of work or lack of
funds, in which case the employee shall be listed in accordance with
appropriate seniority regulations.
   (h) The governing board of a district may require that an employee
serve or have served continuously a specified period of time with
the district before the benefits provided by this section are made
available to the employee provided that this period shall not exceed
three years and that all service of the employee prior to the
effective date of this section shall be credited in determining
compliance with the requirement.
   (i) In the absence of rules and regulations adopted by the
governing board of a district, pursuant to this section, an employee
shall be entitled to industrial and accident or illness leave as
provided in this section but without limitation as to the number of
days of this leave and without any requirement of a specified period
of service.
   (j) An employee who has been placed on a reemployment list, as
provided in this section, who has been medically released for return
to duty and who fails to accept an appropriate assignment shall be
dismissed.
    (k) 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 45240).
  SEC. 3.  Section 87787 of the Education Code is amended to read:
   87787.  (a) The governing board of a community college district
shall provide by rules and regulations for industrial accident and
illness leaves of absence for all academic employees. The governing
board of a district that is created or whose boundaries or status is
changed by an action to organize or reorganize districts completed
after January 1, 1976, shall provide by rules and regulations for
those leaves of absence on or before the date on which the
organization or reorganization of the district becomes effective.
   (b) The rules or regulations shall include all of the following
provisions:
   (1) Allowable leave shall be for not less than 60 days during
which the schools of the district are required to be in session or
when the employee would otherwise have been performing work for the
district in any one fiscal year for the same accident.
   (2) Allowable leave shall not be accumulated from year to year.
   (3) Industrial accident or illness leave shall commence on the
first day of absence.
   (4) (A) When an academic employee is absent from his or her duties
on account of an industrial accident or illness, the employee shall
be paid the portion of the salary due him or her for any month in
which the absence occurs as, when added to his or her temporary
disability indemnity under Division 4 (commencing with Section 3200)
or Division 4.5 (commencing with Section 6100) of the Labor Code,
will result in a payment to the employee of not more than his or her
full salary.
   (B) The phrase "full salary," as utilized in this subdivision,
shall be computed so that it shall not be less than the employee's
"average weekly earnings" as that phrase is utilized in Section 4453
of the Labor Code. For purposes of this section, however, the maximum
and minimum average weekly earnings set forth in Section 4453 of the
Labor Code shall otherwise not be deemed applicable.
   (5) Industrial accident or illness leave shall be reduced by one
day for each day of authorized absence regardless of a temporary
disability indemnity award.
   (6) When an industrial accident or illness leave overlaps into the
next fiscal year, the employee shall be entitled to only the amount
of unused leave due him or her for the same illness or injury.
   (c) Upon termination of the industrial accident or illness leave,
the employee shall be entitled to the benefits provided in Sections
87780, 87781 and 87786, and, for the purposes of each of these
sections, his or her absence shall be deemed to have commenced on the
date of termination of the industrial accident or illness leave.
However, if the employee continues to receive temporary disability
indemnity, he or she may elect to take as much of his or her
accumulated sick leave which, when added to his or her temporary
disability indemnity, will result in a payment to the employee of not
more than his or her full salary.
   (d) The governing board of a district, by rule or regulation, may
provide for additional leave of absence for industrial accident or
illness as it deems appropriate.
   (e) During a paid leave of absence, the employee may endorse to
the district the temporary disability indemnity checks received on
account of his or her industrial accident or illness. The district,
in turn, shall issue the employee appropriate salary warrants for
payment of the employee's salary and shall deduct normal retirement,
other authorized contributions, and the temporary disability
indemnity, if any, actually paid to and retained by the employee for
periods covered by the salary warrants.
   (f) In the absence of rules and regulations adopted by the
governing board of a district pursuant to this section, an employee
shall be entitled to industrial accident or illness leave as provided
in this section but without limitation as to the number of days of
leave.
  SEC. 4.  Section 88192 of the Education Code is amended to read:
   88192.  (a) The governing board of a community college district
shall provide, by rules and regulations, for industrial accident or
illness leaves of absence for employees who are a part of the
classified service. The governing board of a district that is created
or whose boundaries or status is changed by an action to organize or
reorganize districts completed after January 1, 1975, shall provide,
by rules and regulations, for these leaves of absence on or before
the date on which the organization or reorganization of the district
becomes effective for all purposes.
   (b) The rules and regulations shall include all of the following
provisions:
   (1) Allowable leave shall not be for less than 60 working days in
any one fiscal year for the same accident.
   (2) Allowable leave shall not be accumulative from year to year.
   (3) Industrial accident or illness leave of absence will commence
on the first day of absence.
   (4) Payment for wages lost on any day shall not, when added to an
award granted the employee under the workers' compensation laws of
this state, exceed the normal wage for the day.
   (5) Industrial accident leave will be reduced by one day for each
day of authorized absence regardless of a compensation award made
under workers' compensation.
   (6) When an industrial accident or illness occurs at a time when
the full 60 days will overlap into the next fiscal year, the employee
shall be entitled to only that amount remaining at the end of the
fiscal year in which the injury or illness occurred, for the same
illness or injury.
   (c) The industrial accident or illness leave of absence is to be
used in lieu of entitlement acquired under Section 88191. When
entitlement to industrial accident or illness leave has been
exhausted, entitlement to other sick leave will then be used; but if
an employee is receiving workers' compensation, the employee shall be
entitled to use only so much of the his or her accumulated or
available sick leave, accumulated compensating time, vacation or
other available leave which, when added to the workers' compensation
award, provide for a full day's wage or salary.
   (d) The governing board of a district, by rule or regulation, may
provide for additional leave of absence, paid or unpaid, as it deems
appropriate and during that leave the employee may return to the his
or her position without suffering any loss of status or benefits.
   (e) A period of leave of absence, paid or unpaid, shall not be
considered to be a break in service of the employee.
   (f) During a paid leave of absence, whether industrial accident
leave as provided in this section, sick leave, vacation, compensated
time off or other available leave provided by law or the action of a
governing board of a district, the employee shall endorse to the
district wage loss benefit checks received under the workers'
compensation laws of this state. The district, in turn, shall issue
the employee appropriate warrants for payment of wages or salary and
shall deduct normal retirement and other authorized contributions.
Reduction of entitlement to leave shall be made only in accordance
with this section.
   (g) When all available leaves of absence, paid or unpaid, have
been exhausted and if the employee is not medically able to assume
the duties of his or her position, the employee, if not placed in
another position, shall be placed on a reemployment list for a period
of 39 months. When available, during the 39-month period, the
employee shall be employed in a vacant position in the class of his
or her previous assignment over all other available candidates except
for a reemployment list established because of lack of work or lack
of funds, in which case the employee shall be listed in accordance
with appropriate seniority regulations.
   (h) The governing board of a district may require that an employee
serve, or have served continuously, a specified period of time with
the district before the benefits provided by this section are made
available to the employee. However, that period shall not exceed
three years. All service of an employee prior to the effective date
of this section shall be credited in determining compliance with the
requirement.
   (i) In the absence of rules and regulations adopted by the
governing board of a district pursuant to this section, an employee
shall be entitled to industrial and accident or illness leave as
provided in this section but without limitation as to the number of
days of that leave and without any requirement of a specified period
of service.
   (j) An employee who has been placed on a reemployment list, as
provided in this section, who has been medically released for return
to duty and who fails to accept an appropriate assignment shall be
dismissed.
   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).