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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