BILL NUMBER: AB 419	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 13, 2008
	PASSED THE ASSEMBLY  AUGUST 15, 2008
	AMENDED IN SENATE  APRIL 17, 2008
	AMENDED IN SENATE  AUGUST 20, 2007
	AMENDED IN SENATE  AUGUST 1, 2007

INTRODUCED BY   Assembly Member Lieber

                        FEBRUARY 16, 2007

   An act to amend Section 4850 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 419, Lieber. Workers' compensation: public employees: leaves of
absence.
   Existing workers' compensation law requires employers to secure
the payment of workers' compensation, including medical treatment,
for injuries incurred by their employees that arise out of, or in the
course of, employment.
   Existing law generally provides that whenever certain public
employees who are members of the Public Employees' Retirement System
or the Los Angeles City Employees' Retirement System or subject to
the County Employees Retirement Law of 1937 are disabled, whether
temporarily or permanently, by injury or illness arising out of and
in the course of their duties, they shall become entitled, regardless
of their period of service with the public employer, to a leave of
absence while so disabled without loss of salary in lieu of temporary
disability payments, for a period not exceeding one year.
   This bill would, for purposes of these provisions, require that
these employees be employed on a regular, or full-time basis, but
would eliminate the requirement that these employees be members of
the Public Employees' Retirement System or the Los Angeles City
Employees' Retirement System or subject to the County Employees
Retirement Law of 1937. The bill would also include local park
rangers, community college police, and police of a school district
among the public employees entitled to the above-described leave of
absence. The bill would provide that the provisions pertaining to a
leave of absence shall not apply to certain public safety personnel
who are employees of the City and County of San Francisco.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4850 of the Labor Code is amended to read:
   4850.  (a) Whenever any person listed in subdivision (b), who is
employed on a regular, full-time basis, and is disabled, whether
temporarily or permanently, by injury or illness arising out of and
in the course of his or her duties, he or she shall become entitled,
regardless of his or her period of service with the city, county, or
district, to a leave of absence while so disabled without loss of
salary in lieu of temporary disability payments or maintenance
allowance payments under Section 139.5, if any, that would be payable
under this chapter, for the period of the disability, but not
exceeding one year, or until that earlier date as he or she is
retired on permanent disability pension, and is actually receiving
disability pension payments, or advanced disability pension payments
pursuant to Section 4850.3.
   (b) The persons eligible under subdivision (a) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (4) Officers or employees of any sheriff's offices.
   (5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office.
   (6) County probation officers, group counselors, or juvenile
services officers.
   (7) Officers or employees of a probation office.
   (8) Peace officers under Section 830.31 of the Penal Code employed
on a regular, full-time basis by a county of the first class.
   (9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class.
   (10) Airport law enforcement officers under subdivision (d) of
Section 830.33 of the Penal Code.
   (11) Harbor or port police officers, wardens, or special officers
of a harbor or port district or city or county harbor department
under subdivision (a) of Section 830.1 or subdivision (b) of Section
830.33 of the Penal Code.
   (12) Police officers of the Los Angeles Unified School District.
   (13) Local park rangers, as defined in subdivision (b) of Section
830.31 of the Penal Code.
   (14) California Community College police, as defined in
subdivision (a) of Section 830.32 of the Penal Code.
   (15) Police officers of a school district, as defined in
subdivision (b) of Section 830.32 of the Penal Code.
   (c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a), and shall not
include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a county probation office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
   (d) If the employer is insured, the payments that, except for this
section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (e) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, or by a city, county, or
district firefighter, shall be deemed to constitute family care and
medical leave, as defined in Section 12945.2 of the Government Code,
or to reduce the time authorized for family care and medical leave by
Section 12945.2 of the Government Code.
   (f) This section shall not apply to any persons described in
subdivision (b) who are employees of the City and County of San
Francisco.