BILL NUMBER: AB 1227 CHAPTERED
BILL TEXT
CHAPTER 389
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 9, 2009
PASSED THE ASSEMBLY SEPTEMBER 10, 2009
AMENDED IN SENATE SEPTEMBER 4, 2009
AMENDED IN SENATE JUNE 15, 2009
INTRODUCED BY Assembly Member Feuer
FEBRUARY 27, 2009
An act to amend Section 4850 of the Labor Code, relating to
workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1227, Feuer. 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, and 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 are required to 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 or maintenance allowance payments, if
any, that would be payable for the period of 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 payment, or certain advanced disability pension
payment.
This bill would, for purposes of these provisions, require that
these employees be employed on a regular, 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 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.
(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.