BILL ANALYSIS Ó SENATE COMMITTEE ON VETERANS AFFAIRS Senator Jim Nielsen, Chair 2015 - 2016 Regular Bill No: SB 221 Hearing Date: 4/14/15 ----------------------------------------------------------------- |Author: |Jackson | |-----------+-----------------------------------------------------| |Version: |2/12/15 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Wade Teasdale | | | | ----------------------------------------------------------------- Subject: State public employees: sick leave: veterans with service-related disabilities DESCRIPTION Summary: Permits state employees, who are military veterans with service-connected disabilities, to receive additional sick leave dedicated to health care treatment of those disabilities. Existing law: Federal: 1. Directs the United States Department of Veterans Affairs (USDVA) to analyze and rate the service-connected disabilities of qualified military veterans. 2. Directs USDVA to provide health care treatment and monetary compensation to veterans with rated, service-connected disabilities. State: 1. Authorizes the Legislature to provide preferences to veterans and their surviving spouses in state employment. 2. Provides that state agency employers provide employees with the ability to accrue and apply sick leave and establishes procedures for agency administration of those SB 221 (Jackson) PageB of? sick leave benefits. This bill: 1. Grants a state officer or employee, who is a military veteran with a service-connected disability rated at 30% or more by USDVA, an additional credit for sick leave with pay of up to 96 hours. 2. Limits use of this sick leave to medical treatment of the employee's military service-related disability. 3. Requires that this sick leave be credited on the first day of employment and remain available for use for the following 12 months of employment. 4. Prohibits this sick leave from being carried over after 12 months. 5. Permits employing agencies to adopt rules requiring "submission of satisfactory proof" that the sick leave is being used for treatment of a service-connected disability. BACKGROUND Sick Leave for State Employees Employees of California state government agencies are eligible to accrue sick leave credits, which they may use to take time off from work at full pay. Provided they have sufficient accrued credits, sick leave compensates employees during periods of absence due to: Being physically or mentally unable to work due to illness or injury. Obtaining professional diagnosis of treatment for a medical condition. Other medical reasons, such as pregnancy or obtaining a physical examination. SB 221 (Jackson) PageC of? Attending to illness of a child, parent, spouse, or domestic partner. The Government and Labor codes contain provisions for sick leave with actual benefits for represented employees are further specified by collective bargaining agreements or memorandums of understanding (MOU). Benefits for nonrepresented employees designated as managerial, supervisory, and confidential are further specified in California Department of Human Resources (CalHR) regulations. Federal Benefits for Service-Connected Disabilities USDVA provides health care treatment and monetary compensation to veterans with service-connected disabilities. Health Care: USDVA's Veterans Health Administration (VHA) operates the nation's largest integrated health care system with over 1,700 sites of care, serving 8.76 million veterans each year. California veterans are served by the numerous hospitals and clinics owned, operated and regionally administered by the VHA. VHA's Sierra Pacific Network (VISN 21) is responsible for serving Northern California veterans, while Southern Californians are served by VHA's Desert Pacific Healthcare Network (VISN 22). In addition to direct health treatment services, VHA administers the Veterans Choice Program. The Choice Program is a new, temporary benefit that allows eligible veterans an option to receive health care within their local communities rather than waiting for a backlogged VHA appointment or traveling to a distant VHA-owned facility. Disability Compensation: USDVA's Veterans Benefits Administration (VBA) provides disability compensation as a tax-free monetary benefit to veterans rated with disabilities incurred or aggravated during active military service. Compensation may also be SB 221 (Jackson) PageD of? paid for post-service disabilities that are considered related or secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service, even though they may arise after service. Generally, the degrees of disability specified are also designed to compensate for considerable loss of working time from exacerbations or illnesses. Recent Trends: Veterans with Service-Connected Disabilities Of the nearly 1.9 million "post-9/11" veterans separated from the military after one or more deployments to Iraq and/or Afghanistan:<1> 1,126,173 (60%) have obtained USDVA health care since FY 2002 (cumulative). - 685,668 (61%) of 1,121,675 former Active Duty - 440,505 (59%) of 744,453 Reserve/National Guard Among the veterans who received health care since FY 2002: - 1,039,313 of 1,126,173 (92%) have been seen only as outpatients by USDVA. - 86,860 of 1,126,173 (8%) have been hospitalized at least once in a USDVA facility. USDVA Disability Ratings 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 military --------------------------- <1> Epidemiology Program, Post-Deployment Health Group, Office of Public Health, "Analysis of VA Health Care Utilization among Operation Enduring Freedom (OEF), Operation Iraqi Freedom (OIF), and Operation New Dawn (OND) Veterans: Cumulative from 1st Qtr FY 2002 through 4th Qtr FY 2014 (October 1, 2001 - September 30, 2014)", Veterans Health Administration, Department of Veterans Affairs, January 2015, pg 5. SB 221 (Jackson) PageE of? service. The amount of basic benefit paid varies depending on the rated severity of the condition. 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 between10% to 30%. In general, it makes sense for a veteran to seek evaluation, even for a condition likely to receive a 0% 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% 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 caused by 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. COMMENT Author's Statement : Newly hired state employees begin their careers with no sick leave, and accrue it slowly, after their first month of employment, at a rate of 8 hours per month. As a result, disabled veterans who have recently entered the state workforce may not have sufficient sick leave to attend medical appointments, and may struggle with the demands of SB 221 (Jackson) PageF of? a disability on top of those of a new job. Disabled veterans should not have to take unpaid leave to attend their VA or medical appointments or be forced to cancel difficult-to-schedule VA appointments. SB 221 will help ease the transition from military service to state service by allowing disabled veterans who are state workers to take the time they need to get regular medical or psychiatric care. Committee Staff Comments : 1. The author notes that "(a)ccording to CalHR, there are 12,441 veterans in state civil service, and approximately 1,739 self-identify as disabled." These existing state employee veterans would consist primarily of older, pre-9/11 veterans, including "Desert Shield/Storm" (1991) veterans and Vietnam veterans. These older veterans did not apply for USDVA disability ratings and health treatment at the much higher rates observed in the younger, emerging post-9/11 veterans, many of whom have experienced multiple deployments to Iraq and/or Afghanistan. For example, the Congressional Research Service states that 27 percent of U.S. military personnel returning from Afghanistan and Iraq warrant the diagnosis of post-traumatic stress disorder (PTSD).