Bill Text: CA SB731 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public school employees: former or current members of the Armed Forces of the United States or California National Guard: leave of absence for illness or injury.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-10-08 - Chaptered by Secretary of State. Chapter 597, Statutes of 2017. [SB731 Detail]
Download: California-2017-SB731-Amended.html
military veteran with a military service-connected disability rated at 30 percent or more by the United States Department of Veterans 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 treatment, including mental health treatment, for his or her military service-connected disability. military veteran with a military service-connected disability rated at 30 percent or more by the United States Department of Veterans 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 treatment, including mental health treatment, for his or her military service-connected disability.
Bill Title: Public school employees: former or current members of the Armed Forces of the United States or California National Guard: leave of absence for illness or injury.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-10-08 - Chaptered by Secretary of State. Chapter 597, Statutes of 2017. [SB731 Detail]
Download: California-2017-SB731-Amended.html
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Amended
IN
Assembly
July 05, 2017 |
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Amended
IN
Senate
May 03, 2017 |
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 amended, 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 to 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 to 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
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(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, effective date of the employee’s disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying certificated employee returns to employment after federal active duty, whichever is later, 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 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(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, effective date of the employee’s disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying classified employee returns to employment after federal active duty, whichever is later, 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 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
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.
