Amended in Senate April 20, 2015

Senate Bill No. 221

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 amended, Jackson. State public employees: sick leave: veterans with service-related disabilities.

Existing law prescribes the general begin delete work week end delete begin insert workweek end insert 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 begin insert hired on or after January 1, 2016, end insert with a begin insert military end insert 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 begin insert military end insert 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 begin insert military end insert 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 begin delete rule end delete
begin insert rule, end insert 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 begin insert hired on or after January 1, 2016, end insert who
is a military veteran with a begin insert military end insert 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 begin insert military end insert 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
begin insert military end insert service-connected disability may be required pursuant to
rules adopted by the begin delete employing department or agency. end delete begin insert department. end insert

(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.