BILL ANALYSIS Ó
AB 64
Page 1
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
64 (Chávez) - As Introduced December 15, 2014
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|Policy |Public Employees, |Vote:|6 - 0 |
|Committee: |Retirement/Soc Sec | | |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires that state civil service employees who work
on an hourly basis and are reinstated upon returning from
activity military duty be given the same shift and number of
work hours as they enjoyed prior to going on military leave.
FISCAL EFFECT:
Unknown, but very likely significant General and Special Fund
costs to state agencies, in excess of $150,000, to accommodate
disruptions to hourly staffing flexibility and scheduling needs.
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COMMENTS:
1)Purpose. The State Civil Service Act provides reinstatement
benefits to permanent, probationary, and exempt employees
returning home from active duty military service. According
to the author, hourly civil service employees are not granted
the same rights under the Act, and therefore have no guarantee
of receiving the same work shift or hours upon returning from
active duty service. The author contends California is home
to the highest percentage of veterans in the country, and
should strive to ensure women and men returning home from
deployment have their jobs returned to them.
2)Permanent Intermittent Employees. While this bill certainly
has a laudable policy goal, its mandate may not be compatible
with the very nature of the state's hourly civil service
employees, known as "permanent intermittent" employees.
Current statute defines intermittent positions as those in
which the employee works "periodically or for a fluctuating
portion of the full-time work schedule" (GOV 18552). Many of
these employees are used to fill seasonal roles or roles with
irregular time schedules, and it may be essential that
scheduling for these roles remain flexible. Intermittent
employees may have their schedules change, with respect to
both hours and shift times, on a weekly basis. Requiring that
such employees be given a particular shift and hours upon
return from active duty service may not be consistent with the
requirements of their positions, the needs of their agency, or
even the season in which they work.
California currently has approximately 21,000 permanent
intermittent employees statewide, though it is unknown what
percentage of these are members of the military. According to
census data, approximately 1-2% of California's total
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workforce is in the military reserves. If that were also true
of its permanent intermittent workforce, approximately 200-400
employees could be affected by this bill.
Analysis Prepared by:Joel Tashjian / APPR. / (916)
319-2081