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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