Bill Text: CA SB1180 | 2015-2016 | Regular Session | Chaptered
Bill Title: Public school employees: military veterans: leave of absence for illness or injury.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-27 - Chaptered by Secretary of State. Chapter 728, Statutes of 2016. [SB1180 Detail]
Download: California-2015-SB1180-Chaptered.html
BILL NUMBER: SB 1180 CHAPTERED
BILL TEXT
CHAPTER 728
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2016
APPROVED BY GOVERNOR SEPTEMBER 27, 2016
PASSED THE SENATE APRIL 28, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN SENATE APRIL 26, 2016
INTRODUCED BY Senator Jackson
FEBRUARY 18, 2016
An act to add Sections 44978.2 and 45191.5 to the Education Code,
relating to school employees.
LEGISLATIVE COUNSEL'S DIGEST
SB 1180, Jackson. Public school employees: military veterans:
leave of absence for illness or injury.
(1) Under existing law, a certificated employee may, at his or her
election, use days of leave of absence for illness or injury
allowed, pursuant to specified existing law.
This bill would require that 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. The bill would provide
that nothing in these provisions 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 that provides greater leave of
absence rights to employees than the rights established under these
provisions.
(2) Under existing law, a classified employee may, at his or her
election, use days of leave of absence for illness or injury allowed,
pursuant to specified existing law.
This bill would require 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. The bill would provide
that nothing in these provisions 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 that provides greater leave of
absence rights to employees than the rights established under these
provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44978.2 is added to the Education Code, 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 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 is added to the Education Code, 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 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.
