AB1750 - School employees: absences due to illness or accident.

Amended IN Assembly April 13, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1750 Introduced by Assembly Member Caloza February 09, 2026 An act to amend Sections 1294, 44940.5, 44977, 44977.5, 44978, 44984, 45196, 45196.1, 87780, 87780.1, 87781, 87787, 88196, and 88196.1 and 45196.1 of, and to repeal Sections Section 44983 and 87786 of, the Education Code, relating to school and community college employees. LEGISLATIVE COUNSEL'S DIGEST AB 1750, as amended, Caloza. School and community college employees: absences due to illness or accident. Existing law requires a certificated or classified school employee, and an academic or classified community college employee, employee who exhausts all available sick leave and continues to be absent from duties on account of illness or accident for an additional period of 5 months to receive during those 5 months either (1) the difference between the employee’s salary and the sum that is actually paid, or would have been paid, to a substitute employee employed to fill the position during the employee’s absence, or (2) at least 50% of the employee’s regular salary during the period of the absence. This bill would require a certificated or classified school employee, and an academic or classified community college employee, employee who exhausts all available sick leave and continues to be absent from duties on account of illness or accident for an additional period of 5 months to instead receive the employee’s full salary during those 5 months. The bill would make numerous related conforming and clarifying changes. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 1294 of the Education Code is amended to read: 1294. (a) Each person employed by a county superintendent of schools in a position requiring certification qualifications, except employees included in the civil service system or in any merit system, or any person who holds an office by virtue of an election conducted under the Elections Code or this code, and whose salary is paid from the county school service fund, has the same right with respect to leaves of absence, sick leave, and bereavement leave as a person employed by a school district or a community college district in a position requiring certification qualifications. (b) Sections 22724, 44845, 44922, 44949, 44955, 44962 to 44976, inclusive, 44977, 44978, 44979, 44984, 44985, 44987, 87413, 87414, 87740, 87743, 87763 to 87779, inclusive, 87780, 87781, 87782, 87786, 87787, and 87788 apply to persons so employed by a county superintendent of schools and so paid from the county school service fund. Whenever, in those provisions, a duty or power is imposed upon or granted to the governing board of a school district or community college district or an employee thereof, the power or duty shall, for purposes of this section, be deemed to be granted to or imposed on the county superintendent of schools or the employee of the county superintendent of schools, respectively. When “district” is used in those provisions, it shall, for purposes of this section, be deemed to mean “county superintendent of schools.” Compensation paid to employees during those leaves shall be paid from the county school service fund. (c) The granting of leaves of absence to employees pursuant to Section 44966 or 87767 shall be by the county superintendent of schools, upon approval by the county board of education. SEC. 2. Section 44940.5 of the Education Code is amended to read: 44940.5. A certificated employee placed on compulsory leave of absence pursuant to Section 44940, and a classified employee placed on compulsory leave of absence pursuant to Section 45304, shall be subject to the following procedures: (a) The governing board of the school district may extend the compulsory leave of absence of the employee beyond the initial period specified in Section 44940 or 45304, whichever is applicable, by giving notice to the employee within 10 days after the entry of judgment in the proceedings that the employee will be dismissed at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article. (b) An employee placed upon compulsory leave of absence pursuant to this section shall continue to be paid the employee’s regular salary during the period of the compulsory leave of absence if and during that time the employee furnishes to the school district a suitable bond, or other security acceptable to the governing board of the school district, as a guarantee that the employee will repay to the school district the amount of salary so paid to the employee during the period of the compulsory leave of absence in case the employee is convicted of the charges, or fails or refuses to return to service following an acquittal of the offense or dismissal of the charges. If the employee is acquitted of the offense, or the charges against the employee are dismissed, the school district shall reimburse the employee for the cost of the bond upon the employee’s return to service in the school district. (c) If the employee does not elect to furnish bond, or other security acceptable to the governing board of the school district, and if the employee is acquitted of the offense, or the charges against the employee are dismissed without the employee’s guilt being established, the school district shall pay to the employee the full compensation for the period of the compulsory leave of absence upon the employee’s return to service in the school district. If the charges against the employee are dismissed as a result of the employee’s successful completion of a drug diversion program, upon the employee’s return to service in the school district, the school district, at the employee’s election, shall pay to the employee any accrued leave, and differential pay pursuant to Section 44977, as that section read on January 1, 2026, Section 45195, and Section 45196, as that section read on January 1, 2026, for up to the length of the employee’s compulsory leave of absence. (d) An action taken pursuant to this section by a governing board shall be reported immediately to the commission. The commission shall give priority to the investigation and resolution of these cases. SEC. 3. 