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