(1)Under existing law, a certificated employee may, at his or her election, use days of leave of absence for illness or injury allowed, pursuant to specified existing law.

This bill would require that a certificated employee hired on or after January 1, 2017, who is a military veteran with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs be entitled to a leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment for his or her military service-connected disability, as specified. The bill would provide that nothing in these provisions shall 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 that provides greater leave of absence rights to employees than the rights established under these provisions.

(2)Under existing law, a classified employee may, at his or her election, use days of leave of absence for illness or injury allowed, pursuant to specified existing law.

This bill would require a classified employee hired on or after January 1, 2017, who is a military veteran with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs be entitled to a leave of absence for illness or injury with pay of up to 12 days for the purpose of undergoing medical treatment for his or her military service-connected disability, as specified. The bill would provide that nothing in these provisions shall 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 that provides greater leave of absence rights to employees than the rights established under these provisions.

(1)Under existing law, a certificated employee may, at his or her election, use days of leave of absence for illness or injury allowed, pursuant to specified existing law.

This bill would require that a certificated employee hired on or after January 1, 2017, who is a military veteran with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs be entitled to a leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment for his or her military service-connected disability, as specified. The bill would provide that nothing in these provisions shall 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 that provides greater leave of absence rights to employees than the rights established under these provisions.

(2)Under existing law, a classified employee may, at his or her election, use days of leave of absence for illness or injury allowed, pursuant to specified existing law.

This bill would require a classified employee hired on or after January 1, 2017, who is a military veteran with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs be entitled to a leave of absence for illness or injury with pay of up to 12 days for the purpose of undergoing medical treatment for his or her military service-connected disability, as specified. The bill would provide that nothing in these provisions shall 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 that provides greater leave of absence rights to employees than the rights established under these provisions.

(1)Under existing law, a certificated employee may, at his or her election, use days of leave of absence for illness or injury allowed, pursuant to specified existing law.

This bill would require that a certificated employee hired on or after January 1,2017, January 1, 2017, who is a military veteran with a military service-connected disability rated at 30 percent 30% or more by the United States Department of Veterans Affairs be entitled to a leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment for his or her military service-connected disability, as specified. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2017, by a public school employer and an exclusive bargaining representative, these provisions shall not apply until the expiration or renewal of that collective bargaining agreement. that nothing in these provisions shall 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 that provides greater leave of absence rights to employees than the rights established under these provisions.

(2)Under existing law, a classified employee may, at his or her election, use days of leave of absence for illness or injury allowed, pursuant to specified existing law.

This bill would require a classified employee hired on or after January 1,2017, January 1, 2017, who is a military veteran with a military service-connected disability rated at 30 percent 30% or more by the United States Department of Veterans Affairs be entitled to a leave of absence for illness or injury with pay of up to 12 days for the purpose of undergoing medical treatment for his or her military service-connected disability, as specified. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2017, by a public school employer and an exclusive bargaining representative, these provisions shall not apply until the expiration or renewal of that collective bargaining agreement. that nothing in these provisions shall 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 that provides greater leave of absence rights to employees than the rights established under these provisions.

(1)Under existing law, a certificated employee may, at his or her election, use days of leave of absence for illness or injury allowed, pursuant to specified existing law.

This bill would require that a certificated employee hired on or after January 1,2017, who is a military veteran with a military service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs be entitled to a leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment for his or her military service-connected disability, as specified. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2017, by a public school employer and an exclusive bargaining representative, these provisions shall not apply until the expiration or renewal of that collective bargaining agreement.

(2)Under existing law, a classified employee may, at his or her election, use days of leave of absence for illness or injury allowed, pursuant to specified existing law.

This bill would require a classified employee hired on or after January 1,2017, who is a military veteran with a military service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs be entitled to a leave of absence for illness or injury with pay of up to 12 days for the purpose of undergoing medical treatment for his or her military service-connected disability, as specified. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2017, by a public school employer and an exclusive bargaining representative, these provisions shall not apply until the expiration or renewal of that collective bargaining agreement.

SENATE THIRD READING

STR Bill Id:SB 1180

Author:(Jackson)

As Amended Ver:April 26, 2016

Majority vote

SENATE VOTE: 37-0

SUMMARY: Provides school employees who are military veterans with service-connected disabilities paid leaves of absence for illness or injury for the purpose of undergoing medical treatment for those disabilities during their first year of employment. Specifically, this bill:

1. Provides that, in addition to any other entitlement for leave of absence for illness or injury with pay, a school employee hired on or after January 1, 2017, who is a military veteran with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs shall be entitled to leave of absence for illness or injury with pay of up to 10 days for certificated employees and up to 12 days for classified employees for the purpose of undergoing medical treatment for his or her military service-connected disability.
2. Specifies that credit for leave of absence for illness or injury shall be credited to a qualifying classified employee on the first day of employment and shall remain available for use for the following 12 months of employment.
3. Provides that a leave of absence for illness or injury that is not used during the 12-month period shall not be carried over and shall be forfeited.
4. Authorizes governing boards to require submission of satisfactory proof that a leave of absence for illness or injury is used for treatment of a military service-connected disability
5. Provides for a reduction of the leave of absence for part-time employees as follows:
   1. An employee who is employed for less than five days per week shall be entitled to a percentage of 10 days (for certificated employees) or 12 days (for classified employees) of leave equal to the percentage of days employed per week;
   2. A classified employee who is employed five days per week and less than a full fiscal year is entitled to a percentage of 12 days equal to the percentage of 12 months employed; and
   3. A classified employee who is employed less than five days per week and who is employed for less than a full fiscal year shall have his or her leave reduced in proportion to the number of days per week and months per year employed.
6. Specifies that these provisions 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 that provides greater leave of absence rights to employees than the rights established under this section.

