BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 1180            
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          |Author:    |Jackson                                              |
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          |Version:   |February 18, 2016                       Hearing      |
          |           |Date:     April 20, 2016                             |
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          |Urgency:   |No                     |Fiscal:     |No              |
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          |Consultant:|Lenin Del Castillo                                   |
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          Subject:  Public school employees:  military veterans:  leave of  
          absence for illness or injury


            SUMMARY
          
          This bill provides school employees who are military veterans  
          with service-connected disabilities with additional paid leaves  
          of absence for illness or injury, for the purpose of undergoing  
          medical treatment for those disabilities during their first year  
          of employment.

            BACKGROUND
          
          Existing law:

          1)   Provides every certificated employee that is employed five  
               days a week by a school district with 10 days of leave of  
               absence for illness or injury and additional days that the  
               governing board may allow for illness or injury with full  
               pay for a year of service.  Certificated employees that are  
               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.  The governing board of each school district  
               shall adopt rules and regulations requiring and prescribing  
               the manner of proof of illness or injury to utilize sick  
               leave.  (Education Code § 44978)

          2)   Provides every classified employee that is employed five  







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               days a week by a school district with 12 days of leave of  
               absence for illness or injury and such additional days as  
               the governing board may allow for illness or injury with  
               full pay for a fiscal year of service.  Classified  
               employees that are employed less than five days per week  
               shall be entitled to that proportion of 12 days of this  
               leave of absence as the number of days worked per week is  
               proportional to five days per week.  The governing board of  
               each school district shall adopt rules and regulations  
               requiring and prescribing the manner of proof of illness or  
               injury to utilize sick leave.  (Education Code § 45191)

            ANALYSIS
          
          This bill:

          1)   Provides school employees, who are military veterans with  
               service-connected disabilities rated at 30 percent or  
               higher, with leaves of absence for illness or injury, with  
               pay and in addition to any other entitlement for leave of  
               absence for illness or injury, for the purpose of  
               undergoing medical treatment for those disabilities, as  
               follows:

               a)        Up to 10 days for certificated employees, as  
               specified.

               b)        Up to 12 days for classified employees, as  
               specified.

          2)   Regarding certificated school employees: 

                    a)             Establishes eligibility for an employee  
                    who is hired on or after January 1, 2017 and is a  
                    military veteran with a service-connected disability  
                    rated at 30 percent or more by the United States  
                    Department of Veterans Affairs (USDVA).

                    b)             Provides that certificated school  
                    employees 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.









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                    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.

          3)   Regarding classified school employees, establishes  
               eligibility for an employee who is hired on or after  
               January 1, 2017 and is a military veteran with a  
               service-connected disability rated at 30 percent or more by  
               the USDVA.

                    a)             Provides that classified school  
                    employees are 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.

                    b)             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.









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                    c)             Provides that leave of absence not used  
                    during the 12-month period shall not be carried over  
                    and shall be forfeited.

                    d)             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.

                    e)             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. 

                    f)             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.

          STAFF COMMENTS
          
          1)   Need for the bill.  According to the author's office, "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.  Many veterans are returning  
               from Iraq and Afghanistan with physical and mental health  
               issues that require medical attention.  Veterans Affairs  
               (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."

               The bill is intended to provide disabled veterans who are  
               new school employees with access to the care they may  
               require during their first year of employment without  
               having to take unpaid leave or worry about using up their  
               regular allotment of sick leave.    

          2)   Veterans with service-connected disabilities.  The Senate  








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               Committee on Veterans Affairs indicates that the United  
               States Department of Veterans Affairs (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%.

               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 United States Department of Veterans Affairs, 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.









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          3)   Collective bargaining agreements.  The bill currently  
               requires that to the extent that its provisions conflict  
               with a collective bargaining agreement entered into before  
               January 1, 2017, they shall not apply until expiration or  
               renewal of that collective bargaining agreement.  To enable  
               new school employees to benefit from the bill's provisions  
               immediately after its implementation date, staff  
               recommends, at the author's request, that the bill be  
               amended to specify that nothing in the bill prohibits a  
               collective bargaining agreement entered into by a public  
               school employer and an exclusive bargaining representative  
               that provides greater sick leave than the sick leave  
               established by this section. 
           
            SUPPORT
          
          California Association of County Veteran Service Officers
          California School Employees Association
          VFW Department of California
          Vietnam Veterans of American, California State Council

            OPPOSITION
           
           None received.


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