New Leaves Legislation Providing for Paid Parental Leave And Illness/Injury Leave for Military Veterans with Military Service-Connected Disability (AB 2393 and SB 1180) (K-12)
Paid “Parental Leave” for Certificated and Classified Employees (Ed. Code §§44977.5 and 45196.1)
Effective January 1, 2017, certificated (K-12 school district) employees and classified (K-12 and COE) 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 25, 2016
To: Superintendents, Member School Districts (K-12)
From: Nancy L. Klein, Senior Associate General Counsel
Subject: New Leaves Legislation Providing for Paid Parental Leave And Illness/Injury Leave for Military Veterans with Military Service-Connected Disability (AB 2393 and SB 1180)
Memo No. 36-2016 – AMENDED
Paid “Parental Leave” for Certificated and Classified Employees (Ed. Code §§44977.5 and 45196.1)
Effective January 1, 2017, certificated (K-12 school district) employees and classified (K-12 and COE) 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.
Certificated Employees:
- In school districts using the “differential pay” method of calculating extended illness leave compensation, certificated employees receive their full rate of pay less the amount actually paid or that would have been paid to the substitute employed to fill his or her position.
- In school districts that have adopted a rule providing for pay at a rate of not less than 50% of regular salary for 100 working days, certificated employees receive the locally adopted rate.
Classified Employees:
- In school districts and county offices of education 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 employed to fill his or her position.
- In school districts and county offices of education 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.
Illness / Injury Leave for New Employees who are Military Veterans with Qualifying Disability (SB 1180 – Education Code sections 44978.2 and 45191.5)
Certificated school district employees and classified school district or county office of education employees hired on or after January 1, 2017, who have a military service-connected disability rated at 30 percent or more by the U.S. Department of Veterans Affairs are entitled to paid illness or injury leave for the purpose of undergoing medical treatment for a military service-connected disability.
Certificated employees may take up 10 days leave during the first 12 months of employment for medical treatment of a qualifying service-connected disability. Classified employees may take up to 12 days leave during the first 12 months of employment for medical treatment of a qualifying service-connected disability. Any leave not used within the first 12 months of employment is forfeited.
Employers may require employees to provide satisfactory proof that the leave of absence is for medical treatment of a qualifying military service-connected disability.
The military veteran leave entitlement is in addition to any illness or injury available to non-military veteran employees.
For your convenience please see attached AB 2393 and SB 1180.
Also, for your convenience please see attached Government Code section 12945.2
Please contact our office with questions regarding this Legal Update or any other legal matter.
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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