EXISTING LAW: Provides full time certificated employees with 10 days of leave and full time classified employees with 12 days of leave for illness or injury and authorizes governing boards to allow additional days of leave. Provides that the leaves of absence shall be reduced for part time employees in proportion to the time employed.

FISCAL EFFECT: According to the Assembly Appropriations Committee: Unknown one-time Proposition 98/GF cost pressure, likely in the low hundreds of thousands of dollars, to support local education agency (LEA) costs to provide extended leave benefits to classified and certificated employees who are veterans with a military service-connected disability rated at 30% or more by Veteran Affairs (VA).

COMMENTS: This bill provides 10 days of leave for certificated employees and 12 days of leave for classified employees during their first year of employment to receive medical treatment for military service-related disabilities. This is in addition to the 10 days for certificated employees and 12 days for classified employees provided in existing law. For part time employees, the length of the additional leave would be reduced in proportion to the amount of time actually employed during the week and year.

30% disability. According to the Senate Committee on Veterans Affairs, the United States Department of Veterans Affairs (USDVA) provides direct health care treatment and monetary compensation to veterans with service-connected disabilities. A service-connected disability is an injury or disease certified by the USDVA as having occurred during active duty, or made worse by active military service. The USDVA rates disabilities to facilitate in-patient and out-patient health care and to evaluate claims for disability compensation. The extent of health care provided and the amount of disability benefit paid may vary depending on the condition's rated severity.

A veteran need not be totally disabled in order to be eligible for compensation. USDVA rates disability along a continuum of 0% - to - 100% in 10% increments, depending upon the level of disability determined. The disability percentage also can be derived by analyzing the composite condition of an individual veteran with multiple disabilities. The 10% rating is the lowest for which compensable income is awarded. A veteran with a 100% rating will have one or more disabilities that significantly interfere with normal life functions. A veteran with a 0% rating may have a service-connected condition, but the condition does not interfere with normal life functions. The majority of disabled veterans are rated between 10%-30%.

Need for the bill. According to the author's office, "many school employees accrue their sick leave slowly or face limitations on how much sick leave they can take in their first months of employment. Many veterans are returning from Iraq and Afghanistan with physical and mental health issues that require medical attention. Veterans Affairs (VA) appointments can be difficult to schedule and even harder to reschedule. A shortage of mental health specialists in the VA makes it particularly important to follow up and attend appointments as soon as they are received."

The bill is intended to provide disabled veterans who are new school employees with access to the care they may require during their first year of employment without having to take unpaid leave or worry about using up their regular allotment of sick leave.

Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087 FN: 0004130

Date of Hearing: August 3, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 1180

Author:(Jackson) – As Amended Ver:April 26, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill provides school employees, hired on or after January 1, 2017, and who are military veterans with service-connected disabilities, additional paid leave for the purpose of undergoing medical treatment for those disabilities during their first year of employment. Specifically, this bill:

1. Provides certificated employees 10 additional days of paid leave during their first year of employment to receive medical treatment for military service-related disabilities if their disability is rated 30% or more by the United States Department of Veterans Affairs (VA). This is in addition to the 10 days of paid leave authorized under existing law.
2. Provides classified employees 12 additional days of paid leave during their first year of employment to receive medical treatment for military service-related disabilities if their disability is rated 30% or more by the VA. This is in addition to the 12 days of paid leave authorized under existing law.
3. Specifies that credit for the paid leave must be provided on the first day of employment and remain available for use for 12 months of employment. If the leave is not used during the 12-month period, it cannot be carried over.
4. Authorizes governing boards to require submission of satisfactory proof that a leave of absence for illness or injury is used for treatment of a military service-connected disability
5. Provides for a reduction of the leave of absence for part-time employees in proportion to the amount of time actually employed during the week and year.
6. Specifies that these provisions may 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 that provides greater leave of absence rights to employees than the rights established under this bill.

FISCAL EFFECT:

Unknown one-time Proposition 98/GF cost pressure, likely in the low hundreds of thousands of dollars, to support local education agency (LEA) costs to provide extended leave benefits to classified and certificated employees who are veterans with a military service-connected disability rated at 30% or more by the VA.

COMMENTS:

1. Purpose. According to the author, sick leave is immediately granted to school employees once they begin a job, but many school employees face limitations on the numbers of sick days they can use. The author states this leave may not be sufficient to attend to the needs of veterans with significant service-related disabilities. For instance, classified employees can only use up to 6 days of sick leave in their first six months on the job.

