BILL ANALYSIS Ó
AB 11
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Date of Hearing: March 20, 2013
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
AB 11 (Logue) - As Amended: January 28, 2013
SUBJECT : Employees: reserve peace officers and emergency
rescue personnel.
SUMMARY : Requires an employer employing 50 or more employees
to permit an employee who performs duty as a "reserve peace
officer" or as "emergency rescue personnel" to take temporary
leaves of absence, not to exceed 14 days per calendar year, for
the purpose of engaging in specified training.
EXISTING LAW :
1)Provides that no employer shall discharge or in any manner
discriminate against an employee for taking time off to
perform emergency duty as a volunteer firefighter, a reserve
peace officer, or emergency rescue personnel.
2)Requires an employer employing 50 or more employees, to permit
an employee who is a volunteer firefighter, to take temporary
leave of absence, not to exceed 14 days per calendar year, for
the purpose of engaging in fire or law enforcement training.
3)Provides that an employee who is discriminated against, as
specified, for taking the aforementioned leave for training is
entitled to reinstatement and reimbursement for lost wages and
work benefits.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, this bill was brought to
his attention by a constituent who is a local volunteer search
and rescue captain.
Existing Labor Code Section 230.3 provides that no employer
shall discharge or in any manner discriminate against an
employee for taking time off to perform emergency duty as a
volunteer firefighter, a reserve peace officer, or emergency
rescue personnel. Therefore, the law protects the right of
these individual to take time off work for engaging in actual
emergencies.
AB 11
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The law defines "emergency rescue personnel" to mean any person
who is an officer, employee, or member of a fire department or
fire protection or firefighting agency of the federal
government, the State of California, a city, county, city and
county, district, or other public or municipal corporation or
political subdivision of this state, or of a sheriff's
department, police department, or a private fire department,
whether that person is a volunteer or partly paid or fully paid,
while he or she is actually engaged in providing emergency
services, as specified.
However, the law with respect to time off for training time is
more narrowly written. A companion section of the law, Labor
Code Section 230.4, provides that an employer with 50 or more
employees must permit an employee who is a "volunteer
firefighter", to take temporary leave of absence, not to exceed
14 days per calendar year, for the purpose of engaging in fire
or law enforcement training. Despite the fact that "reserve
peace officers" and "emergency rescue personnel" are
specifically included in the section dealing with time off for
engaging in emergency duty, these individuals are not
specifically included in the provision of the law dealing with
time off for training. Therefore, this bill would add those
classifications of employees to the provision of existing law
dealing with volunteer firefighters.
Writing in support of this bill, the California Police Chiefs
Association states that it is a sensible bill that will help
agencies ensure that reserve officers have access to needed
training.
REGISTERED SUPPORT / OPPOSITION :
Support
California Police Chiefs Association
California State Sheriffs' Association
Opposition
None on file.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
AB 11
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