BILL ANALYSIS Ó SENATE COMMITTEE ON VETERANS AFFAIRS Senator Jim Nielsen, Chair 2015 - 2016 Regular Bill No: SB 1180 Hearing Date: 4/12/16 ----------------------------------------------------------------- |Author: |Jackson | |-----------+-----------------------------------------------------| |Version: |2/18/16 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Wade Teasdale | | | | ----------------------------------------------------------------- Subject: Public school employees: military veterans: leave of absence for illness or injury DESCRIPTION Summary: Provides for school employees - who are military veterans with service-connected disabilities rated at 30 percent or higher - leaves of absence for illness or injury, with pay, for the purpose of undergoing medical treatment for those disabilities, as follows: 1)Up to 10 days for certificated employees, as specified. 2)Up to 12 days for classified employees, as specified. Existing law: 1)Provides that certificated employees may use days of leave of absence for illness or injury, as specified. 2)Provides that classified employees may use days of leave of absence for illness or injury, as specified. This bill: 1)Regarding certificated school employees: a) Establishes eligibility for an employee who meets the following two criteria: i) Hired on or after January 1, 2017; ii) Is a military veteran with a SB 1180 (Jackson) Page 2 of ? service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs (USDVA or "VA"). b) 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 the service-connected disability, as specified. c) Provides that credit for this leave of absence for illness or injury shall be credited on the first day of employment and shall remain available for use for the following 12 months of employment. d) Provides that leave of absence not used during the 12-month period shall not be carried over and shall be forfeited. e) Provides that submission of satisfactory proof that use of this leave of absence is for treatment of a service-connected disability may be required pursuant to rules adopted by the governing board of a school district. f) Provides that an eligible employee, employed less than five days per week, shall be entitled to that proportion of 10 days of this leave of absence as the number of days worked per week is proportional to five days per week. g) Provides that, to the extent that this section conflicts with a provision of a collective bargaining agreement entered into before January 1, 2017, this section shall not apply until expiration or renewal of that collective bargaining agreement. 2)Regarding classified school employees: a) Establishes eligibility for an employee who meets the following two criteria: i) Hired on or after January 1, 2017; ii) Is a military veteran with a service-connected disability rated at 30 percent or more by the USDVA. SB 1180 (Jackson) Page 3 of ? b) 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 the service-connected disability, as specified. c) Provides that credit for this leave of absence for illness or injury shall be credited on the first day of employment and shall remain available for use for the following 12 months of employment. d) Provides that leave of absence not used during the 12-month period shall not be carried over and shall be forfeited. e) Provides that submission of satisfactory proof that use of this leave of absence is for treatment of a service-connected disability may be required pursuant to rules adopted by the governing board of a school district. f) Provides that a classified employee, who is employed five days a week, and who is employed for less than a full fiscal year, shall be entitled to that proportion of 12 days this leave of absence proportional as the number of months worked is proportional to 12 months. g) Provides that, to the extent that this section conflicts with a provision of a collective bargaining agreement entered into before January 1, 2017, this section shall not apply until expiration or renewal of that collective bargaining agreement. BACKGROUND School Employees There are two basic classifications of public school employees - certificated and classified. Certificated employees are required to hold a credential from the California Commission on Teacher Credentialing. While teachers are the most common type of certificated employee, the category also includes counselors, speech therapists, school psychologists, nurses, and school site administrators. Classified employees are not required to hold teaching credentials. They comprise all other school district employees SB 1180 (Jackson) Page 4 of ? not specifically exempted from classified service. Classified employees typically are those who maintain institutional infrastructure and support systems (e.g., security, food services, office and clerical work, school maintenance and operations, transportation, academic assistance and para-educator services, library and media assistance, computer services), but can include individuals who oversee other classified employees (e.g., director of food services) and certain other administrators. The distinctions between certificated and classified employees extend beyond the nature of their duties; for example, they typically have different employment, disciplinary, dismissal, and layoff rights. In addition, they are represented by different unions in collective bargaining and other advocacy activities. Veterans with Service-Connected Disabilities USDVA provides direct health care treatment and monetary compensation to veterans with service-connected disabilities. A service-connected disability is an injury or disease certified by the USDVA as having occurred during active duty, or made worse by active military service. The USDVA rates disabilities to facilitate in-patient and out-patient health care and to evaluate claims for disability compensation. The extent of health care provided and the amount of disability benefit paid may vary depending on the condition's rated severity. A veteran need not be totally disabled in order to be eligible for compensation. USDVA rates disability along a continuum of 0%-to-100% in 10% increments, depending upon the level of disability determined. The disability percentage also can be derived by analyzing the composite condition of an individual veteran with multiple disabilities. The 10% rating is the lowest for which compensable income is awarded. A veteran with a 100% rating will have one or more disabilities that significantly interfere with normal life functions. A veteran with a 0% rating may have a service-connected condition, but the condition does not interfere with normal life functions. The majority of disabled veterans are rated between 10% - 30%. SB 1180 (Jackson) Page 5 of ? In general, it makes sense for a veteran to seek an initial disability evaluation, even for a condition likely to receive only a 0% rating (which is not monetarily compensable). The reason is that the veteran, at a minimum, will have documented a service-connected health condition, which may deteriorate later into a more serious, perhaps compensable disability. In addition, individuals with a 0% rating may be eligible for federal and state veterans' benefits other than monetary compensation. As time passes, a veteran's disability claim may require re-ratings. The re-ratings can be initiated by administrative decisions by the USDVA, changes in law, advances in medical knowledge, or fluctuations in the veteran's physical or mental condition. A re-rating can cause an individual's percentage to go up or down. COMMENT Author Comments : "Many school employees accrue their sick leave slowly, or face limitations on how much sick leave they can take in their first months of employment as they transition to a new job. This can be particularly challenging for veterans facing service-related disabilities. "Many veterans are returning from Iraq and Afghanistan with physical and mental health issues that require additional medical attention. Indeed, veterans who served in Iraq and Afghanistan often faced multiple deployments, and have returned with injuries that would have been fatal in earlier wars. "Employers are best served when disabled veterans who are employees are getting the care they need. VA appointments can be difficult to schedule and even harder 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. "Professionals working within the VA system frequently have medical expertise on issues such as PTSD and traumatic brain injury that can be lacking in civilian medical settings. Veterans can receive significant benefit from treatment and SB 1180 (Jackson) Page 6 of ? medical care from professionals and peers who understand the unique context of their disabilities." Related/Prior Legislation : SB 221 (Jackson, Chapter 794, Statutes of 2015 ) grants a state officer or employee, who is a military veteran with a service-connected disability rated at 30% or more by USDVA, and who is hired on or after January 1, 2016, an additional credit for sick leave with pay of up to 96 hours. This bill a) limits use of this sick leave to medical treatment of the employee's military service-connected disability; b) requires that this sick leave be credited on the first day of employment and remain available for use for the following 12 months of employment; 3) prohibits this sick leave from being carried over after 12 months; and 4) permits employing agencies to require "submission of satisfactory proof" that the sick leave is being used for treatment of a service-connected disability, pursuant to rules adopted by the Department of Human Resources. POSITIONS Sponsor: Author Support: California Association of County Veterans Service Officers California School Employees Association Veterans of Foreign Wars - Department of California Vietnam Veterans of American - California State Council Oppose: None received -- END --