BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 11
Author: Logue (R)
Amended: 1/28/13 in Assembly
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 4-0, 6/12/13
AYES: Monning, Leno, Padilla, Yee
NO VOTE RECORDED: Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 4/18/13 (Consent) - See last page for
vote
SUBJECT : Employees: reserve peace officers and emergency
rescue personnel
SOURCE : Author
DIGEST : This bill requires 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.
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
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fully paid, while he or she is actually engaged in providing
emergency services.
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.
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.
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.
This bill requires 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
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.
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/20/13)
California Police Chiefs Association
California State Sheriffs' Association
San Bernardino County Sheriff
ASSEMBLY FLOOR : 76-0, 4/18/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,
Medina, Melendez, Morrell, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Holden, Lowenthal, Mitchell, Vacancy
PQ:nl 6/26/13 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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