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
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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."