2130 - Wounded Warriors Transitional Leave Act - Sick Leave

Category

Leave

Audience List

• Employee Relations Officers
• Labor Relations Officers
• Personnel Officers
• Personnel Transactions Supervisors

Synopsis

This policy

• Provides guidance on when employees are entitled to an additional sick leave credit and limitations on using sick leave under the Wounded Warriors Transitional Leave Act per Government Code section 19859.
• Provides documentation and retention requirements.

Introduction

This policy establishes the guidelines for the administration of Wounded Warrior Transitional Leave (WWTL) under California Government Code section 19859.

Statement

This policy applies to state employees who are eligible pursuant to Government Code section 19859.The additional sick leave credit is known as WWTL.

Veterans

A state employee hired on or after January 1, 2016, who is a veteran with a service-connected disability, rated 30 percent or more by the United States Department of Veterans Affairs (USDVA) shall be entitled to additional credit for sick leave with pay of up to 96 hours. WWTL may only be used for medical treatment, including mental health treatment related to the service-connected disability, as verified by the USDVA. This includes appointments, procedures or therapies directly related to the disability.

Credit for WWTL shall be granted to an eligible employee on the effective date of their disability rating decision from the USDVA or on the first day they begin or return to employment after active duty, whichever is later. The leave shall remain available for use during the subsequent 12 months of employment. Sick leave credit that is not used during the 12-month period shall not be carried over and shall be forfeited.

Effective January 1, 2019, an employee shall be granted WWTL for illness or injury on the date they receive confirmation of their disability application submission to the USDVA. Once the disability rating is received from the USDVA the employee shall inform their employer.

If the USDVA deems the employee ineligible the employee may use other available leave credits to cover the time off. If the USDVA deems the employee eligible, they are entitled to take up to 96 hours of leave for medical treatment. The total leave available will be reduced by any time used for such treatment prior to the disability rating decision. WWTL may only be used for medical treatment, including mental health treatment related to the service-connected disability, as verified by the USDVA. This includes appointments, procedures or therapies directly related to the disability.

Members of the National Guard or Federal Military Reserve Force

Effective January 1, 2018, Employees who serve in the National Guard or a federal military reserve and are called  to active duty may receive 96 hours of WWTL if they sustain a service-connected disability rated at 30 percent or higher by the USDVA. WWTL may only be used for medical treatment, including mental health treatment related to the service-connected disability, as verified by the USDVA. This includes appointments, procedures or therapies directly rated to the disability.

The 96 hours of sick leave shall be credited to a qualifying employee on the effective date of the employee’s disability rating decision from the USDVA or on the first day they begin or return to employment after active duty, whichever is later. This leave shall remain available for use for the subsequent 12 months of employment.

Application

For eligible employees, the sick leave is available for use for the following 12 months of employment. Additionally, the leave may only be used for treatment of the verified USDVA disability. Leave that is not used during the 12-month period shall not be carried over and shall be forfeited.

Any sick leave credited pursuant to subdivision (b) of Government Code 19859 shall be ineligible for conversion to service credit pursuant to Section 20963.

Eligible employees are required to submit a verification letter to their personnel office  to receive WWTL. A verification letter may be requested from any USDVA office by calling (800) 827-1000 or accessing a Veterans Affairs eBenefits account.

Tracking, Documentation and Retention

Departmental personnel offices are responsible for developing and implementing a method to track the credit, use, and expiration of WWTL. Additionally, WWTL will be maintained separate from any other sick leave balance. A separate leave type will not be available for users of the State Controller’s Office California Leave Accounting System. CalHR has created a sample tracking form for departments to use  to track WWTL. Departments are required to keep all records pertaining to this leave in case of an audit.

Example Scenarios

Question: Is WWTL applicable to employees hired prior to January 1, 2016, but received service-connected disability rating after January 1, 2016?

Answer: Anyone employed in 2016, regardless of their hire date is eligible for WWTL as long as they are a veteran with a service-connected disability rated at 30 percent or more by the USDVA and meet the criteria listed under Government Code section 19859 (b) (1).

Question: If an employee is hired after January 1, 2016,  and later receives a USDVA disability rating of 30 percent or more, when does the subsequent 12-month time frame to use the sick leave begin?

Answer: Pursuant to Government Code section 19859 (b) (2), credit for WWTL is provided to a qualifying employee on the effective date of the employee’s disability rating decision from the USDVA and shall remain available for use for the following 12 months of employment.

Question: Is WWTL leave granted under Government Code section 19859 (b) (3), limited to employees who receive their disability rating as part of the National Guard or federal military reserve on or after January 1, 2018?

Answer: Yes, this amendment to the law did not go into effect until January 1, 2018, therefore there is no entitlement prior to January 1, 2018.

Authorities

• Government Code section 19859
• Senate Bill 1312 (Chaptered in 2018)
• Senate Bill 221 (Chaptered in 2015)
• Senate Bill 728 (Chaptered in 2017)

Resources

Forms

• Wounded Warriors: Wounded Warriors Transition Leave Tracking Form

Authorized By

Melissa Russell
Chief
Personnel Management Division

Contact Person

Personnel Services Branch
Personnel Program Consultant , Personnel Services Branch
Phone: 916-909-3702
Fax: 916-327-1886
Email: psb@calhr.ca.gov

Superseded Policies

History

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