<2> 2. State agencies have a vested interest in facilitating the quick health recovery of newly hired veterans. In addition to meeting any inherent moral obligation to support veterans, agencies benefit generally from the efficiency and work climate associated with a healthier work force. 3. Potential Amendments for Consideration : As written, the bill permits a qualifying officer or employee to receive the sick leave credit "on the first day of employment" and provides that the credit "shall remain available for use for the following 12 months of employment." -------------------------- <2> Blakely, K. and Jansen, D., "Post-Traumatic Stress Disorder and Other Mental Health Problems in the Military: Oversight Issues for Congress," Congressional Research Service, August 8, 2013. SB 221 (Jackson) PageG of? a. One-time benefit ? If the author intends this to be a one-time benefit received upon initial entry into state service, is the existing language sufficiently clear? Should the bill be clarified to prevent the possibility of a qualifying employee triggering a new round of sick leave credits whenever the employee switches to a job in a different state agency? In other words, clarify the benefit's association with "first day of employment in state service" as opposed to "first day of employment with the agency." b. Existing employees? The medical treatment protocols associated with some disabilities can extend for years into the future. As noted under Staff Comment #1 above, there are existing, perhaps long-time state employees, who are disabled veterans, who have been receiving ongoing USDVA treatment for service-connected disabilities, and whose initial years of state service predate the effective date of this measure, if enacted. Many disabilities worsen over time as the individual ages. An existing state employee may work in an agency for years with a USDVA rating lower than 30 percent, but eventually be re-rated to a level that meets or exceeds the 30-percent threshold. Furthermore, many service-connected disabilities are never diagnosed at all until years, sometimes decades after military service was completed. Even now Vietnam Era and older veterans are receiving initial diagnoses of service-connected disabilities and receiving first-time eligibility for USDVA health treatment. Should this bill be amended to extend this sick leave credit to existing employees or should the credit be restricted to new hires? c. Consistent rules of proof ? The bill permits employing agencies to adopt rules that require "(s)ubmission of satisfactory proof that sick leave granted under this subdivision is used for treatment of a service-connected disability." In order to avoid a patchwork of inconsistent rules across myriad state employers: SB 221 (Jackson) PageH of? i. Should the bill be amended to enact a single standard of proof (a) that establishes that a participating employee has a current USDVA disability rating of at least 30-percent and (b) that each medical appointment applied toward this sick leave benefit is documented as treating only health conditions associated with the service-connected disability? ii. Alternatively, should the bill direct CalHR to promulgate a common "submission of proof" rule that covers all state employers? Related Legislation : 1. AB 1522 (Gonzales, Ch. 317, Stats. 2014 ) Among other things, the "Healthy Workplaces, Healthy Families Act of 2014": a. Provides, for the purposes of this program, that "employer" includes the state, political subdivisions of the state, and municipalities. b. Provides that an employee who works in California for seven or more days in a calendar year is entitled to paid sick days, as specified, on and after July 1, 2015. c. Provides that an employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this bill, whichever is later. d. Provides that an employee shall be entitled to use accrued paid sick days beginning on the 90th calendar day of employment, after which the employee may use paid sick days as they are accrued. e. Provides that an "employee" does not include an employee covered by a valid collective bargaining agreement that expressly provides for paid sick days or similar policy, as specified. SB 221 (Jackson) PageI of? 1. AB 1397 (Committee on Veterans Affairs, Ch. 645, Stats. 2014 ) adds veterans preference to the list of selection devices that CalHR must review and examine the validity of, and adds veterans status to the list of specified data collected in order to determine utilization of certain groups. 2. SB 1563 (Cannella, Ch. 768, Stats. 2012) requires that a veteran who has completed acceptable training in the U.S. Armed Forces as a military law enforcement officer shall receive 15 preference points in an examination for an open peace officer position in state employment, and states legislative intent with regard to veterans' abilities to become state peace officers. 3. AB 1729 (Yamada, Ch. 237, Stats. 2010) extends, from six months to 12 months, the amount of time a veteran may receive preference points on employment lists resulting from open, nonpromotional civil service examinations. 4. SB 644 (Denham, Ch. 357, Stats. 2009) increases the veterans preference points provided on open, non-promotional state civil service entrance examinations from 10 to 15 points for disabled veterans; and from five to 10 points for all other veterans. 5. AB 2550 (Blakeslee, Ch. 494, Stats. of 2006) Provided qualified members of the California National Guard, or a widow, widower, or spouse of a qualified member, preference points, as specified, for any civil service employment. 6. SB 637 (Baca, Ch. 404, Stats.1999) made revisions to existing law providing special preferences for the appointment of disabled veterans. POSITIONS Sponsor: Author Support: National Association of Social Workers (NASW) - CA Chapter American Legion - Department of CA SB 221 (Jackson) PageJ of? AMVETS - Department of CA CA Association of County Veterans Service Officers (CACVSO) CA State Commanders Veteran Council Military Officers Association of America - CA Council of Chapters Veterans of Foreign Wars - Department of CA Vietnam Veterans of American - CA State Council Oppose: None on file -- END --