BILL ANALYSIS Ó Senate Committee on Labor and Industrial Relations William W. Monning, Chair Date of Hearing: June 12, 2013 2013-2014 Regular Session Consultant: Deanna D. Ping Fiscal:Yes Urgency: No Bill No: AB 11 Author: Logue As Amended: January 28, 2013 SUBJECT Employees: reserve peace officers and emergency rescue personnel KEY ISSUE Should the legislature permit an employee who performs emergency duty as a volunteer firefighter, reserve peace officer, or as emergency rescue personnel to take a protected leave of absence for fire, law enforcement, or emergency rescue training? ANALYSIS Existing law defines emergency rescue personal as any person who is an officer, employee, or member of a fire department or fire protection or firefighting agency of the federal government, State of California, a city, county, among others, whether that person is a volunteer or partly paid or fully paid, while he or she is actually engaged in providing emergency services. (Labor Code §230.3) Existing law states 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. (Labor Code §230.3) 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 14 days per calendar year, for the purpose of engaging in fire or law enforcement training. (Labor Code §230.4) Existing law states that an employee who works for an employer employing 50 or more employees who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against for taking time off to engage in fire or law enforcement training is entitled to reinstatement and reimbursement for lost wages and work benefits. (Labor Code §230.4) This bill would require an employer employing 50 or more employees to allow an employee who performs duty as a reserve peace officer or emergency rescue personnel to take temporary leaves of absence, for up to 14 days in a calendar year, to engage in fire, law enforcement, or emergency rescue training. COMMENTS 1. Need for this bill? According to the author's office, this bill was brought to his attention by a constituent from Butte County, who is a volunteer Search and Rescue Captain. Under current Labor Code, employers cannot discharge or discriminate against an employee for taking time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel. While the law protects the right of these individuals to take time off work for responding to actual emergencies, only volunteer firefighters receive job protection for taking a temporary leave of absence to participate in fire or law enforcement training. This bill would add the classifications of reserve peace officers and emergency rescue personnel to the provision of the law dealing with protected leave of absence for specified training - thereby providing the same job protections available to volunteer firefighters. Hearing Date: June 12, 2013 AB 11 Consultant: Deanna D. Ping Page 2 Senate Committee on Labor and Industrial Relations 2. Proponent Arguments : Proponents argue that AB 11 will revise current leave of absence provisions to apply to persons who perform emergency duties as a volunteer firefighter, emergency rescue personnel or as a reserve peace officer to take temporary leaves of absence for the purpose of receiving appropriate training. Proponents contend that it is a sensible bill that will help agencies assure that reserve officers, volunteer firefighters, and emergency rescue personnel will have access to needed training. 3. Opponent Arguments : None on file. 4. Prior Legislation : AB 2535 (Oller), Chapter 361, Statutes of 2000 - allows volunteer firefighters, who work for employers with 50 or more employees, to take unpaid leave of up to 14 days per year for fire or law enforcement training. Also provides that that any employee who is discriminated against for taking leave for these purposes, shall be entitled to reinstatement and reimbursement for lost wages. SB 1353 (Rainey), Chapter 244, Statutes of 2000 - prohibits an employer from discharging or discriminating against an employee who takes time off work to perform emergency duty as a reserve peace officer or emergency rescue personnel. Also entitles any employee who is wrongfully discharged or discriminated against to reinstatement and reimbursement for lost wages and benefits. SUPPORT California Police Chiefs Association California State Sheriffs' Association San Bernardino County Sheriff OPPOSITION Hearing Date: June 12, 2013 AB 11 Consultant: Deanna D. Ping Page 3 Senate Committee on Labor and Industrial Relations Hearing Date: June 12, 2013 AB 11 Consultant: Deanna D. Ping Page 4 Senate Committee on Labor and Industrial Relations