(1)Existing law requires 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 to 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.

This bill would expand these requirements to include a certificated employee who is a former active duty member of the Armed Forces of the United States or a former or current member of the California National Guard or a federal reserve component, who was hired on or after, or employed on or after, January 1, 2017, with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the active duty recently completed.

The bill would require credit for leave of absence under this provision to be credited to a qualifying certificated employee on the effective date of the employees disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying certificated employee begins, or returns to, employment after active duty, whichever is later, except under specified circumstances when provisions authorizing alternative leave arrangements would be applicable.

(2)Existing law requires 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 to 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.

This bill would expand these requirements to include a classified employee who is a former active duty member of the Armed Forces of the United States or a former or current member of the California National Guard or a federal reserve component, who was hired on or after, or employed on or after, January 1, 2017, with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the active duty recently completed.

The bill would require credit for leave of absence under this provision to be credited to a qualifying classified employee on the effective date of the employees disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying classified employee begins, or returns to, employment after active duty, whichever is later, except under specified circumstances when provisions authorizing alternative leave arrangements would be applicable.

(1)Existing law requires 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 to 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.

This bill would expand these requirements to include a certificated employee who is a former active duty member of the Armed Forces of the United States or a former or current member of the California National Guard or a federal reserve component, who was hired on or after, or employed on or after, January 1, 2017, with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the active duty recently completed.

The bill would require credit for leave of absence under this provision to be credited to a qualifying certificated employee on the effective date of the employees disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying certificated employee begins, or returns to, employment after active duty, whichever is later, except under specified circumstances when provisions authorizing alternative leave arrangements would be applicable.

(2)Existing law requires 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 to 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.

This bill would expand these requirements to include a classified employee who is a former active duty member of the Armed Forces of the United States or a former or current member of the California National Guard or a federal reserve component, who was hired on or after, or employed on or after, January 1, 2017, with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the active duty recently completed.

The bill would require credit for leave of absence under this provision to be credited to a qualifying classified employee on the effective date of the employees disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying classified employee begins, or returns to, employment after active duty, whichever is later, except under specified circumstances when provisions authorizing alternative leave arrangements would be applicable.

(1)Existing law requires 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 to 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.

This bill would expand these requirements to include a certificated employee who is a former or current active duty member of the Armed Forces of the United States, including States or a former or current member of the California National Guard or a federal reserve component, who was hired on or after, or employed on or after, January 1, 2017, with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the active duty recently completed.

The bill would require credit for leave of absence under this provision to be credited to a qualifying certificated employee on the effective date of the employees disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying certificated employee begins, or returns to, employment after active duty, whichever is later, except under specified circumstances when provisions authorizing alternative leave arrangements would be applicable.

(2)Existing law requires 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 to 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.

This bill would expand these requirements to include a classified employee who is a former or current active duty member of the Armed Forces of the United States, including States or a former or current member of the California National Guard or a federal reserve component, who was hired on or after, or employed on or after, January 1, 2017, with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the active duty recently completed.

The bill would require credit for leave of absence under this provision to be credited to a qualifying classified employee on the effective date of the employees disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying classified employee begins, or returns to, employment after active duty, whichever is later, except under specified circumstances when provisions authorizing alternative leave arrangements would be applicable.

(1)Existing law requires 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 to 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.

This bill would expand these requirements to include a certificated employee who is a member or veteran of the California National Guard or reserve component of the federal military returning from a federal mobilization former or current member of the Armed Forces of the United States, including a former or current member of the California National Guard or a federal reserve component, who was hired on or after, or employed on or after, January 1, 2017, with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the active duty recently completed.

The bill would require credit for leave of absence under this provision to be credited to a qualifying certificated employee on the effective date of the employees disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying certificated employee begins, or returns to, employment after active duty, whichever is later, except under specified circumstances when provisions authorizing alternative leave arrangements would be applicable.

(2)Existing law requires 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 to 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.

This bill would expand these requirements to include a classified employee who is a member or veteran of the California National Guard or reserve component of the federal military returning from a federal mobilization former or current member of the Armed Forces of the United States, including a former or current member of the California National Guard or a federal reserve component, who was hired on or after, or employed on or after, January 1, 2017, with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the active duty recently completed.

