Cecilia Aguiar-Curry

Existing law requires the governing board of a school district, and the governing board of a community college district, to provide for a leave of absence from duty for a certificated employee or an academic employee of the district who is required to be absent from duty because of pregnancy, miscarriage, childbirth, and recovery from those conditions.

Existing law authorizes the governing board of a school district, and the governing board of a community college district, to provide for a leave of absence from duty as it deems appropriate for a female employee in the classified service of the district who is required to be absent from duty because of pregnancy or convalescence following childbirth. Existing law authorizes a governing board to adopt rules and regulations about leaves of absence for classified employees for these purposes, and authorizes a governing board to provide in the rules and regulations whether the leave granted shall be with or without pay, as provided.

This bill would delete the latter provisions authorizing a governing board of a school district and the governing board of a community college district to adopt those rules and regulations. The bill instead would require a public school employer to, for a certificated employee or an employee in the classified service of the public school employer, and would require a community college district to, for an academic employee or an employee in the classified service of the community college district, provide up to 14 weeks of a leave of absence with specified pay benefits for an employee who is required to be absent from duty because of pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions, as provided. The bill would authorize the paid leave to begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or a related condition. The bill would prohibit a leave of absence taken pursuant to these provisions from being deducted from other leaves of absence, as provided, and would require public school employers and community college districts to maintain group health coverage for an employee who takes a leave of absence under these provisions for the duration of the leave of absence at the same level and under the same conditions that coverage would have been provided if the employee had not taken a leave of absence. The bill would prohibit any other eligibility requirements, including, but not limited to, minimum hours worked or length of service, before an employee disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions is eligible for a paid leave of absence under these provisions.