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SB-731 Public school employees: military veterans: leave of absence for illness or injury.(2017-2018)

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Date Published: 02/17/2017 09:00 PM
SB731:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 731


Introduced by Senators Newman and Jackson

February 17, 2017


An act to amend Sections 44978.2 and 45191.5 of the Education Code, relating to school employees.


LEGISLATIVE COUNSEL'S DIGEST


SB 731, as introduced, Newman. Public school employees: military veterans: leave of absence for illness or injury.
Existing law requires a certificated employee hired on or after January 1, 2017, who is a military veteran with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs 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 his or her military service-connected disability, as specified.
This bill would expand these requirements to include a certificated employee who is a member or military veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the federal active duty recently completed.
Existing law requires a classified employee hired on or after January 1, 2017, who is a military veteran with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs 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 his or her military service-connected disability, as specified.
This bill would expand these requirements to include a classified employee who is a member or military veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the federal active duty recently completed.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 44978.2 of the Education Code is amended to read:

44978.2.
 (a) (1) In addition to any other entitlement for leave of absence for illness or injury with pay, a certificated employee hired on or after January 1, 2017, who is a military veteran with a military service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs Affairs, or a certificated employee who is a member or military veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization with a military service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs that was incurred during the federal active duty recently completed, shall be entitled to leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment for his or her military service-connected disability.
(2) Credit for leave of absence for illness or injury granted under this subdivision shall be credited to a qualifying certificated employee on the first day of employment and shall remain available for use for the following 12 months of employment.
(3) Leave of absence for illness or injury credited pursuant to this subdivision that is not used during the 12-month period shall not be carried over and shall be forfeited.
(4) Submission of satisfactory proof that a leave of absence for illness or injury granted under this subdivision is used for treatment of a military service-connected disability may be required pursuant to rules adopted by the governing board of a school district.
(b) A certificated employee, as described in subdivision (a), employed less than 5 days per week shall be entitled to that proportion of 10 days’ leave of absence for illness or injury granted pursuant to subdivision (a) as the number of days he or she is employed per week bears to 5.
(c)  Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater leave of absence rights to employees than the rights established under this section.

SEC. 2.

 Section 45191.5 of the Education Code is amended to read:

45191.5.
 (a) (1) In addition to any other entitlement for leave of absence for illness or injury with pay, a classified employee hired on or after January 1, 2017, who is a military veteran with a military service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs Affairs, or a classified employee who is a member or military veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization with a military service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs that was incurred during the federal active duty recently completed, shall be entitled to leave of absence for illness or injury with pay of up to 12 days for the purpose of undergoing medical treatment for his or her military service-connected disability.
(2) Credit for leave of absence for illness or injury granted under this subdivision shall be credited to a qualifying classified employee on the first day of employment and shall remain available for use for the following 12 months of employment.
(3) Leave of absence for illness or injury credited pursuant to this subdivision that is not used during the 12-month period shall not be carried over and shall be forfeited.
(4) Submission of satisfactory proof that a leave of absence for illness or injury granted under this subdivision is used for treatment of a military service-connected disability may be required pursuant to rules adopted by the governing board of a school district.
(b) A classified employee, as described in subdivision (a) and employed 5 days per week, who is employed for less than a full fiscal year is entitled to that proportion of 12 days’ leave of absence for illness or injury granted pursuant to subdivision (a) as the number of months he or she is employed bears to 12.
(c) A classified employee, as described in subdivision (a), employed less than 5 days per week shall be entitled to that proportion of 12 days’ leave of absence for illness or injury granted pursuant to subdivision (a) as the number of days he or she is employed per week bears to 5. When such persons are employed for less than a full fiscal year of service, this subdivision and subdivision (b) shall determine that proportion of leave of absence for illness or injury granted pursuant to subdivision (a) to which they are entitled.
(d) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater leave of absence rights to employees than the rights established under this section.