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