Existing law requires 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 to 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.

This bill would expand these requirements to include a certificated employee who is a member or military veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the federal active duty recently completed.

Existing law requires 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 to 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.

This bill would expand these requirements to include a classified employee who is a member or military veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the federal active duty recently completed.

Existing law requires 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 to 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.

This bill would expand these requirements to include a certificated employee who is a member or military veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the federal active duty recently completed.

Existing law requires 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 to 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.

This bill would expand these requirements to include a classified employee who is a member or military veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the federal active duty recently completed.

Existing law requires 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.

This bill would expand these requirements to include a certificated employee who is a member or military veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the federal active duty recently completed.

Existing law requires 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.

This bill would expand these requirements to include a classified employee who is a member or military veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the federal active duty recently completed.

 UNFINISHED BUSINESS  

Bill No: SB 731

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 7-0, 3/28/17

AYES: Newman, Nielsen, Dodd, Hueso, Nguyen, Roth, Wilk

SENATE EDUCATION COMMITTEE: 7-0, 4/26/17

AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak

SENATE FLOOR: 38-0, 5/8/17 (Consent)

AYES: Allen, Anderson, Atkins, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Bates, Lara

ASSEMBLY FLOOR: 79-0, 9/13/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill grants to current classified and certificated school employees – who are former active duty members of the United States Armed Forces or who are former or current members of the National Guard or a federal military reserve component, and who have a qualifying service-connected disability – additional, pre-banked paid leave to undergo medical treatment for their service-connected disabilities.

Assembly Amendments

expand the universe of covered school employees. Originally this measure extended the existing “disabled veterans sick leave” to current school employees who concurrently serve as National Guard members and federal reservists. The amended bill – in addition to covering Guard and reserve –now includes all school employees who are former active duty members of the U.S. Armed Forces.

ANALYSIS:

Existing law:

1. Provides certificated and classified school employees hired on or after January 1, 2017 – who are military veterans with service-connected disabilities – with additional paid leave of absence for illness or injury, for the purpose of undergoing medical treatment for those disabilities during their first year of employment.
2. 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.
3. 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.

This bill grants to current classified and certificated school employees – who are former active duty members of the U.S. Armed Forces or who are former or current members of the National Guard or a federal military reserve component, and who have a qualifying service-connected disability – additional, pre-banked paid leave to undergo medical treatment, including mental health treatment, for their service-connected disabilities. Specifically, this bill:

1. States that to be eligible, a classified or certificated employee must:
   1. Have been hired after January 1, 2017,
   2. Be one of the following:
      1. A former active duty member of the U.S. Armed Forces with a qualifying service-connected condition; or
      2. A former or current member of the National Guard or a federal military reserve component with a qualifying service-connected condition.
   3. Have a service-connected disability rated at 30 percent or higher by the United States Department of Veterans Affairs (USDVA).
2. Requires that such employees be entitled to leave of absence for illness or injury with pay of up to 12 days for certificated or 10 days for non-certificated employees for the purpose of undergoing medical treatment for the service-connected disability.
3. States that credit for leave of absence for illness or injury shall remain available for use for the next 12 months of employment following one of the following two benefit window start dates, as specified below:
   1. If the employee already has a qualifying USDVA rating, the benefit start date is as early as the first day of school employment.
   2. If the qualifying rating is awarded by the USDVA after the employee begins or returns to school employment, then the benefit start date is as follows:
      1. Initial start date for the 12-month benefit window is when the employee receives confirmation from the USDVA that the employee’s application for a service-connected disability rating has been received by USDVA.
      2. Once the employee receives a decision from the USDVA, the employee must inform the school employer, and:
         1. If USDVA awards a qualifying 30% or higher rating, then the employee continues to exercise the benefit for the remainder of the 12-month period that began with proof of application submission.
         2. If USDVA does not award a qualifying rating, then the school employer may change the leave consumed prior to the USDVA decision to a different employee leave balance.
4. Contains other clarifying and implementing provisions.

Background

Federal veterans benefits. USDVA provides health care treatment and monetary compensation to veterans with recognized service-connected disabilities.

