BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1180|
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                                      CONSENT 


          Bill No:  SB 1180
          Author:   Jackson (D) 
          Amended:  4/26/16  
          Vote:     21 

           SENATE VETERANS AFFAIRS COMMITTEE:  4-0, 4/12/16
           AYES:  Nielsen, Hueso, Allen, Roth
           NO VOTE RECORDED:  Nguyen

           SENATE EDUCATION COMMITTEE:  9-0, 4/20/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,  
            Vidak

           SUBJECT:   Public school employees:  military veterans:  leave  
                     of absence for illness or injury


          SOURCE:    Author

          DIGEST:  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.

          ANALYSIS:  
          
          Existing law:

          1)Provides every certificated employee, who 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, who are  
            employed less than five days per week, shall be entitled to  








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            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.

          2)Provides every classified employee, who is employed five 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, who 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.

          This bill:

          Regarding certificated school employees:

            1)  Establishes eligibility for an employee who meets the  
              following two criteria:

               a)     Hired on or after January 1, 2017;

               b)     Is a military veteran with a service-connected  
                 disability rated at 30% or more by the United States  
                 Department of Veterans Affairs (USDVA).

            2)  Provides eligible certified 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.

            3)  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.

            4)  Provides that leave of absence not used during the  








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              12-month period shall not be carried over and shall be  
              forfeited.

            5)  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.

            6)  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.

            7)  Provides that nothing in the above provisions shall be  
              construed to diminish the obligation of a public school  
              employer to comply with any collective bargaining agreement  
              that provides greater leave of absence rights to employees  
              than the rights established under this section.

           Regarding classified school employees:

            8)  Establishes eligibility for an employee who meets the  
              following two criteria:

               a)     Hired on or after January 1, 2017;

               b)     Is a military veteran with a service-connected  
                 disability rated at 30% or more by the USDVA.

            9)  Provides eligible classified school employees 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.

            10) 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.

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








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            12) 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.

            13) 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. 

            14) Provides that nothing in the above provisions shall be  
              construed to diminish the obligation of a public school  
              employer to comply with any collective bargaining agreement  
              that provides greater leave of absence rights to employees  
              than the rights established under this section.

          Background
          
          School Employees. Certificated school 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 school employees are not required to hold teaching  
          credentials. They comprise all other school district employees  
          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,  








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          and layoff rights. In addition, they are represented by  
          different unions in collective bargaining and other advocacy  
          activities.

          Veterans with Service-Connected Disabilities. The 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 compensation claims. The extent of health care provided  
          and 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 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-rating. Re-ratings can be initiated by administrative  








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          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.

          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 of 30% or more, 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 1) limits use of the sick  
          leave to medical treatment of the service-connected disability;  
          2) requires that the sick leave be credited on the first day of  
          employment and remain available for use for the following 12  
          months of employment; 3) prohibits the 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.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified4/27/16)


          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


          OPPOSITION:   (Verified4/27/16)


          None received










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          Prepared by:Wade Cooper Teasdale / V.A. / (916) 651-1503
          4/27/16 15:57:24


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