BILL NUMBER: SB 221	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Jackson

                        FEBRUARY 12, 2015

   An act to amend Section 19859 of the Government Code, relating to
public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 221, as introduced, Jackson. State public employees: sick
leave: veterans with service-related disabilities.
   Existing law prescribes the general work week policy for state
employees, subject to specified exceptions, and the terms and
conditions for accrual of vacation and sick leave. Existing law
generally provides that a state officer or employee who is employed
full time accrues one day of credit for sick leave for each calendar
month of service. Existing law requires that if these provisions
conflict with an adopted memorandum of understanding, the memorandum
of understanding controls, as specified.
   This bill would grant a state officer or employee who is a
military veteran with a service-connected disability rated at 30% or
more by the United States Department of Veterans Affairs an
additional credit for sick leave with pay of up to 96 hours for the
purpose of undergoing medical treatment for his or her
service-related disability. The bill would require that the sick
leave be credited to a qualifying officer or employee on the first
day of employment and remain available for use for the following 12
months of employment. The bill would prohibit this sick leave from
being carried over after 12 months and would permit submission of
satisfactory proof that the sick leave is being used for treatment of
a service-connected disability to be required, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19859 of the Government Code is amended to
read:
   19859.  (a) Following completion of one month of continuous
service, except as otherwise provided in Section 19863.1, each state
officer and employee who is employed full time shall be allowed one
day of credit for sick leave with pay. Thereafter, for each
additional calendar month of service, except as provided in Section
19861, one day of credit for sick leave with pay shall be allowed.
Each state officer or employee is entitled to this leave with pay, on
the submission of satisfactory proof of the necessity for sick leave
as provided by rule of the department. For purposes of computing
sick leave, each employee shall be considered to work not more than
five days each week. The department shall provide by rule for the
regulation and method of accumulation of sick leave for civil service
employees, and may provide sick leave for those who work less than
full time. Subject to department rule sick leave may be granted to
employees for the purpose of physical examinations. 
   (b) In addition to any other entitlement for sick leave with pay,
a state officer or employee who is a military veteran with a
service-connected disability rated at 30 percent or more by the
United States Department of Veterans Affairs shall be entitled to
additional credit for sick leave with pay of up to 96 hours for the
purpose of undergoing medical treatment for his or her
service-connected disability. Credit for sick leave granted under
this subdivision shall be credited to a qualifying officer or
employee on the first day of employment and shall remain available
for use for the following 12 months of employment. Sick leave
credited pursuant to this subdivision that is not used during the
12-month period shall not be carried over and shall be forfeited.
Submission of satisfactory proof that sick leave granted under this
subdivision is used for treatment of a service-connected disability
may be required pursuant to rules adopted by the employing department
or agency.  
   (b) 
    (c)  If the provisions of this section are in conflict
with the provisions of a memorandum of understanding reached pursuant
to Section 3517.5, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.