SB 1180, as amended, 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 afterbegin delete January 1,2017,end deletebegin insert January 1, 2017,end insert who is a military veteran with a military service-connected disability rated atbegin delete 30 percentend deletebegin insert 30%end insert 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 providebegin delete 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.end deletebegin insert that nothing in these provisions shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative that provides greater leave of absence rights to employees than the rights established under
these provisions.end insert
(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 afterbegin delete January 1,2017,end deletebegin insert
January 1, 2017,end insert who is a military veteran with a military service-connected disability rated atbegin delete 30 percentend deletebegin insert 30%end insert 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 providebegin delete 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.end deletebegin insert that nothing in these provisions shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative that provides greater leave of absence rights to employees than the rights established under these provisions.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 44978.2 is added to the Education Code,
2to read:
(a) (1) In addition to any other entitlement for leave
4of absence for illness or injury with pay, a certificated employee
5hired on or afterbegin delete January 1,2017,end deletebegin insert January 1, 2017,end insert who is a military
6veteran with a military service-connected disability rated at 30
7percent or more by the United States Department of Veterans
8Affairs shall be entitled to leave of absence for illness or injury
9with pay of up to 10 days for the purpose of undergoing medical
10treatment for his or her military service-connected disability.
11(2) Credit for leave of
absence for illness or injury granted under
12this subdivision shall be credited to a qualifying certificated
P3 1employee on the first day of employment and shall remain available
2for use for the following 12 months of employment.
3(3) Leave of absence for illness or injury credited pursuant to
4this subdivision that is not used during the 12-month period shall
5not be carried over and shall be forfeited.
6(4) Submission of satisfactory proof that a leave of absence for
7illness or injury granted under this subdivision is used for treatment
8of a military service-connected disability may be required pursuant
9to rules adopted by the governing board of a school district.
10(b) A certificated employee, as described in subdivision (a),
11employed less than 5 days per week shall be entitled to that
12proportion of 10 days’ leave of
absence for illness or injury granted
13pursuant to subdivision (a) as the number of days he or she is
14employed per week bears to 5.
15(c) To the extent
that this section conflicts with a provision of
16a collective bargaining agreement entered into by a public school
17employer and an exclusive bargaining representative before January
181, 2017, pursuant to Chapter 10.7 (commencing with Section 3540)
19of Division 4 of Title 1 of the Government Code, this section shall
20not apply until expiration or renewal of that collective bargaining
21agreement.
22
(c) Nothing in this section shall be construed to diminish the
23obligation of a public school employer to comply with any
24collective bargaining agreement entered into by a public school
25employer and an exclusive bargaining representative pursuant to
26Chapter 10.7 (commencing with Section 3540) of Division 4 of
27Title 1 of the Government Code that provides greater leave of
28absence rights to employees than the rights established under this
29section.
Section 45191.5 is added to the Education Code, to
31read:
(a) (1) In addition to any other entitlement for leave
33of absence for illness or injury with pay, a classified employee
34hired on or afterbegin delete January 1,2017,end deletebegin insert January 1, 2017,end insert who is a military
35veteran with a military service-connected disability rated at 30
36percent or more by the United States Department of Veterans
37Affairs shall be entitled to leave of absence for illness or injury
38with pay of up to 12 days for the purpose of undergoing medical
39treatment for his or her military service-connected disability.
P4 1(2) Credit for leave of
absence for illness or injury granted under
2this subdivision shall be credited to a qualifying classified
3employee on the first day of employment and shall remain available
4for use for the following 12 months of employment.
5(3) Leave of absence for illness or injury credited pursuant to
6this subdivision that is not used during the 12-month period shall
7not be carried over and shall be forfeited.
8(4) Submission of satisfactory proof that a leave of absence for
9illness or injury granted under this subdivision is used for treatment
10of a military service-connected disability may be required pursuant
11to rules adopted by the governing board of a school district.
12(b) A classified employee, as described in subdivision (a) and
13employed 5 daysbegin delete aend deletebegin insert
perend insert week, who is employed for less than a full
14fiscal year is entitled to that proportion of 12 days’ leave of absence
15for illness or injury granted pursuant to subdivision (a) as the
16number of months he or she is employed bears to 12.
17(c) A classified employee, as described in subdivision (a),
18employed less than 5 days per week shall be entitled to that
19proportion of 12 days’ leave of absence for illness or injury granted
20pursuant to subdivision (a) as the number of days he or she is
21employed per week bears to 5. When such persons are employed
22for less than a full fiscal year of service, this subdivision and
23subdivision (b) shall determine that proportion of leave of absence
24for illness or injury granted pursuant to subdivision (a) to which
25they are entitled.
26(d) To the extent that this section conflicts with a provision of
27a collective bargaining agreement entered into by a public school
28employer and an exclusive bargaining representative before January
291, 2017, pursuant to Chapter 10.7 (commencing with Section 3540)
30of Division 4 of Title 1 of the Government Code, this section shall
31not apply until expiration or renewal of that collective bargaining
32
agreement.
33
(d) Nothing in this section shall be construed to diminish the
34obligation of a public school employer to comply with any
35collective bargaining agreement entered into by a public school
36employer and an exclusive bargaining representative pursuant to
37Chapter 10.7 (commencing with Section 3540) of Division 4 of
38Title 1 of the Government Code that provides greater leave of
P5 1absence rights to employees than the rights established under this
2section.
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