1. Health care: USDVA’s Veterans Health Administration operates the nation’s largest integrated health care system, serving 8.76 million veterans each year at over 1,700 sites of care, many located in California.
2. Disability compensation: USDVA’s Veterans Benefits Administration provides disability compensation as a tax-free monetary benefit to veterans rated with disabilities incurred or aggravated during active military service.

The USDVA rates disabilities to facilitate health care and compensation claims for injuries or diseases that happened during active duty, or were made worse by active service. The amount of disability compensation benefit paid and the level of health care eligibility vary depend on the rated severity of the conditions.

USDVA rates each service-connected condition along a continuum of 0% to 100% in 10% increments depending upon the level of disability determined. For veterans who have more than once service-connected condition, the overall disability percentage is derived through a proprietary formula that combines the ratings assigned to individual conditions.

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%.

As time passes, a veteran may be re-rated. Re-ratings can be triggered by changes in law, advances in medical knowledge, or fluctuations in the veteran’s physical or mental health. A re-rating can cause an individual’s percentage to go up or down.

Related/Prior Legislation

SB 1180 (Jackson, Chapter 728, Statutes of 2016) provided newly hired school employees, who are military veterans with pre-existing 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. The additional leave must be used within the first 12 months

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

According to the Assembly Appropriations Committee:

Unknown state costs associated with the additional leave granted to existing employees. Actual costs will depend on the number of employees who are members of the National Guard or federal military reserve who are eligible for the expanded leave, and their utilization of the additional days.

These costs are likely minor. However, for example, in a case of a mass deployment of reserve forces, costs will be higher. While there is no reliable data on the number of active reserve members currently employed by school districts, there are approximately 57,000 reserve military members in California. If their employment choices reflect broader sector and industry employment trends, then approximately 3,420 of these individuals work in local government education-related positions. If 5% return to employment with an eligible service-connected disability following a mass deployment event and they earn the average state employee wage ($6,163 a month), then costs would be approximately $500,000 across the state in paid leave time, assuming the full allotment of additional leave time was used.

SUPPORT: (Verified 9/12/17)

American G.I. Forum of California

AMVETS - Department of California

California Association of County Veterans Service Officers

California School Employees Association (CSEA)

Military Officers Association of America - California Council of Chapters

OPPOSITION: (Verified 9/12/17)

None received

ASSEMBLY FLOOR: 79-0, 9/13/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

Prepared by:

9/14/17 10:06:23

**** END ****

SENATE THIRD READING

STR Bill Id:

Author:(Newman and Jackson)

As Amended Ver:

Majority vote

SENATE VOTE: 38-0

SUMMARY: This bill grants to current classified and certificated school employees who are military veterans or current military members with qualifying military service-connected disability, as specified, additional paid leave to undergo medical treatment for service-connected disability. Specifically, this bill:

1. Expands existing provisions granting 10 and 12 days, respectively, of additional leave to new classified and certificated school employees who are military veterans with a 30% or greater military service-connected disability rating from the United States Department of Veterans Affairs (USDVA), for the purpose of treating that service-connected disability, to qualifying certificated and classified school employees who were hired or employed on or after January 1, 2017.
2. Expands qualifying military status to include current and former members of the California National Guard (CNG) and federal reserve components.
3. Specifies that the additional leave granted under this bill shall be credited from the date of the employee's disability rating decision by the USDVA, or on the first day the qualifying certificated or classified employee returns to employment after active duty, whichever is later, and shall remain available for use for the following 12 months of employment.
4. Contains other clarifying and qualifying provisions.

EXISTING LAW:

1. Provides certificated and classified school employees hired on or after January 1, 2017 who are military veterans with service-connected disabilities with additional paid leave of absence for illness or injury, for the purpose of undergoing medical treatment for those disabilities during their first year of employment. (Education Code (EC) Section 44978.2 and 45191.5)
2. 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. (EC Section 44978)
3. 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. (EC Section 45191)

FISCAL EFFECT: According to the Assembly Appropriations Committee:

Unknown state costs associated with the additional leave granted to existing employees. Actual costs will depend on the number of employees who are members of the National Guard or federal military reserve who are eligible for the expanded leave, and their utilization of the additional days.