This bill provides disabled veterans with a military service-connected disability rated at 30% or more by the VA, twice the amount of paid time off authorized under existing law during their first year of employment. This additional benefit will allow these veterans more time to attend medical and VA appointments to treat their service-related disabilities.

1. Non-fiscal bill. This bill is keyed non-fiscal. This committee, however, requested to hear this measure to determine any potential costs or savings associated with extending paid leave benefits to school employees.
2. Comments. The absence of data makes it difficult to determine the fiscal impact this bill will have on LEAs. According to 2014-15 data, there were 231,887 classified employees and 295,800 certificated employees in California. There is no data on the number of school employees who are veterans. It is also difficult to predict how many veterans would be hired by an LEA on or after January 1, 2017, and be eligible for additional paid leave due to a military service-connected disability rated at 30% or more.

According to CalHR, there were 147 disabled veterans hired by the state in 2014. For illustration, assuming a daily substitute rate of $120 or $15 an hour rate for classified employees, costs per employee could range from $1,200 to $1,400. If 150 school employees qualified for additional paid leave, costs would range from $180,000 to $210,000.

1. Prior related legislation. SB 221 (Jackson), Chapter 794, Statues of 2015, provided new state employees who are disabled veterans additional sick leave during their first year in the state workforce to seek treatment for their service-related disabilities.

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: June 28, 2016

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

SBPCA Bill Id:SB 1180

Author:(Jackson) – As Amended Ver:April 26, 2016

SENATE VOTE: 37-0

SUBJECT: Public school employees: military veterans: leave of absence for illness or injury

SUMMARY: Provides school employees who are military veterans with service-connected disabilities paid leaves of absence for illness or injury for the purpose of undergoing medical treatment for those disabilities during their first year of employment. Specifically, this bill:

1. Provides that, in addition to any other entitlement for leave of absence for illness or injury with pay, a school employee hired on or after January 1, 2017, who is a military veteran with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs shall be entitled to leave of absence for illness or injury with pay of up to 10 days for certificated employees and up to 12 days for classified employees for the purpose of undergoing medical treatment for his or her military service-connected disability.
2. Specifies that credit for leave of absence for illness or injury shall be credited to a qualifying classified employee on the first day of employment and shall remain available for use for the following 12 months of employment.
3. Provides that a leave of absence for illness or injury that is not used during the 12-month period shall not be carried over and shall be forfeited. 4) Authorizes governing boards to require submission of satisfactory proof that a leave of absence for illness or injury is used for treatment of a military service-connected disability
4. Provides for a reduction of the leave of absence for part-time employees as follows:
   1. An employee who is employed for less than five days per week shall be entitled to a percentage of 10 days (for certificated employees) or 12 days (for classified employees) of leave equal to the percentage of days employed per week;
   2. A classified employee who is employed five days per week and less than a full fiscal year is entitled to a percentage of 12 days equal to the percentage of 12 months employed; and
   3. A classified employee who is employed less than five days per week and who is employed for less than a full fiscal year shall have his or her leave reduced in proportion to the number of days per week and months per year employed.
5. Specifies that these provisions 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 that provides greater leave of absence rights to employees than the rights established under this section.

EXISTING LAW: Provides full time certificated employees with 10 days of leave and full time classified employees with 12 days of leave for illness or injury and authorizes governing boards to allow additional days of leave. Provides that the leaves of absence shall be reduced for part time employees in proportion to the time employed.

FISCAL EFFECT: This bill is nonfiscal.

COMMENTS:

According to the author:

Many school employees accrue their sick leave slowly or face limitations on how much sick leave they can take in their first months of employment. Many veterans are returning from Iraq and Afghanistan with physical and mental health issues that require medical attention. Veterans Affairs (VA) appointments can be difficult to schedule and even harder to reschedule. A shortage of mental health specialists in the VA makes it particularly important to follow up and attend appointments as soon as they are received.

It is not clear that this bill will solve a problem facing veterans; the material impact of this bill is speculative. Although it is the case that, as the author states, many school employees accrue sick leave slowly and face limitations on how much sick leave they can take in the first months of employment, no foundational data has been proffered for the benefit provided by this bill nor is staff aware of any. Relevant data might include: data showing that new school employee veterans are experiencing challenges attending medical appointments for service connected disabilities, data establishing the number of new school veterans with disabilities, or any data about sick leave usage for service connected disability appointments after the first year.

This bill would provide a small benefit to an unknown number of veterans in response to a potential problem. In the sense that the bill, even if speculatively, might provide a benefit to some veterans, ties the additional leave to a veteran’s significant service connected disability, supports their access to federal benefits and honors their service, the bill is aligned with existing broad policies of the state. Further, the bill is tailored to just the first year of employment during which most school employees have little to no accrued sick leave. As a concept, new veteran employees (or any school employees), if they were likely to experience sick leave challenges in getting to medical appointments, would probably be most likely to experience those challenges in the first year of employment.

However, despite the foregoing, veterans experience unique, known challenges and continue to have many well-documented, critical issues that merit the attention of policymakers. The risk is that bills that don’t arise from a more clearly known need may shift Legislative focus and bandwidth away from the known important veterans policy issues and/or generate a broad overall sense that veterans issues have been resolved.

