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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