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The Senate Education Committee debated and passed legislation that would end the state mandate for school districts to provide educators with paid sick, bereavement, and sabbatical leaves and allow them to be part of the collective bargaining process.

(File photo/PennLive.com)

Sabbatical, sick and bereavement leaves have been a staple in public school educators' benefits package for decades because state law required them to be.

Legislation that narrowly won Senate Education Committee approval on Tuesday would change that and allow them to become a topic at the bargaining table.

The bill, sponsored by committee Chairman John Eichelberger, passed by a 7-5 vote and was one of the first pieces of business the committee dealt with in the new legislative session.

Senate Bill 229 was offered at the request of the Pennsylvania School Boards Association to give school directors more flexibility in managing their personnel and costs associated with it.

The proposal would eliminate the statutory requirement that districts provide educators with paid sick leave and bereavement leave. It also would remove from the Public School Code the rule that says teachers and administrators are entitled to sabbatical leaves after 10 years' employment and every seven years thereafter.

The law entitles educators to take sabbaticals for professional development, health restoration or at the school board's discretion, for some other purpose and dictates . they "shall receive at least one-half of his or her regular salary" for the duration of their leave.

Eichelberger, R-Blair County, said educators are the only employee class given these benefits in law while other public employees have to negotiate them through the collective bargaining process.

"It's a fairness issue to try to make sure that our employees across the state are treated the same," he said.

Taking away these long-held leave benefits drew opposition from Democrats on the committee, including Sen. Daylin Leach of Montgomery County, who said, "It just seems like the only result that can come from this ... is that workers will get less."

Sen. John DiSanto, R-Dauphin County, said he sees the potential for this proposal to a positive result for educators.

"It gives them the opportunity to negotiate these costs ... and allow for benefits that are more meaningful in other areas," he said.

What works in one county might not work in another and by having these benefits required by statute, handcuffs school boards in their decision-making, Eichelberger said.

But Leach argued sick leave is not a frivolous benefit. "It seems to be one of those basic things we should provide protection for everybody and not just hope they have a good year at the bargaining table," he said.

Sen. Robert "Tommy" Tomlinson, R-Bucks County, asked if this proposal were to be enacted into law, whether the leave benefits that exist now would end immediately for school employees since they are not part of their current contracts.

Eichelberger said it was his intent for the statutorily provided benefits to remain in place until a labor agreement expires and then they could become a subject of negotiations in the next labor contract talks. However, he expressed a willingness to address that concern as the legislation moves through the process instead of delaying a vote on the bill. Tomlinson was the only Republican on the committee to oppose the bill.

Along with the school boards association, the Pennsylvania Association of School Business Officials issued a statement saying taking away the statutory requirement doesn't mean these benefits can't or shouldn't be provided. "It simply means that these items will become part of the discussion as school districts proceed through contract negotiations."

But Pennsylvania State Education Association spokesman David Broderic saw nothing good coming of this legislation.

"This is a major step backwards particularly for women. It lacks compassion or common sense," he said. "With all the problems the Legislature has to solve, it's a mystery why the committee is making this a priority."

In a separate vote, the education committee approved legislation to shorten the timeframe by which school boards can make decisions about renewing superintendent and assistant superintendents' contracts from 150 to 90 days prior to their contract's expiration. If that deadline is missed, it limits their automatic renewal to one year.