REGISTERED SUPPORT / OPPOSITION:

Support

American G.I Forum of California

AMVETS-Department of California

California Association of County Veteran Service Officers

California School Employees Association, AFL-CIO

California Teachers Association

VFW-Department of California

Vietnam Veterans of America, California State Council

Opposition

None on file

Analysis Prepared by: John Spangler / V.A. / (916) 319-3550

Date of Hearing: June 15, 2016

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

SBPCA Bill Id:SB 1180

Author:(Jackson) – As Amended Ver:April 26, 2016

[Note: This bill is double referred to the Assembly Committee on Veterans Affairs and, if passed, will be heard by that committee as it relates to issues under its jurisdiction.]

SENATE VOTE: 37-0

SUBJECT: Public school employees: military veterans: leave of absence for illness or injury

SUMMARY: Provides school employees who are military veterans with service-connected disabilities paid leaves of absence for illness or injury for the purpose of undergoing medical treatment for those disabilities during their first year of employment. Specifically, this bill:

1. Provides that, in addition to any other entitlement for leave of absence for illness or injury with pay, a school employee hired on or after January 1, 2017, who is a military veteran with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs shall be entitled to leave of absence for illness or injury with pay of up to 10 days for certificated employees and up to 12 days for classified employees for the purpose of undergoing medical treatment for his or her military service-connected disability.
2. Specifies that credit for leave of absence for illness or injury shall be credited to a qualifying classified employee on the first day of employment and shall remain available for use for the following 12 months of employment.
3. Provides that a leave of absence for illness or injury that is not used during the 12-month period shall not be carried over and shall be forfeited.
4. Authorizes governing boards to require submission of satisfactory proof that a leave of absence for illness or injury is used for treatment of a military service-connected disability
5. Provides for a reduction of the leave of absence for part-time employees as follows:
   1. An employee who is employed for less than five days per week shall be entitled to a percentage of 10 days (for certificated employees) or 12 days (for classified employees) of leave equal to the percentage of days employed per week;
   2. A classified employee who is employed five days per week and less than a full fiscal year is entitled to a percentage of 12 days equal to the percentage of 12 months employed; and
   3. A classified employee who is employed less than five days per week and who is employed for less than a full fiscal year shall have his or her leave reduced in proportion to the number of days per week and months per year employed.
6. Specifies that these provisions 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 that provides greater leave of absence rights to employees than the rights established under this section.

EXISTING LAW: Provides full time certificated employees with 10 days of leave and full time classified employees with 12 days of leave for illness or injury and authorizes governing boards to allow additional days of leave. Provides that the leaves of absence shall be reduced for part time employees in proportion to the time employed.

FISCAL EFFECT: This bill is nonfiscal.

COMMENTS: This bill provides 10 days of leave for certificated employees and 12 days of leave for classified employees during their first year of employment to receive medical treatment for military service-related disabilities. This is in addition to the 10 days for certificated employees and 12 days for classified employees provided in existing law. For part time employees, the length of the additional leave would be reduced in proportion to the amount of time actually employed during the week and year.

30% disability. According to the Senate Committee on Veterans Affairs, the United States Department of Veterans Affairs (USDVA) provides direct health care treatment and monetary compensation to veterans with service-connected disabilities. A service-connected disability is an injury or disease certified by the USDVA as having occurred during active duty, or made worse by active military service. The USDVA rates disabilities to facilitate in-patient and out-patient health care and to evaluate claims for disability compensation. The extent of health care provided and the amount of disability benefit paid may vary depending on the condition’s rated severity.

A veteran need not be totally disabled in order to be eligible for compensation. USDVA rates disability along a continuum of 0% - to - 100% in 10% increments, depending upon the level of disability determined. The disability percentage also can be derived by analyzing the composite condition of an individual veteran with multiple disabilities. The 10% rating is the lowest for which compensable income is awarded. A veteran with a 100% rating will have one or more disabilities that significantly interfere with normal life functions. A veteran with a 0% rating may have a service-connected condition, but the condition does not interfere with normal life functions. The majority of disabled veterans are rated between 10% - 30%.

Need for the bill. According to the author’s office, “many school employees accrue their sick leave slowly or face limitations on how much sick leave they can take in their first months of employment. Many veterans are returning from Iraq and Afghanistan with physical and mental health issues that require medical attention. Veterans Affairs (VA) appointments can be difficult to schedule and even harder to reschedule. A shortage of mental health specialists in the VA makes it particularly important to follow up and attend appointments as soon as they are received.”

The bill is intended to provide disabled veterans who are new school employees with access to the care they may require during their first year of employment without having to take unpaid leave or worry about using up their regular allotment of sick leave.

