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 ----------------------------------------------------------------- |Author: |Jackson | |-----------+-----------------------------------------------------| |Version: |4/20/15 As amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Glenn Miles | | | | ----------------------------------------------------------------- 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 221 (Pan) Page 2 of ? 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 221 (Pan) Page 4 of ? necessary appointments for their service-related disability."