These costs are likely minor. However, for example, in a case of a mass deployment of reserve forces, costs will be higher. While there is no reliable data on the number of active reserve members currently employed by school districts, there are approximately 57,000 reserve military members in California. If their employment choices reflect broader sector and industry employment trends, then approximately 3,420 of these individuals work in local government education-related positions. If 5% return to employment with an eligible service-connected disability following a mass deployment event and they earn the average state employee wage ($6,163 a month), then costs would be approximately $500,000 across the state in paid leave time, assuming the full allotment of additional leave time was used.

Analysis Prepared by: Christian Burkin / V.A. / (916) 319-3550 FN: 0001873

Date of Hearing: August 23, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 731

Author:(Newman) – As Amended Ver:July 17, 2017

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

SUMMARY:

This bill expands existing law that applies to new school employees who are military veterans, to include certificated and classified employees who are former or current members of the Armed Forces of the United States, including the California National Guard or a reserve component of the federal military, with a disability rating of 30% or more, in the provisions granting additional days (10 days for certificated, 12 days for classified) of paid leaves of absence to undergo medical treatment, including mental health treatment for his or her service-connected disability.

FISCAL EFFECT:

Unknown state costs associated with the additional leave granted to existing employees. Actual costs will depend on the number of employees who are members of the National Guard or federal military reserve who are eligible for the expanded leave, and their utilization of the additional days.

These costs are likely minor. However, for example, in a case of a mass deployment of reserve forces, costs will be higher. While there is no reliable data on the number of active reserve members currently employed by school districts, there are approximately 57,000 reserve military members in California. If their employment choices reflect broader sector and industry employment trends, then approximately 3,420 of these individuals work in local government education related positions. If 5% return to employment with an eligible service-connected disability following a mass deployment event and they earn the average state employee wage ($6,163 a month), then costs would be approximately $500,000 across the state in paid leave time, assuming the full allotment of additional leave time was used. (GF/Prop 98).

COMMENTS:

1. Background. SB 1180 (Jackson), Chapter 728, Statutes of 2016, provides newly hired school employees who are military veterans with service-connected disabilities rated at 30% or more, paid leaves of absence for up to either 10 or 12 days, for the purpose of undergoing medical treatment for those disabilities. SB 1180 addressed new hires who are veterans, but did not take into account existing employees who are former or current members of the Armed Forces or federally recognized military reserve components, who may incur injuries leading to a service-related disability while mobilized onto active federal military duty.
2. Purpose. This bill expands the existing SB 1180 sick leave provisions to include current school employees who are former or current member of the Armed Forces, including a former or current member of the California National Guard or a federal reserve component—both classified and certificated. The bill applies similiar time limits and accountability measures that were enacted in SB 1180.
3. Related Legislation. SB 728 (Newman) provides a qualifying state officer or employee who serves as a member of the National Guard or federal military reserve force additional credit for sick leave with pay of up to 96 hours. This additional sick leave is granted to those who are called up to active military service and as a result sustain a military service-connected disability of 30% or more; these leave hours are available for the purpose of undergoing medical treatment for his or her disability. SB 728 is also being heard today in this committee.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: July 12, 2017

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

SBPCA Bill Id:SB 731

Author:(Newman) – As Amended Ver:July 5, 2017

[This bill was double referred from the Veterans Affairs Committee and was heard by that committee as it relates to their jurisdiction.]

SENATE VOTE: 38-0

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

SUMMARY: Grants certificated employees who are a member or veteran of the California National Guard or reserve component of the federal military with a disability rating of 30% or more, 10 days of paid leaves of absence to undergo medical treatment; and, grants classified employees who are a member or veteran of the California National Guard or reserve component of the federal military with a disability rating of 30% or more, 12 days of paid leaves of absence to undergo medical treatment. Specifically, this bill:

1. Requires a certificated employee who is a member or veteran of the California National Guard or reserve component of the federal military returning from a federal mobilization with a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs that was incurred during the active duty recently completed, be entitled to leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability.
2. Requires a classified employee who is a member or veteran of the California National Guard or reserve component of the federal military returning from a federal mobilization with a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs that was incurred during the active duty recently completed,  shall be entitled to leave of absence for illness or injury with pay of up to 12 days for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability.
3. Specifies that credit for leave of absence for illness or injury granted shall be credited to a qualifying certificated or classified employee on the effective date of the employee's disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying certificated or classified employee returns to employment after active duty, whichever is later, and shall remain available for use for the following 12 months of employment.

