PA 07-112—SB 1186

Select Committee on Veterans' Affairs

Labor and Public Employees Committee

Appropriations Committee

AN ACT CONCERNING STATE EMPLOYEES SERVING IN OPERATION JUMP START OR CERTAIN OTHER OPERATIONS

SUMMARY: This act extends (1) paid leave to state employees called by the president or governor to active service in “Operation Jump Start” at the border of the United States and Mexico and (2) health insurance coverage to such employees and their dependents. These employees get (1) full state pay for active-duty leave up to 30 days and (2) payment of the difference between their state pay (including longevity) and military pay after 30 days. These employees and their dependents continue to receive state health insurance coverage for the duration of the call-up as long as the employees continue to make their co-payments at pre-activation levels.

The law already provides these same benefits to state employees called to active service in (1) Operation Enduring Freedom (Afghanistan war), (2) Operation Noble Eagle (anti-terrorism activities within the United States), (3) any related military or emergency operation whose mission was substantially changed because of the September 11, 2001 terrorist attacks, (4) any federal or state action authorized by the governor to support Operation Liberty Shield or combat terrorism in the United States, and (5) military action authorized by the president against Iraq.

The act prohibits employers from denying benefits to state employees called to active service in the above conflicts solely because of any collective bargaining agreement classifying their leave as recess or other equivalent leave rather than vacation. These include bargaining agreements covering state employees in teaching, instructional, or professional positions in Unified School Districts 1, 2, or 3.

EFFECTIVE DATE: Upon passage

EMPLOYEES CALLED TO ACTIVE SERVICE

By law, state employees called to active service during various wars and conflicts continue to accrue vacation time to which they would have been entitled had they continued working in their state jobs. The act specifies that they must continue to accrue equivalent leave, which it defines as leave classified as other than vacation or sick time, including recess. It specifies that employees must be credited with their accrued vacation time, equivalent leave time, and sick time. But if the accrued time would cause an employee to exceed any limit placed on leave by statutes, regulations, or collective bargaining agreement, the employer must waive the limit to allow the employee to use the excess leave before the last of the following:

1. from the date of the employee's discharge from active service until he or she returns to state employment,

2. not later than 120 calendar days after the employee returns to state employment, or

3. not later than 120 calendar days after the employee is credited with the excess leave time.

OLR Tracking: VRKS: PF: TS