Amended in Assembly July 9, 2015

Amended in Senate April 20, 2015

Senate BillNo. 221


Introduced by Senator Jackson

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(Coauthor: Senator Hertzberg)

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(Coauthor: Assembly Member Mathis)

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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 workweek 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 wouldbegin insert enact the California Wounded Warriors Transitional Leave Act. The bill wouldend insert grant a state officer or employee who is a military veteran hired on or after January 1, 2016, with a military 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 military 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 afterbegin delete 12 monthsend deletebegin insert the 12end insertbegin insert-month periodend insert and would permit submission of satisfactory proof that the sick leave is being used for treatment of a military 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:

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begin insertSECTION 1.end insert  

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begin insertThis act shall be known, and may be cited, as the
2California Wounded Warriors Transitional Leave Act.end insert

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begin deleteSECTION 1.end delete
4begin insertSEC. 2.end insert  

Section 19859 of the Government Code is amended
5to read:

6

19859.  

(a) Following completion of one month of continuous
7service, except as otherwise provided in Section 19863.1, each
8state officer and employee who is employed full time shall be
9allowed one day of credit for sick leave with pay. Thereafter, for
10each additional calendar month of service, except as provided in
11Section 19861, one day of credit for sick leave with pay shall be
12allowed. Each state officer or employee is entitled to this leave
13with pay, on the submission of satisfactory proof of the necessity
14for sick leave as provided by rule of the department. For purposes
15of computing sick leave, each employee shall be considered to
16work not more than five days each week. The department shall
17provide by rule for the regulation and method of accumulation of
18sick leave for civil service employees, and may provide sick leave
19for those who work less than full time. Subject to department rule,
20sick leave may be granted to employees for the purpose of physical
21examinations.

22(b) In addition to any other entitlement for sick leave with pay,
23a state officer or employee hired on or after January 1, 2016, who
24is a military veteran with a military service-connected disability
25rated at 30 percent or more by the United States Department of
26Veterans Affairs shall be entitled to additional credit for sick leave
27with pay of up to 96 hours for the purpose of undergoing medical
28treatment for his or her military service-connected disability. Credit
29for sick leave granted under this subdivision shall be credited to
P3    1a qualifying officer or employee on the first day of employment
2and shall remain available for use for the following 12 months of
3employment. Sick leave credited pursuant to this subdivision that
4is not used during the 12-month period shall not be carried over
5and shall be forfeited. Submission of satisfactory proof that sick
6leave granted under this subdivision is used for treatment of a
7military service-connected disability may be required pursuant to
8rules adopted by the department.

9(c) If the provisions of this section are in conflict with the
10provisions of a memorandum of understanding reached pursuant
11to Section 3517.5, the memorandum of understanding shall be
12controlling without further legislative action, except that if the
13provisions of a memorandum of understanding require the
14expenditure of funds, the provisions shall not become effective
15unless approved by the Legislature in the annual Budget Act.



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