Senate Bill No. 1180

Introduced by Senator Jackson

February 18, 2016

An act to add Sections 44978.2 and 45191.5 to the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

SB 1180, as introduced, Jackson. Public school employees: military veterans: leave of absence for illness or injury.

(1) Under existing law, a certificated employee may, at his or her election, use days of leave of absence for illness or injury allowed, pursuant to specified existing law.

This bill would require that a certificated employee hired on or after January 1,2017, who is a military veteran with a military service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs be entitled to a leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment for his or her military service-connected disability, as specified. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2017, by a public school employer and an exclusive bargaining representative, these provisions shall not apply until the expiration or renewal of that collective bargaining agreement.

(2) Under existing law, a classified employee may, at his or her election, use days of leave of absence for illness or injury allowed, pursuant to specified existing law.

This bill would require a classified employee hired on or after January 1,2017, who is a military veteran with a military service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs be entitled to a leave of absence for illness or injury with pay of up to 12 days for the purpose of undergoing medical treatment for his or her military service-connected disability, as specified. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2017, by a public school employer and an exclusive bargaining representative, these provisions shall not apply until the expiration or renewal of that collective bargaining agreement.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 44978.2 is added to the Education Code,
to read:

44978.2.  

(a) (1) In addition to any other entitlement for leave
of absence for illness or injury with pay, a certificated employee
hired on or after January 1,2017, who is a military veteran with a
military service-connected disability rated at 30 percent or more
by the United States Department of Veterans Affairs shall be
entitled to leave of absence for illness or injury with pay of up to
10 days for the purpose of undergoing medical treatment for his
or her military service-connected disability.

(2) Credit for leave of absence for illness or injury granted under
this subdivision shall be credited to a qualifying certificated
employee on the first day of employment and shall remain available
for use for the following 12 months of employment.

(3) Leave of absence for illness or injury credited pursuant to
this subdivision that is not used during the 12-month period shall
not be carried over and shall be forfeited.

(4) Submission of satisfactory proof that a leave of absence for
illness or injury granted under this subdivision is used for treatment
of a military service-connected disability may be required pursuant
to rules adopted by the governing board of a school district.

(b) A certificated employee, as described in subdivision (a),
employed less than five days per week shall be entitled to that
proportion of 10 days’ leave of absence for illness or injury granted
pursuant to subdivision (a) as the number of days he or she is
employed per week bears to five.

(c) To the extent that this section conflicts with a provision of
a collective bargaining agreement entered into by a public school
employer and an exclusive bargaining representative before January
1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540)
of Division 4 of Title 1 of the Government Code, this section shall
not apply until expiration or renewal of that collective bargaining
agreement.

SEC. 2.  

Section 45191.5 is added to the Education Code, to
read:

45191.5.  

(a) (1) In addition to any other entitlement for leave
of absence for illness or injury with pay, a classified employee
hired on or after January 1,2017, who is a military veteran with a
military service-connected disability rated at 30 percent or more
by the United States Department of Veterans Affairs shall be
entitled to leave of absence for illness or injury with pay of up to
12 days for the purpose of undergoing medical treatment for his
or her military service-connected disability.

(2) Credit for leave of absence for illness or injury granted under
this subdivision shall be credited to a qualifying classified
employee on the first day of employment and shall remain available
for use for the following 12 months of employment.

(3) Leave of absence for illness or injury credited pursuant to
this subdivision that is not used during the 12-month period shall
not be carried over and shall be forfeited.

(4) Submission of satisfactory proof that a leave of absence for
illness or injury granted under this subdivision is used for treatment
of a military service-connected disability may be required pursuant
to rules adopted by the governing board of a school district.

(b) A classified employee, as described in subdivision (a) and
employed five days a week, who is employed for less than a full
fiscal year is entitled to that proportion of 12 days’ leave of absence
for illness or injury granted pursuant to subdivision (a) as the
number of months he or she is employed bears to 12.

(c) A classified employee, as described in subdivision (a),
employed less than five days per week shall be entitled to that
proportion of 12 days’ leave of absence for illness or injury granted
pursuant to subdivision (a) as the number of days he or she is
employed per week bears to five. When such persons are employed
for less than a full fiscal year of service, this subdivision and
subdivision (b) shall determine that proportion of leave of absence
for illness or injury granted pursuant to subdivision (a) to which
they are entitled.

(d) To the extent that this section conflicts with a provision of
a collective bargaining agreement entered into by a public school
employer and an exclusive bargaining representative before January
1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540)
of Division 4 of Title 1 of the Government Code, this section shall
not apply until expiration or renewal of that collective bargaining
agreement.