Amended in Assembly January 28, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 11


Introduced by Assembly Member Logue

December 3, 2012


An act to amend Section 230.4 of the Labor Code, relating to employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 11, as amended, Logue. Employees: reserve peace officers and emergency rescue personnel.

Existing law requires an employer employing 50 or more employees to permit an employee who is a volunteer firefighter to take temporary leaves of absence, not to exceed an aggregate of 14 days per calendar year, for the purpose of engaging in fire or law enforcement training.

This bill would revise these provisions to require those employers to permit an employee who performs emergency duty as a volunteer firefighter, reserve peace officer, or as emergency rescue personnel, as defined, to take the leave of absence described above for the purpose of engaging in firebegin delete orend deletebegin insert,end insert law enforcementbegin insert, or emergency rescuend insertbegin inserteend insert training.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 230.4 of the Labor Code is amended to
2read:

3

230.4.  

(a) An employee who performs duty as a volunteer
4firefighter, a reserve peace officer, or as emergency rescue
P2    1personnel, as defined in Section 230.3, and who works for an
2 employer employing 50 or more employees, shall be permitted to
3take temporary leaves of absence, not to exceed an aggregate of
414 days per calendar year, for the purpose of engaging in firebegin delete orend deletebegin insert, end insert
5 law enforcementbegin insert, or emergency rescueend insert training.

6(b) An employee who works for an employer employing 50 or
7more employees who is discharged, threatened with discharge,
8demoted, suspended, or in any other manner discriminated against
9in the terms and conditions of employment by his or her employer
10because the employee has taken time off to engage in firebegin delete orend deletebegin insert,end insert law
11enforcementbegin insert, or emergency rescueend insert training as provided in
12subdivision (a), is entitled to reinstatement and reimbursement for
13lost wages and work benefits caused by the acts of the employer.

14(c) An employee seeking reinstatement and reimbursement
15pursuant to this section may file a complaint with the Division of
16Labor Standards Enforcement in accordance with Section 98.7,
17and upon receipt of this type of complaint, the Labor Commissioner
18shall proceed as provided in that section.



O

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