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 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 employee shall receive the employee’s full salary for any of the additional five months in which the absence occurs. 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 school district. (d) When a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and is absent from duties on account of illness for a period of more than five school months, or when a person is absent from duties for a cause other than illness, the amount deducted from the salary due to the employee 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. (e) This section shall not be construed as depriving any 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. (f) This section shall apply 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. 4. Section 44977.5 of the Education Code is amended to read: 44977.5. (a) (1) Notwithstanding any other law, during each school year, a person employed in a position requiring certification qualifications may use sick leave for purposes of parental leave for a period of up to 12 workweeks. A school district shall provide parental leave to a person employed in a position requiring certification qualifications pursuant to either paragraph (2) or (3). (2) In school districts that elect to provide differential pay pursuant to this paragraph, 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 duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due the person for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill the position during the person’s absence or, if no substitute employee was employed, the amount that would have been paid to a substitute had a substitute been employed. The school district shall make every reasonable effort to secure the services of a substitute employee. (3) In school districts that elect not to provide differential pay pursuant to paragraph (2), 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 duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the person shall be compensated at no less than 50 percent of the person’s regular salary for the remaining portion of the 12-workweek period of parental leave. (4) Regardless of the type of parental leave compensation provided by the school district pursuant to paragraphs (2) and (3), the compensation a person employed in a position requiring certification qualifications shall receive shall be no less than 50 percent of the person’s regular salary for the remaining portion of the 12-workweek period of parental leave. (b) For purposes of subdivision (a), all of the following apply: (1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. (2) A person employed in a position requiring certification qualifications shall not be provided more than one 12-workweek period for parental leave during any 12-month period. (3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. (c) This section shall apply 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. (d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in a position requiring certification qualifications is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. (e) This section shall not be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. (f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. SEC. 5. Section 44978 of the Education Code is amended to read: 44978. (a) Every certificated employee employed five days a week by a school district shall be entitled to 10 days’ leave of absence for illness or injury and additional days in addition thereto as the governing board may allow for illness or injury, exclusive of all days the employee is not required to render service to the district, with full pay for a school year of service. A certificated employee employed for less than five schooldays a week shall be entitled, for a school year of service, to that proportion of 10 days’ leave of absence for illness or injury as the number of days the employee is employed per week bears to five, and is entitled to additional days in addition thereto as the governing board may allow for illness or injury to certificated employees employed for less than five schooldays a week. Pay for any day of this absence shall be the same as the pay that would have been received had the employee served during the day. Credit for leave of absence need not be accrued before taking the leave by the employee and the leave of absence may be taken at any time during the school year. If the employee does not take the full amount of leave allowed in any school year under this section the amount not taken shall be accumulated from year to year with additional days as the governing board may allow. (b) The governing board of each school district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for purposes of this section. The rules and regulations shall not discriminate against evidence of treatment and the need therefor by the practice of the religion of any well-recognized church or denomination. (c) This section shall not be deemed to modify or repeal any provision of law contained in Chapter 3 (commencing with Section 120175) of Part 1 of Division 105 of the Health and Safety Code. (d) An employee shall have the right to use sick leave provided for in this section and the benefit provided by Section 44977 for absences necessitated by pr [Text truncated for display. Full text available on Congress.gov.]