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