REGISTERED SUPPORT / OPPOSITION:

Support

American G.I Forum of California

AMVETS-Department of California

California Association of County Veteran Service Officers

California School Employees Association, AFL-CIO

California Teachers Association

VFW-Department of California

Vietnam Veterans of America, California State Council

Opposition

None on file

Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087

 CONSENT  

Bill No: SB 1180

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 4-0, 4/12/16

AYES: Nielsen, Hueso, Allen, Roth

NO VOTE RECORDED: Nguyen

SENATE EDUCATION COMMITTEE: 9-0, 4/20/16

AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak

SUBJECT:

SOURCE: Author

DIGEST: This bill provides school employees, who are military veterans with service-connected disabilities, with additional paid leaves of absence for illness or injury, for the purpose of undergoing medical treatment for those disabilities during their first year of employment.

ANALYSIS:

Existing law:

1. Provides every certificated employee, who is employed five days a week by a school district, with 10 days of leave of absence for illness or injury and additional days that the governing board may allow for illness or injury with full pay for a year of service. Certificated employees, who are employed less than five days per week, shall be entitled to that proportion of 10 days of this leave of absence as the number of days worked per week is proportional to five days per week. The governing board of each school district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury to utilize sick leave.
2. Provides every classified employee, who is employed five days a week by a school district, with 12 days of leave of absence for illness or injury and such additional days as the governing board may allow for illness or injury with full pay for a fiscal year of service. Classified employees, who are employed less than five days per week, shall be entitled to that proportion of 12 days of this leave of absence as the number of days worked per week is proportional to five days per week. The governing board of each school district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury to utilize sick leave.

This bill:

Regarding certificated school employees:

1. Establishes eligibility for an employee who meets the following two criteria:
   1. Hired on or after January 1, 2017;
   2. Is a military veteran with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs (USDVA).
2. Provides eligible certified school employees be entitled to a leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment for the service-connected disability, as specified.
3. Provides that credit for this leave of absence for illness or injury shall be credited on the first day of employment and shall remain available for use for the following 12 months of employment.
4. Provides that leave of absence not used during the 12-month period shall not be carried over and shall be forfeited.
5. Provides that submission of satisfactory proof that use of this leave of absence is for treatment of a service-connected disability may be required pursuant to rules adopted by the governing board of a school district.
6. Provides that an eligible employee, employed less than five days per week, shall be entitled to that proportion of 10 days of this leave of absence as the number of days worked per week is proportional to five days per week.
7. Provides that nothing in the above provisions shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement that provides greater leave of absence rights to employees than the rights established under this section.

Regarding classified school employees:

1. Establishes eligibility for an employee who meets the following two criteria:
   1. Hired on or after January 1, 2017;
   2. Is a military veteran with a service-connected disability rated at 30% or more by the USDVA.
2. Provides eligible classified school employees be entitled to a leave of absence for illness or injury with pay of up to 12 days for the purpose of undergoing medical treatment for the service-connected disability, as specified.
3. Provides that credit for this leave of absence for illness or injury shall be credited on the first day of employment and shall remain available for use for the following 12 months of employment.
4. Provides that leave of absence not used during the 12-month period shall not be carried over and shall be forfeited.
5. Provides that submission of satisfactory proof that use of this leave of absence is for treatment of a service-connected disability may be required pursuant to rules adopted by the governing board of a school district.
6. Provides that a classified employee, who is employed five days a week, and who is employed for less than a full fiscal year, shall be entitled to that proportion of 12 days this leave of absence proportional as the number of months worked is proportional to 12 months.
7. Provides that nothing in the above provisions shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement that provides greater leave of absence rights to employees than the rights established under this section.

Background

School Employees. Certificated school employees are required to hold a credential from the California Commission on Teacher Credentialing. While teachers are the most common type of certificated employee, the category also includes counselors, speech therapists, school psychologists, nurses, and school site administrators.

Classified school employees are not required to hold teaching credentials. They comprise all other school district employees not specifically exempted from classified service. Classified employees typically are those who maintain institutional infrastructure and support systems (e.g., security, food services, office and clerical work, school maintenance and operations, transportation, academic assistance and para-educator services, library and media assistance, computer services), but can include individuals who oversee other classified employees (e.g., director of food services) and certain other administrators.

The distinctions between certificated and classified employees extend beyond the nature of their duties; for example, they typically have different employment, disciplinary, dismissal, and layoff rights. In addition, they are represented by different unions in collective bargaining and other advocacy activities.

Veterans with Service-Connected Disabilities. The USDVA provides direct health care treatment and monetary compensation to veterans with service-connected disabilities. A service-connected disability is an injury or disease certified by the USDVA as having occurred during active duty, or made worse by active military service. The USDVA rates disabilities to facilitate in-patient and out-patient health care and to evaluate compensation claims. The extent of health care provided and amount of disability benefit paid may vary depending on the condition’s rated severity.

A veteran need not be totally disabled in order to be eligible for compensation. USDVA rates disability along a continuum of 0%-to-100% in 10% increments, depending upon the level of disability determined. The disability percentage also can be derived by analyzing the composite condition of an individual veteran with multiple disabilities.

The 10% rating is the lowest for which compensable income is awarded. A veteran with a 100% rating will have one or more disabilities that significantly interfere with normal life functions. A veteran with a 0% rating may have a service-connected condition, but the condition does not interfere with normal life functions. The majority of disabled veterans are rated between 10% - 30%.

