New Leaves Legislation Providing for Paid Parental Leave (AB 2393) (CCD) - School & College Legal Services of California

Paid “Parental Leave” for Academic and Classified Employees (Ed. Code §§87780.1 and 88296.1)
Effective January 1, 2017, academic and classified employees are entitled to up to 12 workweeks of paid “Parental Leave” in a 12-month period. “Parental Leave” means leave taken for “reason of the birth of a child of the employee, or the placement of a child of an employee in connection with the adoption or foster care of the child by the employee.”

LEGAL UPDATE

October 26, 2016

To: Superintendents/Presidents/Chancellors, Member Community College Districts

From: Nancy L. Klein, Senior Associate General Counsel

Subject: New Leaves Legislation Providing for Paid Parental Leave (AB 2393)

Memo No. 19-2016 (CC) – AMENDED

Paid “Parental Leave” for Academic and Classified Employees (Ed. Code §§87780.1 and 88296.1)

Effective January 1, 2017, academic and classified employees are entitled to up to 12 workweeks of paid “Parental Leave” in a 12-month period. “Parental Leave” means leave taken for “reason of the birth of a child of the employee, or the placement of a child of an employee in connection with the adoption or foster care of the child by the employee.”

The rate of pay is the employee’s full pay if he or she has sufficient sick leave to cover the entire period of Parental Leave. If the employee does not have sufficient sick leave, the rate of pay is as set forth below.

Academic Employees:

In districts using the “differential pay” method of calculating extended illness leave compensation, academic employees receive their full rate of pay less the amount actually paid or that would have been paid to the substitute employee to fill his or her position.
In districts that have adopted a rule providing for pay at a rate of not less than 50% of regular salary for 100 working days, academic employees receive the locally adopted rate

Classified Employees:

In districts using the “differential pay” method of calculating extended illness leave, classified employees receive their full rate of pay less the amount actually paid to the substitute employee to fill his or her position.
In districts that have adopted a rule providing for pay at a rate of not less than 50% of regular salary for 100 working days, classified employees receive the locally adopted rate.

An employee is not required to have 1,250 hours of service with the employer during the previous 12-month period to qualify for paid “parental leave” under the Education Code.* An employee who is eligible for CFRA leave may elect to take unpaid CFRA childcare leave and reserve his or her sick leave for later use; however, if an employee elects to receive paid Parental Leave (i.e., use any sick leave for up to 12 workweeks), his or her entitlement to CFRA childcare leave will be reduced by the period of Parental Leave.

Parental Leave + CFRA Childcare Leave = 12 workweeks (Maximum)

Parental Leave

|———————————————12 workweeks—————————————————–|

|=============Sick Leave=========|+++++++++*Differential/50% Rule Pay+++++++++|

*if employee meets modified CFRA eligibility requirements

(12 mos. of service w/employer & 50 employees w/i 75 miles)

Employers are required to honor any collective bargaining agreement providing for greater parental leave rights.

The new Parental Leave provisions are in addition to academic and classified employees’ existing rights under Education Code sections 87784.5 and 88207.5 to take up to 30 days of paid leave (less personal necessity leave (academic and classified employees) and compelling personal importance leave (academic employees only) within the first year of the birth or adoption of a child.

Please contact our office with questions regarding this Legal Update or any other legal matter.

For your convenience please see attached AB 2393.

Also, for your convenience please see attached Government Code section 12945.2

The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

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