Bill Text: CA SB122 | 2009-2010 | Regular Session | Introduced

California Senate Bill 122 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Groundwater.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB122 Detail]

Download: California-2009-SB122-Introduced.html

BILL NUMBER: SB 122	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 3, 2009

   An act to amend Sections 44977, 44983, and 45196 of the Education
Code, relating to public school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 122, as introduced, Pavley. School employees: collective
bargaining: sick leave.
   Existing law gives public school employees the right to form,
join, and participate in the activities of employee organizations of
their own choosing for the purpose of representation on all matters
of employer-employee relations and requires public school employers
to meet and confer in good faith regarding wages, hours, and other
terms and conditions of employment with representatives of recognized
employee organizations. Existing law provides that the law governing
meeting and negotiating in public educational employment does not
supersede other provisions of the Education Code and the rules and
regulations of public school employers that provide for other methods
of administering employer-employee relations, so long as the rules
and regulations or other methods of the public school employer do not
conflict with lawful collective bargaining agreements.
   The Education Code contains provisions governing sick leave for
employees serving in positions requiring certification qualifications
who have exhausted all available sick leave and continue to be
absent on account of illness or accident for an additional 5 school
months and for employees in the classified service who are absent on
account of illness or accident for 5 months or less.
   This bill, notwithstanding any other provisions of law, would
authorize a school district to meet and negotiate with the exclusive
representative of its certificated employees regarding the sick leave
compensation for the employees in the situation described above and
would authorize a school district to reach an agreement on an
alternative benefit program in place of the program described in
code.
   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 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. 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 district.
   (d) Excepting in a  school  district the governing board
of which has adopted a salary schedule for substitute employees of
the 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 section shall be construed so as to
deprive any   (1)     This section
does not deprive 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. 
   (2) Notwithstanding this section or any other provision of law, a
school district may meet and negotiate with the exclusive
representative of its certificated employees regarding the matters
covered by this section and may reach an agreement on an alternative
benefit program in place of the program described in this section.

   (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 district.
  SEC. 2.  Section 44983 of the Education Code is amended to read:
   44983.   (a)    Section 44977 shall not apply to
 any   a  school district which
  that  adopts and maintains in effect a rule
 which   that  provides that when a person
employed in a position requiring certification qualifications is
absent from his duties on account of illness or accident for a period
of five school months or less whether or not the absence arises out
of or in the course of the employment of the employee, he shall
receive 50 percent or more of his regular salary during the period of
 such   the  absence and  nothing
in  Section 44977 shall  not  be construed as
preventing the governing board of  any   a
school  district from adopting  any such  
the  rule. 
   Notwithstanding 
    (b)     Notwithstanding  the
foregoing, when a person employed in a position requiring
certification qualifications is absent from his duties on account of
illness for a period of more than five school months, or when a
person is absent from his duties for a cause other than illness, the
amount deducted from the salary due him for the month in which the
absence occurs shall be determined according to the rules and
regulations established by the governing board of the district.
 Such   The  rules and regulations shall
not conflict with rules and regulations of the  State Board
of Education   state board  . 
   Nothing in this section shall be construed so as to deprive any

    (c)     (1)     This
section does not deprive 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 requiring certification qualifications.

   This  
   (2) Notwithstanding this section and any other provision of law, a
school district may meet and negotiate with the exclusive
representative of its certificated employees regarding the matters
covered by this section and may reach an agreement on an alternative
benefit program in place of the program described in this section.

    (3)     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.
  SEC. 3.  Section 45196 of the Education Code is amended to read:
   45196.   (a)    When a person employed in the
classified service is absent from his duties on account of illness or
accident for a period of five months or less, whether or not the
absence arises out of or in the course of employment of the employee,
the amount deducted from the salary due him for any month in which
the absence occurs shall not exceed the sum  which 
 that  is actually paid a substitute employee employed to
fill his position during his absence. 
   Excepting in a 
    (b)     Except in a school  district
the governing board of which has adopted a salary schedule for
substitute employees of the district, the amount paid the substitute
employee during  any   a  month shall be
less than the salary due the employee absent from his duties.

   Entitlement 
    (c)    Entitlement  to sick leave
provisions under this section, if any, shall be considered
"entitlement to other sick leave" for the purposes of computing
benefits under the provisions of Section 45192 if the absence is for
industrial accident or illness and shall be used after entitlement to
all regular sick leave, accumulated compensating time, vacation 
,  or other available paid leave has been exhausted. 
   The foregoing provisions 
    (d)     Subdivisions (a), (b), and (c)
 shall not apply to  any   a  school
district  which   that  adopts and
maintains in effect a rule  which   that 
provides that a regular classified employee shall once a year be
credited with a total of not less than 100 working days of paid sick
leave, including days to which he is entitled under Section 45191.
 Such   These  days of paid sick leave in
addition to those required by Section 45191 shall be compensated at
not less than 50 percent of the employee's regular salary. The paid
sick leave authorized under  such a   the 
rule shall be exclusive of any other paid leave, holidays, vacation,
or compensating time to which the employee may be entitled. 
Nothing in this section shall   This section does not
 preclude the governing board from adopting  such a
  that  rule. 
   (e) Notwithstanding this section and any other provision of law, a
school district may meet and negotiate with the exclusive
representative of its certificated employees regarding the matters
covered by this section and may reach an agreement on an alternative
benefit program in place of the program described in this section or
a rule adopted by the governing board of the school district.