In general, it makes sense for a veteran to seek an initial disability evaluation, even for a condition likely to receive only a 0% rating (which is not monetarily compensable). The reason is that the veteran will have documented a service-connected health condition, which may deteriorate later into a more serious, perhaps compensable disability. In addition, individuals with a 0% rating may be eligible for federal and state veterans’ benefits other than monetary compensation.

As time passes, a veteran’s disability claim may require re-rating. Re-ratings can be initiated by administrative decisions by the USDVA, changes in law, advances in medical knowledge, or fluctuations in the veteran’s physical or mental condition. A re-rating can cause an individual’s percentage to go up or down.

Related/Prior Legislation

SB 221 (Jackson, Chapter 794, Statutes of 2015) grants a state officer or employee, who is a military veteran with a service-connected disability of 30% or more, and who is hired on or after January 1, 2016, an additional credit for sick leave with pay of up to 96 hours. This bill 1) limits use of the sick leave to medical treatment of the service-connected disability; 2) requires that the sick leave be credited on the first day of employment and remain available for use for the following 12 months of employment; 3) prohibits the sick leave from being carried over after 12 months; and 4) permits employing agencies to require “submission of satisfactory proof” that the sick leave is being used for treatment of a service-connected disability, pursuant to rules adopted by the Department of Human Resources.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 4/27/16)

California Association of County Veterans Service Officers

California School Employees Association

Veterans of Foreign Wars - Department of California

Vietnam Veterans of American - California State Council

OPPOSITION: (Verified 4/27/16)

None received

Prepared by:

4/27/16 15:57:24

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SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: SB 1180

Subject: Public school employees: military veterans: leave of absence for illness or injury

SUMMARY

This bill provides school employees who are military veterans with service-connected disabilities with additional paid leaves of absence for illness or injury, for the purpose of undergoing medical treatment for those disabilities during their first year of employment.

BACKGROUND

Existing law:

1. Provides every certificated employee that is employed five days a week by a school district with 10 days of leave of absence for illness or injury and additional days that the governing board may allow for illness or injury with full pay for a year of service. Certificated employees that are employed less than five days per week shall be entitled to that proportion of 10 days of this leave of absence as the number of days worked per week is proportional to five days per week. The governing board of each school district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury to utilize sick leave. (Education Code § 44978)
2. Provides every classified employee that is employed five days a week by a school district with 12 days of leave of absence for illness or injury and such additional days as the governing board may allow for illness or injury with full pay for a fiscal year of service. Classified employees that are employed less than five days per week shall be entitled to that proportion of 12 days of this leave of absence as the number of days worked per week is proportional to five days per week. The governing board of each school district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury to utilize sick leave. (Education Code § 45191)

ANALYSIS

This bill:

1. Provides school employees, who are military veterans with service-connected disabilities rated at 30 percent or higher, with leaves of absence for illness or injury, with pay and in addition to any other entitlement for leave of absence for illness or injury, for the purpose of undergoing medical treatment for those disabilities, as follows:
   1. Up to 10 days for certificated employees, as specified.
   2. Up to 12 days for classified employees, as specified.
2. Regarding certificated school employees:
   1. Establishes eligibility for an employee who is hired on or after January 1, 2017 and is a military veteran with a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs (USDVA).
   2. Provides that certificated school employees be entitled to a leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment for the service-connected disability, as specified.
   3. Provides that credit for this leave of absence for illness or injury shall be credited on the first day of employment and shall remain available for use for the following 12 months of employment.
   4. Provides that leave of absence not used during the 12-month period shall not be carried over and shall be forfeited.
   5. Provides that submission of satisfactory proof that use of this leave of absence is for treatment of a service-connected disability may be required pursuant to rules adopted by the governing board of a school district.
   6. Provides that an eligible employee, employed less than five days per week, shall be entitled to that proportion of 10 days of this leave of absence as the number of days worked per week is proportional to five days per week.
   7. Provides that, to the extent that this section conflicts with a provision of a collective bargaining agreement entered into before January 1, 2017, this section shall not apply until expiration or renewal of that collective bargaining agreement.
3. Regarding classified school employees, establishes eligibility for an employee who is hired on or after January 1, 2017 and is a military veteran with a service-connected disability rated at 30 percent or more by the USDVA.
   1. Provides that classified school employees are entitled to a leave of absence for illness or injury with pay of up to 12 days for the purpose of undergoing medical treatment for the service-connected disability, as specified.
   2. Provides that credit for this leave of absence for illness or injury shall be credited on the first day of employment and shall remain available for use for the following 12 months of employment.
   3. Provides that leave of absence not used during the 12-month period shall not be carried over and shall be forfeited.
   4. Provides that submission of satisfactory proof that use of this leave of absence is for treatment of a service-connected disability may be required pursuant to rules adopted by the governing board of a school district.
   5. Provides that a classified employee, who is employed five days a week, and who is employed for less than a full fiscal year, shall be entitled to that proportion of 12 days this leave of absence proportional as the number of months worked is proportional to 12 months.
   6. Provides that, to the extent that this section conflicts with a provision of a collective bargaining agreement entered into before January 1, 2017, this section shall not apply until expiration or renewal of that collective bargaining agreement.

