BILL ANALYSIS                                                                                                                                                                                                    Ó






                 Senate Committee on Labor and Industrial Relations
                              Senator Ben Hueso, Chair

          Date of Hearing: June 11, 2014               2013-2014 Regular  
          Session                              
          Consultant: Deanna D. Ping                   Fiscal: Yes
                                                       Urgency: No
          
                                  Bill No: AB 2536
                                   Author: Mullin
                              As Amended: June 3, 2014
          

                                       SUBJECT
          
                       Employees: emergency rescue personnel. 


                                      KEY ISSUE

          Should the legislature expand the definition of emergency rescue  
          personnel, who receive certain benefits such as job protected  
          leave to perform an emergency duty, to include an officer,  
          employee, or member of a disaster medical response team  
          sponsored or requested by the state?


                                      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) 


           Existing federal law  prohibits under the  Uniformed Services  
          Employment and Reemployment Rights Act  (USERRA), employment  
          discrimination against a person on the basis of past military  
          service, current military obligations, or intent to serve in the  
          uniformed services.  An employer must not deny initial  
          employment, reemployment, retention in employment, promotion, or  
          any benefit of employment to a person on the basis of a past,  
          present, or future service obligation.  An employer must not  
          retaliate against a person because of an action taken to enforce  
          or exercise any USERRA right or for assisting in an USERRA  
          investigation.  In addition, certain disaster response work (and  
          authorized training for such work) is considered "service in the  
          uniformed services" and therefor protected under USERRA.

           

          This bill  expands the definition of emergency rescue personnel  
          to include an officer, employee, or member of a disaster medical  
          response team sponsored or requested by the state. This bill  
          would also require an employee who is a health care provider to  
          notify his or her employer at the time the employee becomes  
          designated as emergency rescue personnel and time of deployment.  



                                      COMMENTS


           California Emergency Medical Services Authority (EMSA) 
          Hearing Date:  June 11, 2014                            AB 2536  
          Consultant: Deanna D. Ping                               Page 2

          Senate Committee on Labor and Industrial Relations 
          










           Prior to 1980, California did not have a central state agency  
          responsible for ensuring the development and coordination of  
          emergency medical services (EMS) and programs statewide, the  
          EMSA was established.


          The EMSA is charged with providing leadership in developing and  
          implementing EMS systems throughout California and setting  
          standards for the training and scope of practice of various  
          levels of EMS personnel.  The EMSA also has responsibility for  
          promoting disaster medical preparedness throughout the state,  
          and, when required, coordinating and supporting the state's  
          medical response to major disasters.


          Responsibilities for disaster medical services preparedness and  
          response include the following, among other things:


                     Development and maintenance of disaster medical  
                 response plans, policies and procedures;


                     Enhancement of state and local disaster medical  
                 response capabilities through the development and  
                 creation of civilian disaster medical assistance teams  
                 (  CAL-MATs  ), Ambulance Strike Teams (ASTs), disaster  
                 medical communications systems, and a statewide medical  
                 mutual aid system;


                     Management, support and coordination of California's  
                 medical response to a disaster


          1.  Need for this bill?

            Many organizations within California rely upon the willing  
            participation of qualified persons in the event of a disaster.  
            According to the author's office, persons who might otherwise  
          Hearing Date:  June 11, 2014                             AB 2536  
          Consultant: Deanna D. Ping                               Page 3

          Senate Committee on Labor and Industrial Relations 
          








            sign up to be part of an organized disaster response team,  
            such as the California Medical Assistance Teams, may be  
            reluctant to do so because they fear job loss or other  
            retribution should they need to take time off for training  
            and/or event deployment. 

            AB 2536 would expand the definition of emergency rescue  
            personnel to include such disaster medical response team,  
            thereby providing such qualifying participants to receive job  
            protected leave to perform emergency duties or engage in  
            emergency rescue training. 

          2.  Proponent Arguments  :
            
            Proponents argue that AB 2536 would make California safer by  
            expanding the definition of emergency rescue personnel to  
            include an officer, employee, or member of a disaster medical  
            response team sponsored or requested by the state. Proponents  
            contend that the bill would enable many Californians to serve  
            or consider signing up with state coordinated emergency  
            response programs without fear of losing their full-time jobs  
            in the event of an emergency. 

            Proponents also argue in support of AB 2536's notification  
            provision that would require a health care provider to notify  
            his or her employer when they become a part of the disaster  
            medical response team and when they will be deployed.  
            Proponents argue that this specific provision would provide as  
            much advance notice as possible to plan for adequate emergency  
            department staffing when emergency physicians deploy to help  
            in disasters. Proponents contend that this requirement can  
            balance the public health need of those in need of disaster  
            assistance as well as those who seek care in emergency  
            departments. 

          3.  Opponent Arguments  :

            None on file. 

          4.  Prior Legislation  :

            AB 11 (Logue) Chapter 120, Statutes of 2013, requires an  
          Hearing Date:  June 11, 2014                             AB 2536 
          Consultant: Deanna D. Ping                               Page 4

          Senate Committee on Labor and Industrial Relations 
          








            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.


                                       SUPPORT

          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          The California Chapter of the American College of Emergency  
          Physicians (If Amended) 
          
                                     OPPOSITION
          
          None on file. 
























          Hearing Date:  June 11, 2014                             AB 2536  
          Consultant: Deanna D. Ping                               Page 5

          Senate Committee on Labor and Industrial Relations