BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          PUBLIC EMPLOYMENT AND RETIREMENT
                               Dr. Richard Pan, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 221          Hearing Date:    4/27/15
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          |Author:    |Jackson                                              |
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          |Version:   |4/20/15    As amended                                |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Glenn Miles                                          |
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          Subject:  State public employees:  sick leave:  veterans with  
          service-related disabilities

            SOURCE:   Author
           
           DIGEST:    This bill provides, in addition to any other  
          entitlement for sick leave with pay, an additional credit for  
          sick leave with pay of up to 96 hours to state officers or  
          employees hired after January 1, 2016, who are disabled  
          veterans, as specified.  The additional sick leave shall be for  
          the purposes of undergoing medical treatment for a military  
          service-connected disability and shall be credited on the first  
          day of employment and be available for use for the following 12  
          months of employment.  Leave not used during the 12 month period  
          shall not accrue to the employee and shall be forfeited.

          ANALYSIS:

          Existing law:
          
          1) Requires that each state officer and employee who is employed  
            full time be allowed one day of credit for sick leave with pay  
            following completion of one month of continuous service and  
            one day of credit for sick leave with pay for each additional  
            calendar month of service thereafter.

          2) Provides that 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  







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            California Department of Human Resources (CalHR).

          3) Authorizes CalHR to provide by rule for the regulation and  
            method of accumulation of sick leave for civil service  
            employees.

          4)Provides that CalHR may provide by rule for sick leave or  
            annual leave without pay for those employees who have used all  
            sick leave or annual leave with pay to which they are  
            entitled.

          5)States that a memorandum of understanding governing sick leave  
            shall be controlling without further legislative action,  
            except that if the provisions of the 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.

          This bill:

          1) Provides, in addition to any other entitlement for sick leave  
            with pay, an additional credit for sick leave with pay of up  
            to 96 hours to state officers or employees hired after January  
            1, 2016, who are disabled veterans, as specified.

          2)  Requires the additional sick leave be for the purposes of  
            undergoing medical treatment for a military service-connected  
            disability.

          3)  Requires the additional sick leave shall be credited on the  
            first day of the eligible employee's employment and be  
            available for use for the following 12 months of employment.  

          4) Prohibits any portion of the 96 hours of additional leave not  
            used during the 12 month period from accruing to the employee  
            and provides that any unused leave upon termination of the 12  
            month period shall be forfeited.

          Background

          According to the author, new state employees who have served in  
          the military and have a military service-related disability  
          require initial and ongoing medical treatment for their  
          disability, but because they are new employees, they do not yet  
          have any reserve of sick leave.  This situation requires them to  








                221 (Pan)                                    Page 3 of ?
          
          
          choose either missing their medical appointments or forgoing pay  
          for the period they are undergoing treatment.  In some case, the  
          employee may have to choose between treatment and employment,  
          thereby creating undue tension between rehabilitation and  
          economic wellbeing.

          By authorizing an initial bank of sick leave for a specific use,  
          this bill would allow eligible employees to receive their  
          necessary medical treatment and avoid undue economic stress.   
          The author also states that the bill would aid in reintegrating  
          the employees into the workforce while increasing employee  
          morale and productivity.

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          No


          SUPPORT:

          American Legion-Department of California
          AMVETS - Department of California
          California Association of County Veterans Service Officers
          California State Commanders Veterans Council
          Military Officers Association of America-California Council of  
          Chapters
          Veterans of Foreign Wars-Department of California
          Vietnam Veterans of American-California State Council

          OPPOSITION:

          None received

          ARGUMENTS IN SUPPORT:    According to the author "disabled  
          veterans who have recently entered the workforce may not have  
          sufficient sick leave to attend medical appointments on a  
          regular basis." 

          "Many veterans are returning from Iraq and Afghanistan with  
          physical and mental health issues that require medical  
          attention.  VA appointments can be very hard to get and very  
          difficult to reschedule.  A shortage of mental health  
          specialists in the VA makes it particularly important to follow  
          up and attend appointments as soon as they are received."

          SB 221 would enable disabled veterans "to attend medically  








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          necessary appointments for their service-related disability."