STAFF COMMENTS

1. Need for the bill. According to the author’s office, “many school employees accrue their sick leave slowly or face limitations on how much sick leave they can take in their first months of employment. Many veterans are returning from Iraq and Afghanistan with physical and mental health issues that require medical attention. Veterans Affairs (VA) appointments can be difficult to schedule and even harder to reschedule. A shortage of mental health specialists in the VA makes it particularly important to follow up and attend appointments as soon as they are received.”

The bill is intended to provide disabled veterans who are new school employees with access to the care they may require during their first year of employment without having to take unpaid leave or worry about using up their regular allotment of sick leave.

1. Veterans with service-connected disabilities. The Senate Committee on Veterans Affairs indicates that the United States Department of Veterans Affairs (USDVA) provides direct health care treatment and monetary compensation to veterans with service-connected disabilities. A service-connected disability is an injury or disease certified by the USDVA as having occurred during active duty, or made worse by active military service. The USDVA rates disabilities to facilitate in-patient and out-patient health care and to evaluate claims for disability compensation. The extent of health care provided and the amount of disability benefit paid may vary depending on the condition’s rated severity.

A veteran need not be totally disabled in order to be eligible for compensation. USDVA rates disability along a continuum of 0% - to - 100% in 10% increments, depending upon the level of disability determined. The disability percentage also can be derived by analyzing the composite condition of an individual veteran with multiple disabilities. The 10% rating is the lowest for which compensable income is awarded. A veteran with a 100% rating will have one or more disabilities that significantly interfere with normal life functions. A veteran with a 0% rating may have a service-connected condition, but the condition does not interfere with normal life functions. The majority of disabled veterans are rated between 10% - 30%.

In general, it makes sense for a veteran to seek an initial disability evaluation, even for a condition likely to receive only a 0% rating (which is not monetarily compensable). The reason is that the veteran, at a minimum, will have documented a service-connected health condition, which may deteriorate later into a more serious, perhaps compensable disability. In addition, individuals with a 0% rating may be eligible for federal and state veterans’ benefits other than monetary compensation. As time passes, a veteran’s disability claim may require re-ratings. The re-ratings can be initiated by administrative decisions by the United States Department of Veterans Affairs, changes in law, advances in medical knowledge, or fluctuations in the veteran’s physical or mental condition. A re-rating can cause an individual’s percentage to go up or down.

1. Collective bargaining agreements. The bill currently requires that to the extent that its provisions conflict with a collective bargaining agreement entered into before January 1, 2017, they shall not apply until expiration or renewal of that collective bargaining agreement. To enable new school employees to benefit from the bill’s provisions immediately after its implementation date, staff recommends, at the author’s request, that the bill be amended to specify that nothing in the bill prohibits a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative that provides greater sick leave than the sick leave established by this section.

SUPPORT

California Association of County Veteran Service Officers

California School Employees Association

VFW Department of California

Vietnam Veterans of American, California State Council

OPPOSITION

None received.

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SENATE COMMITTEE ON VETERANS AFFAIRS

Senator Jim Nielsen, Chair

2015 - 2016 Regular

Bill No: SB 1180 Hearing Date: 4/12/16

Subject: Public school employees: military veterans: leave of absence for illness or injury

DESCRIPTION

Summary:

Provides for school employees – who are military veterans with service-connected disabilities rated at 30 percent or higher – leaves of absence for illness or injury, with pay, for the purpose of undergoing medical treatment for those disabilities, as follows:

1. Up to 10 days for certificated employees, as specified.
2. Up to 12 days for classified employees, as specified.

Existing law:

1. Provides that certificated employees may use days of leave of absence for illness or injury, as specified.
2. Provides that classified employees may use days of leave of absence for illness or injury, as specified.

This bill:

1. Regarding certificated school employees:
   1. Establishes eligibility for an employee who meets the following two criteria:
      1. Hired on or after January 1, 2017;
      2. Is a military veteran with a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs (USDVA or “VA”).
   2. Be entitled to a leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment for the service-connected disability, as specified.
   3. Provides that credit for this leave of absence for illness or injury shall be credited on the first day of employment and shall remain available for use for the following 12 months of employment.
   4. Provides that leave of absence not used during the 12-month period shall not be carried over and shall be forfeited.
   5. Provides that submission of satisfactory proof that use of this leave of absence is for treatment of a service-connected disability may be required pursuant to rules adopted by the governing board of a school district.
   6. Provides that an eligible employee, employed less than five days per week, shall be entitled to that proportion of 10 days of this leave of absence as the number of days worked per week is proportional to five days per week.
   7. Provides that, to the extent that this section conflicts with a provision of a collective bargaining agreement entered into before January 1, 2017, this section shall not apply until expiration or renewal of that collective bargaining agreement.
2. Regarding classified school employees:
   1. Establishes eligibility for an employee who meets the following two criteria:
      1. Hired on or after January 1, 2017;
      2. Is a military veteran with a service-connected disability rated at 30 percent or more by the USDVA.
   2. Be entitled to a leave of absence for illness or injury with pay of up to 12 days for the purpose of undergoing medical treatment for the service-connected disability, as specified.
   3. Provides that credit for this leave of absence for illness or injury shall be credited on the first day of employment and shall remain available for use for the following 12 months of employment.
   4. Provides that leave of absence not used during the 12-month period shall not be carried over and shall be forfeited.
   5. Provides that submission of satisfactory proof that use of this leave of absence is for treatment of a service-connected disability may be required pursuant to rules adopted by the governing board of a school district.
   6. Provides that a classified employee, who is employed five days a week, and who is employed for less than a full fiscal year, shall be entitled to that proportion of 12 days this leave of absence proportional as the number of months worked is proportional to 12 months.
   7. Provides that, to the extent that this section conflicts with a provision of a collective bargaining agreement entered into before January 1, 2017, this section shall not apply until expiration or renewal of that collective bargaining agreement.

