New Law Extends Differential Pay Benefit to Certificated Employee Maternity and Paternity Leave

October 2015

Certificated school employees on maternity or paternity leave who have exhausted all available sick leave will now be entitled to differential pay for up to 12 weeks under Assembly Bill 375 (“AB 375”), signed by Governor Brown on October 1, 2015. 

Under current law, when a certificated school employee exhausts available sick leave and continues to be absent from his or her duties on account of illness or accident for an additional period of up to five school months, the employee—during that additional period—receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence.  If no substitute employee is employed, the amount deducted from the employee’s salary is the amount that would have been paid to a substitute employee. 

AB 375, which adds section 44977.5 to the Education Code, extends this differential pay benefit to certificated employees for up to 12 weeks of maternity and paternity leave taken pursuant to the California Family Rights Act (“CFRA”).  Maternity or paternity leave is defined as leave taken for the birth of a child of the employee or the placement of a foster or adoptive child with the employee.  Prior to receiving the differential pay benefit under AB 375, the employee must use all sick leave, including accumulated sick leave.  The employee shall not be provided more than one 12-week period per maternity or paternity leave in any given school year.

The new law takes effect January 1, 2016.  However, if the provisions of AB 375 conflict with any provision of a collective bargaining agreement entered into before January 1, 2016 by a public school employer and an exclusive bargaining representative, the new requirements do not apply until the expiration or renewal of the collective bargaining agreement.

If you have any questions regarding AB 375 or any related matter, please call one of our six offices.

F3 NewsFlash prepared by Kerrie E. McNally and John W. Norlin.
Kerrie is a Partner in the F3 Los Angeles and Inland Empire offices.
John is Special Counsel in the F3 San Diego office.


This F3 NewsFlash is a summary only and not legal advice.  We recommend that you consult with legal counsel to determine how this legal development may apply to your specific facts and circumstances.  Information on a free NewsFlash subscription can be found at www.f3law.com.

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