BILL ANALYSIS Ó
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Jim Nielsen, Chair
2015 - 2016 Regular
Bill No: SB 1180 Hearing Date: 4/12/16
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|Author: |Jackson |
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|Version: |2/18/16 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Wade Teasdale |
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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
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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.
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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
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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%.
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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
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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
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