BACKGROUND

School Employees

There are two basic classifications of public school employees – certificated and classified. Certificated employees are required to hold a credential from the California Commission on Teacher Credentialing. While teachers are the most common type of certificated employee, the category also includes counselors, speech therapists, school psychologists, nurses, and school site administrators.

Classified employees are not required to hold teaching credentials. They comprise all other school district employees not specifically exempted from classified service. Classified employees typically are those who maintain institutional infrastructure and support systems (e.g., security, food services, office and clerical work, school maintenance and operations, transportation, academic assistance and para-educator services, library and media assistance, computer services), but can include individuals who oversee other classified employees (e.g., director of food services) and certain other administrators.

The distinctions between certificated and classified employees extend beyond the nature of their duties; for example, they typically have different employment, disciplinary, dismissal, and layoff rights. In addition, they are represented by different unions in collective bargaining and other advocacy activities.

Veterans with Service-Connected Disabilities

USDVA provides direct health care treatment and monetary compensation to veterans with service-connected disabilities. A service-connected disability is an injury or disease certified by the USDVA as having occurred during active duty, or made worse by active military service.

The USDVA rates disabilities to facilitate in-patient and out-patient health care and to evaluate claims for disability compensation. The extent of health care provided and the amount of disability benefit paid may vary depending on the condition’s rated severity.

A veteran need not be totally disabled in order to be eligible for compensation. USDVA rates disability along a continuum of 0%-to-100% in 10% increments, depending upon the level of disability determined. The disability percentage also can be derived by analyzing the composite condition of an individual veteran with multiple disabilities.

The 10% rating is the lowest for which compensable income is awarded. A veteran with a 100% rating will have one or more disabilities that significantly interfere with normal life functions. A veteran with a 0% rating may have a service-connected condition, but the condition does not interfere with normal life functions. The majority of disabled veterans are rated between 10% - 30%.

In general, it makes sense for a veteran to seek an initial disability evaluation, even for a condition likely to receive only a 0% rating (which is not monetarily compensable). The reason is that the veteran, at a minimum, will have documented a service-connected health condition, which may deteriorate later into a more serious, perhaps compensable disability. In addition, individuals with a 0% rating may be eligible for federal and state veterans’ benefits other than monetary compensation.

As time passes, a veteran’s disability claim may require re-ratings. The re-ratings can be initiated by administrative decisions by the USDVA, changes in law, advances in medical knowledge, or fluctuations in the veteran’s physical or mental condition. A re-rating can cause an individual’s percentage to go up or down.

COMMENT

Author Comments:

“Many school employees accrue their sick leave slowly, or face limitations on how much sick leave they can take in their first months of employment as they transition to a new job. This can be particularly challenging for veterans facing service-related disabilities.

“Many veterans are returning from Iraq and Afghanistan with physical and mental health issues that require additional medical attention. Indeed, veterans who served in Iraq and Afghanistan often faced multiple deployments, and have returned with injuries that would have been fatal in earlier wars.

“Employers are best served when disabled veterans who are employees are getting the care they need. VA appointments can be difficult to schedule and even harder to reschedule. A shortage of mental health specialists in the VA makes it particularly important to follow up and attend appointments as soon as they are received.

“Professionals working within the VA system frequently have medical expertise on issues such as PTSD and traumatic brain injury that can be lacking in civilian medical settings. Veterans can receive significant benefit from treatment and medical care from professionals and peers who understand the unique context of their disabilities.”

Related/Prior Legislation:

SB 221 (Jackson, Chapter 794, Statutes of 2015) grants a state officer or employee, who is a military veteran with a service-connected disability rated at 30% or more by USDVA, and who is hired on or after January 1, 2016, an additional credit for sick leave with pay of up to 96 hours. This bill a) limits use of this sick leave to medical treatment of the employee’s military service-connected disability; b) requires that this sick leave be credited on the first day of employment and remain available for use for the following 12 months of employment; 3) prohibits this sick leave from being carried over after 12 months; and 4) permits employing agencies to require “submission of satisfactory proof” that the sick leave is being used for treatment of a service-connected disability, pursuant to rules adopted by the Department of Human Resources.

POSITIONS

Sponsor: Author

Support:

California Association of County Veterans Service Officers

California School Employees Association

Veterans of Foreign Wars - Department of California

Vietnam Veterans of American - California State Council

Oppose: None received

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