Legislation of Interest to Higher Education Institutions: Personnel | Human Resources

KMTG will be issuing a series of updates on new legislation signed by Governor Brown.  All laws become effective January 1, 2013, unless otherwise stated. 


To read recent alerts reported on by KMTG that affect k-12 and higher education, please see our Legal Alerts under the Resources tab at www.kmtg.com.  Several of these summaries have been expanded upon and links have been provided when applicable.

Unelected Classified Union Members Paid Leaves of Absence - Assembly Bill 1203

AB 1203 amends Education Code section 88210.  It expands current law to require a community college district to provide a paid leave of absence to a reasonable number of unelected classified employees for the purpose of enabling an employee to attend important organizational activities authorized by the public employee organization and will require the employee organization to reimburse the community college district for all compensation paid to the employee.  The bill will additionally require an employee organization to provide reasonable notification to the employer requesting a leave of absence without loss of compensation for any of the above-described activities.

See KMTG Legislative Update: Legislature Addresses Gifted And Talented Program, Indirect Cost Rates, Educational Placement Of Foster Children, And Paid Leaves of Absence, December 11, 2012 | Bulletin No. 1012810.2

Classified Employees; Notice of Layoff - Assembly Bill 1908

AB 1908 amends Education Code section 88017 to require notice of not less than 60 days (previously 45 days) prior to the effective day of the layoff, if the termination date of any specially-funded program is other than June 30, or if a classified employee is subject to layoff as a result of a bona fide reduction or elimination of a service performed by a department.

See KMTG Legislative Update: New Laws Affecting School Districts and Community College Districts, October 12, 2012 | Bulletin No. 1011601.2

Reemployment- Assembly Bill 2307

AB 2307 amends Education Code section 88117 and is applicable to community college districts that have adopted the merit system.  The bill requires a classified employee who is reemployed in a new position and fails to complete the probationary period in the new position be returned to the reemployment list for the remainder of the 39-month period.  The remaining time period shall be calculated as the time remaining in the 39-month period as of the date of reemployment.

See KMTG Legislative Update: New Laws Declare May As Labor History Month, Address Testing Accommodations For Law School Admission Test, Designate Campus Law Enforcement And Student Liaisons, Amends Live Audio Transmission Of Postsecondary Institution Meetings, And School Employee Reemployment, November 14, 2012 | Bulletin No. 1012489.2

Child Abuse Reporting; Mandated Reporters - Assembly Bill 1817 (Senate Bill 1264/Assembly Bill 1434)

AB 1817 amends Penal Code section 11165.7.  This bill adds to the list of mandated reporters any athletic coach -- including an assistant coach or a graduate assistant -- involved in coaching at a public or private postsecondary educational institution.  It also adds any employee or administrator of a public or private postsecondary institution whose duties bring him/her into contact with children on a regular basis, or who supervises those in regular contact with children, as mandated reporters regarding child abuse or neglect on the institution’s premises or at an official activity of, or program conducted by, the institution.

STRS Retirement- Senate Bill 114

SB 114 makes changes to Education Code section 22138.5 and will require community college districts to annually submit a copy of the collective bargaining agreements and employment agreements for part-time and adult education faculty (subject to the FTE standard in Education Code section 22138.5) to the State Teacher’s Retirement System.  These agreements must also specify the number of hours of creditable service that equal “full-time” for each class of employee.  The copies of these agreements must be provided electronically in a format determined by the system that ensures the security of the transmitted member data and are to be submitted annually on or before July 1, or on or before the effective date of the agreement, whichever is later.

Discrimination Based on Religious Dress or Grooming Practices- Assembly Bill 1964

AB 1964 amends Government Code sections 12926 and 12940.  Under current law, employers are required to reasonably accommodate bona fide religious beliefs, observances and practices of employees, unless doing so would present an undue hardship.  AB 1964 expands the definition of a "belief, observance, or practice" to include "religious dress practices" and "religious grooming standards." These terms are broadly defined as including the wearing or carrying of religious clothing, head or face coverings, jewelry, and the wearing of all forms of head, facial and body hair in observance of the employee's religion.  An employer is not required to accommodate an employee's religious dress or grooming practice if doing so would (1) require the employee to be segregated from the public or other employees, or (2) constitute a violation of some other law prohibiting discrimination or protecting civil rights.

See KMTG Legislative Update: Governor Brown Signs Bills Adding Protection for Religious Practices, November 21, 2012 | Bulletin No. 1009288.1

Sex Discrimination; Breastfeeding- Assembly Bill 2386

AB 2386 amends Government Code sections 12926 and 12940.  The bill expands the prohibition of discrimination based on "sex" to include discrimination against a female employee who is breastfeeding or has a medical condition related to breastfeeding.


If you have any questions concerning the content of this Legal Alert, please contact the following from our office, or the attorney with whom you normally consult.

Arturo E. Ocampo | 916.321.4500


Topics:  Appearance Policy, Breastfeeding, Child Abuse, Discrimination, Layoff Notices, Paid Leave, Religious Discrimination, Sex Discrimination, State Teachers Retirement System, Unions

Published In: Administrative Agency Updates, Civil Rights Updates, Education Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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