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SB-1144 Enhanced industrial disability leave: State Bargaining Unit 8.(2017-2018)

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Date Published: 09/28/2018 09:00 PM
SB1144:v96#DOCUMENT

Senate Bill No. 1144
CHAPTER 897

An act to amend Section 19871.3 of the Government Code, relating to public employment.

[ Approved by Governor  September 28, 2018. Filed with Secretary of State  September 28, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1144, Dodd. Enhanced industrial disability leave: State Bargaining Unit 8.
Existing law generally grants to state officers and employees who are members of the Public Employees’ Retirement System or the State Teachers’ Retirement System, among others, a right to industrial disability leave, as defined. Existing law also grants an employee who is a member of State Bargaining Unit 8 and is temporarily disabled in the course of state employment for more than 22 days an extended industrial disability leave benefit based on his or her net salary, as defined. Existing law authorizes the employee to receive this benefit for a period not to exceed 52 weeks after the date of injury or until the date the injury is declared permanent, whichever is earlier. Existing law also authorizes an eligible employee whose injuries are burn-related to receive that benefit for up to 156 weeks.
This bill would delete the above requirement that an employee of State Bargaining Unit 8 be temporarily disabled for a period that exceeds 22 consecutive days to be entitled to the enhanced industrial disability leave benefit. The bill would also include within this benefit any salary increases that the employee would have received during his or her leave. The bill would revise the above condition concerning an injury or illness being declared permanent to include that it also be declared stationary.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 19871.3 of the Government Code is amended to read:

19871.3.
 (a) If an employee who is a member of State Bargaining Unit 8 is temporarily disabled by illness or injury arising out of and in the course of state employment, he or she shall receive an enhanced industrial disability leave benefit. The enhanced industrial disability leave benefit shall be equivalent to the injured employee’s net salary, including any increases the employee would have received during the leave. The benefit may not exceed 52 weeks after the date of the occurrence of the injury or illness or until the date the injury or illness is declared permanent and stationary, whichever is earlier.
(b)  Notwithstanding the above 52-week limitation, an employee described in subdivision (a) whose injuries are burn-related may receive the benefit described in subdivision (a) for a period not to exceed 156 weeks after the date of the occurrence of the injury or illness or until the date the injury or illness is declared permanent and stationary, whichever is earlier.
(c) For purposes of this section, “net salary” means the amount of salary received after federal income tax, state income tax, and the employee’s retirement contribution has been deducted from the employee’s gross salary.