EXISTING LAW:

1. Provides certificated and classified school employees hired on or after January 1, 2017 who are military veterans with service-connected disabilities with additional paid leave of absence for illness or injury, for the purpose of undergoing medical treatment for those disabilities during their first year of employment. (Education Code 44978.2 and 45191.5)
2. Provides a 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)
3. Provides a 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)

FISCAL EFFECT: This bill is keyed non-fiscal.

COMMENTS: This bill grants existing school employees who are a member or veteran of the California National Guard or reserve component of the federal military with a disability rating of 30% or more, paid leave to undergo medical treatment (10 days for certificated and 12 days for classified) during the 12 months after the disability rating has been determined.

According to the author, in 2016 the Legislature enacted SB 1180 (Jackson). That law provides newly hired school employees, who also 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. SB 1180’s language overlooked a special subset of the veteran population – current school employees who also serve part-time as National Guard members or federal reservists and who acquire disabilities during subsequent military mobilizations and then return to school employment with those service-connected disabilities.

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%. The committee should consider whether the benefits of this bill should be extended to all disabled veterans, regardless of their disability rating, especially in light of the fact that a majority of disabled veterans will be excluded from this leave policy.

Recent Deployment. This bill specifies that a disabled National Guard member or Reserve member may only qualify for this medical leave if their injury was incurred during their recent deployment. Under existing law, there is no similar requirement for new employees who are disabled to have incurred the injury on a recent deployment. As such, new employees with long standing military related disabilities would receive this additional medical leave, while existing employees with long standing military related disabilities would not receive this benefit. The committee should consider whether to extend the benefits of this bill to disabled members of the National Guard or Reserve regardless of when the disability was incurred. Additionally, the committee should consider whether to extend the benefits of this bill to all disabled former or current members of the US Armed Forces, as some groups of military personnel are not classified as veterans despite their active participation in the military.

Returning to the Classroom after an Injury. This bill specifies that the additional medical leave is available for the 12 months after the disability rating is received or when the employee returns to work, whichever is later. While the intent of this amendment was to accommodate the long wait times at the Department of Veterans Affairs in processing paperwork for disability ratings, it potentially creates a group of employees that won't have access to the medical leave while they are undergoing treatment at the beginning of their return to work, but before they receive their disability rating. The committee should consider also authorizing disabled current or former service members to receive this medical leave upon the submission of their disability application to the Department of Veterans Affairs. If the employee later receives their disability rating and it is below 30%, and they do not qualify for this medical leave, the employer would be authorized to move the used leave credits to alternative leave balances.

Related Legislation: SB 1180 (Jackson), Chapter 728, Statutes of 2016, provides newly hired 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.

Committee Amendments:

1. To correct a drafting error, amend the bill as follows: "Credit for leave of absence for illness or injury granted under this subdivision shall be credited to a qualifying certificated employee on the effective date of the employee’s disability rating decision from the United States Department of Veterans Affairs or on the first day the qualifying employee begins, or returns to, employment after active duty, whichever is later, and shall remain available for use for the following 12 months of employment."
2. To clarify which types of military personnel are included in the bill, amend the bill to include all current and former members of the US Armed Forces, California National Guard or federal reserve components.
3. To give an employee access to medical leave while they are undergoing treatment at the beginning of their return to work, but before they receive their disability rating, amend the bill to authorize disabled current or former service members to receive this medical leave upon the submission of their disability application to the Department of Veterans Affairs. If the employee later receives their disability rating and they do not qualify for this medical leave, the employer would be authorized to move the used leave credits to alternative leave balances.

REGISTERED SUPPORT / OPPOSITION:

Support

American G.I Forum of California

AMVETS-Department of California

California Association of County Veterans Service Officers

California School Employees Association

Military Officers Association of America, California Council of Chapters

Opposition

None on file.

Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087

Date of Hearing: June 27, 2017

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

SBPCA Bill Id:SB 731

Author:(Newman) – As Amended Ver:May 3, 2017

SENATE VOTE: 38-0

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

SUMMARY: Provides school employees who are veterans of the California National Guard or reserve component of the military returning from a period of active duty with additional paid leave of absence for illness or injury, for the purpose of undergoing medical treatment for a service-connected disability, as specified. Specifically, this bill:

1. Creates two new categories of employees eligible for a special medical leave of absence category, certificated and non-certificated public school employees who are or were members of the National Guard or Reserves.
2. States that to be eligible, the employees in either category must:
   1. Have been hired after January 1, 2017,
   2. Have a military service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs,
   3. Be a veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization,
   4. Specifies that the service-connected disability must have been incurred during the federal active duty recently completed,
3. Requires that such employees be entitled to leave of absence for illness or injury with pay of up to 12 days for certificated or 10 days for non-certificated employees for the purpose of undergoing medical treatment for the service-connected disability.
4. States that credit for leave of absence for illness or injury shall be granted on the first day of employment, or on the first day the qualifying employee returns to employment after federal active duty, and shall remain available for use for the following 12 months of employment.
5. States that unused leave of this category shall not be carried longer than 12 months.
6. Contains other clarifying and implementing provisions.

EXISTING LAW:

1) Provides certificated and classified school employees hired on or after January 1, 2017 who are military veterans with service-connected disabilities with additional paid leave of absence for illness or injury, for the purpose of undergoing medical treatment for those disabilities during their first year of employment. (Education Code § 44978.2 and 45191.5)

2) 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. (EC § 44978)

3) 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. (EC § 45191)

FISCAL EFFECT: This bill is not keyed fiscal.

COMMENTS:

According to the author:

Existing law, enacted by SB 1180 of 2016 by Senator Jackson, provides new school employees who are military veterans with service-connected disabilities with additional paid leave of absence for illness or injury, for the special purpose of undergoing medical treatment. SB 1180 addresses only new hires, and does not take into account the needs of current school employees who also serve as members of federally recognized military reserve components, such as the National Guard or federal military reserves. While new hires can receive their benefits of SB 1180, existing employees who may incur injuries leading to a service-related disability while mobilized onto active federal military duty, may have no means of taking leave to seek appropriate, treatment for those disabilities.

This bill would expand the existing SB 1180 sick leave provisions to include current school employees who also serve as members of federally recognized military reserve components, such as the National Guard or federal military reserves—both classified and certificated. The bill also applies the same time limits and accountability measures that were enacted in SB 1180.

Policy questions for members:

(1) Will this category of leave, as restricted, be usable by its intended recipients?

Although the backlog for decisions on disability claims has been reduced, veterans typically do not get a timely disability rating from VA and, more often than not, claims take many months or longer from their filing date, (not taking into consideration appeals), thus there may not be many people who can take advantage of the new category of leave. The most recent data from the Oakland VA Regional Office is that rating claims takes an average of 142 days, or nearly five months.  Thus, unless a servicemember returns, has all of the necessary information in her or her possession, is aware he or she may have a disability, and files his or her claim right away without any mistakes, there is a substantial likelihood that he or she will not get a decision and rating until after the one year deadline or with little meaningful time left to use the additional leave.

(2) What is the policy purpose of the existing law in this area and what balance does it strike in terms of scope and applicability?

Possible amendment:

For the new categories of eligible employees created by the bill, Guard and Reserves, grant them the new leave category once, on the date of their disability rating, lasting for 12 months from that date, regardless of when the disability rating decision is made and regardless of what leave they have accrued at that time.

Prior Legislation.

SB 1180 (Jackson, Chapter 728, Statutes of 2016) provides school employees who are military veterans with service-connected disabilities with additional paid leave of absence for illness or injury, for the purpose of undergoing medical treatment for those disabilities, during their first year of employment. This measure was passed by the Legislature and signed by the Governor.

REGISTERED SUPPORT / OPPOSITION:

Support

American G.I. Forum of California

AMVETS- Department of California

California Asssociation of County Veterans Service Officers

California School Employees Association

Military Officers Association of America, California Council of Chapters

Opposition

None on File.

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

 CONSENT  

Bill No: SB 731

Author:

Amended:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 7-0, 3/28/17

AYES: Newman, Nielsen, Dodd, Hueso, Nguyen, Roth, Wilk

SENATE EDUCATION COMMITTEE: 7-0, 4/26/17

AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak

SUBJECT:

SOURCE: Author

DIGEST: This bill permits current school employees – who also serve as National Guard members or federal military reservists and who return from federal active duty mobilization after incurring service-connected disabilities – to receive additional paid leaves of absence for illness or injury to facilitate medical treatment for their service-connected disabilities during the 12 months following their return to their school jobs.

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.
3. Provides new 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.

This bill:

1. Permits current school employees, both certificated employees and classified employees – who are National Guard members or federal military reservists and who return from federal active duty mobilization after incurring service-connected disabilities – to receive additional paid leaves of absence for illness or injury to facilitate medical treatment for their service-connected disabilities during the 12 months following their return to their school jobs. To be eligible:
   1. The returning employee must have a service-connected disability that was incurred during the federal active duty mobilization recently completed.
   2. The service-connected disability must be rated at 30% or higher by the United States Department of Veterans Affairs (USDVA).
2. Applies control and accountability measures used for a similar existing program (SB 1180, Jackson, Chapter 728, Statutes of 2016), such as ensuring that the additional sick leave is used only to treat the service-connected conditions.

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.

Recent Changes in Law. In 2015 the Legislature enacted SB 1180 (Jackson), which provides new 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.

Regarding certificated school employees, existing law (SB 1180):

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 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 to be used 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, existing law (SB 1180):

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.

Related/Prior Legislation

SB 1180 (Jackson, Chapter 728, Statutes of 2016) provided new 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. Must be used within the first 12 months.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 5/3/17)

American Federation of State, County and Municipal Employees, AFL-CIO

American G.I. Forum of California

AMVETS - Department of California

California Association of County Veterans Service Officers

California School Employees Association

Military Officers Association of America - California Council of Chapters

OPPOSITION: (Verified 5/3/17)

None received

Prepared by:

5/3/17 15:02:31

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: Hearing Date: April 26, 2017

Subject:

SUMMARY

This bill provides school employees who are members or military veterans of the California National Guard or reserve component of the military returning from a military mobilization with a service-connected disability with additional paid leave of absence for illness or injury, for the purpose of undergoing medical treatment for those disabilities.

BACKGROUND

Existing law:

1. Provides certificated and classified school employees hired on or after January 1, 2017 who are military veterans with service-connected disabilities with additional paid leave of absence for illness or injury, for the purpose of undergoing medical treatment for those disabilities during their first year of employment. (Education Code § 44978.2 and 45191.5)
2. 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. (EC § 44978)
3. 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. (EC § 45191)

ANALYSIS

This bill:

1. Provides school employees, who are members or military veterans of the California National Guard or reserve component of the federal military returning from a federal military mobilization with service-connected disabilities rated at 30 percent or higher, with leave 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 a member or military veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization with a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs that was incurred during the federal active duty recently completed.
   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.
3. Regarding classified school employees:
   1. Establishes eligibility for an employee who is a member or military veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization with a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs (USDVA) that was incurred during the federal active duty recently completed.
   2. 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.
   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.

STAFF COMMENTS

1. Need for the bill. According to the author’s office, existing law, enacted by SB 1180 of 2016 by Senator Jackson, provides new school employees who are military veterans with service-connected disabilities with additional paid leave of absence for illness or injury, for the special purpose of undergoing medical treatment. SB 1180 addresses only new hires, and does not take into account the needs of current school employees who also serve as members of federally recognized military reserve components, such as the National Guard or federal military reserves. While new hires can receive their benefits of SB 1180, existing employees who may incur injuries leading to a service-related disability while mobilized onto active federal military duty, may have no means of taking leave to seek appropriate, treatment for those disabilities.

This bill would expand the existing SB 1180 sick leave provisions to include current school employees who also serve as members of federally recognized military reserve components, such as the National Guard or federal military reserves—both classified and certificated. The bill also applies the same time limits and accountability measures that were enacted in SB 1180.

1. Veterans with service-connected disabilities. The Senate Committee on Veterans Affairs indicates that the United States Department of Veterans Affairs 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 United States Department of Veterans Affairs (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 percent - to – 100 percent in 10 percent 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 percent rating is the lowest for which compensable income is awarded. A veteran with a 100 percent rating will have one or more disabilities that significantly interfere with normal life functions. A veteran with a 0 percent 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 percent – 30 percent.

In general, it makes sense for a veteran to seek an initial disability evaluation because, even for a condition likely to receive a 0 percent 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 percent 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.

1. Technical Amendment. If it is the desire of the Committee to pass this measure, staff recommends that the bill be amended to specify that credit for leave of absence for illness or injury granted by this bill be credited to a qualifying certificated or classified employee on the first day after returning to school employment and remain available for use for the following 12 months of employment.
2. Prior Legislation.

SB 1180 (Jackson, Chapter 728, Statutes of 2016) provides school employees who are military veterans with service-connected disabilities with additional paid leave of absence for illness or injury, for the purpose of undergoing medical treatment for those disabilities, during their first year of employment. This measure was passed by the Legislature and signed by the Governor.

SUPPORT

American Federation of State, County, and Municipal Employees

American G.I. Forum of California

AMVETS Department of California

California Association of County Veterans Service Officers

California School Employees Association

Military Officers Association of America, California Council of Chapters

OPPOSITION

None received.

-- END --

SENATE COMMITTEE ON

Senator Josh Newman, Chair

2017 - 2018 Regular

Bill No: Hearing Date: 3/28/17

Subject:

DESCRIPTION

Summary:

The bill permits current school employees – who are National Guard members or federal military reservists and who return from federal active duty mobilization after incurring service-connected disabilities – to receive additional paid leaves of absence for illness or injury to facilitate medical treatment for their service-connected disabilities during the 12 months following their return to their school jobs.

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.
3. Provides new 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.

This bill:

Permits current school employees, both certificated employees and classified employees – who are National Guard members or federal military reservists and who return from federal active duty mobilization after incurring service-connected disabilities – to receive additional paid leaves of absence for illness or injury to facilitate medical treatment for their service-connected disabilities during the 12 months following their return to their school jobs. To be eligible:

• 1. The returning employee must have a service-connected disability that was incurred during the federal active duty mobilization recently completed.
  2. The service-connected disability must be rated at 30% or higher by the United States Department of Veterans Affairs (USDVA).

1. Applies control and accountability measures used for a similar existing program (SB 1180, Jackson, 2016), such as ensuring that the additional sick leave is used only to treat the service-connected conditions.

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.

Recent Changes in Law. In 2015 the Legislature enacted SB 1180 (Jackson), which provides new 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.

Regarding certificated school employees, SB 1180:

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 to be used 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, SB 1180:

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.

COMMENT

Committee Comments:

1. SB 731 is jointly authored by Senator Jackson, who also authored SB 1180.
2. What is the difference between the SB 1180 and SB 731?

• The original program (SB 1180) applies to veterans whose military service and service-connected disabilities pre-date their initial employment as school employees.
• The proposed new program (SB 731) would apply to current school employees who also serve part-time as National Guard members or federal reservists and who acquire disabilities during subsequent military mobilizations and then return to school employment with those service-connected disabilities.

Prior/Related Legislation:

SB 728 (Newman/Jackson) permits state employees and officers – who are members of the National Guard or federal military reserve forces – who return to state service from active military mobilization with service-connected disabilities, to receive 96 hours of additional, front-loaded sick leave dedicated to medical treatment of those disabilities. Must be used within the first 12 months.

SB 1180 (Jackson, Chapter 728, Statutes of 2016) 3) provides new 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. Must be used within the first 12 months.

POSITIONS

Sponsor: Author.

Support:

American G.I. Forum of California

AMVETS - Department of California

California Association of County Veterans Service Officers

California School Employees Association (CSEA)

Military Officers Association of America - California Council of Chapters

Oppose: None on file.

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