BILL ANALYSIS Ó
AB 2536
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CONCURRENCE IN SENATE AMENDMENTS
AB 2536 (Mullin)
As Amended June 3, 2014
Majority vote
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|ASSEMBLY: |78-0 |(May 15, 2014) |SENATE: |35-0 |(July 3, 2014) |
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Original Committee Reference: L. & E.
SUMMARY : 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 and requires
the designated employee to notify their employer of deployment,
as specified.
The Senate amendments state an employee who is a health care
provider, as defined, to notify his or her employer at the time
the employee becomes designated as emergency rescue personnel
and when the employee is notified that he or she will be
deployed as a result of that designation.
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.
EXISTING STATE LAW :
1)Prohibits an employer from discharging or discriminating
against an employee for taking time off to perform emergency
duty as a volunteer firefighter, reserve peace officer, or
emergency rescue personnel.
AB 2536
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2)Requires the employer to reinstate and reimburse an employee
who is discharged or discriminated against at work, if the
employer is found in violation of these provisions.
3)Defines emergency rescue personnel to include an officer,
employee, or member of a political subdivision of the state,
or of a sheriff's department, police department, or a private
fire department. Also, defines volunteer firefighter as it
relates to this bill.
4)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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : Many organizations within California rely upon the
willing participation of qualified persons in the event of a
disaster. Current state law does not protect all emergency
rescue personnel, especially disaster medical response
personnel, and personnel in state coordinated programs such
California Medical Assistance Teams (CAL-MAT). Persons who
might otherwise sign up to be part of a state coordinated
programs, such as CAL-MAT, are reluctant to do so because they
fear job loss or other retribution should they need to take time
off for training or disaster services deployment. CAL-MAT, is a
state coordinated asset of the California Emergency Medical
Services Authority (EMSA) for use in major medical disasters
that often overwhelm local resources.
The author points out, CAL-MAT will be vital to ensuring
communities in California will not be left vulnerable when
federal disaster medical teams based in the state are deployed
to another state. EMSA is ready to begin formal recruitment for
members of CAL-MAT, however, lack of job protection due to
participation in the program is or would be a deterrent to those
who have expressed interest.
Please see policy committee analysis for more detailed comments
and background information.
AB 2536
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Analysis Prepared by : Lorie Alvarez / L. & E. / (916)
319-2091
FN: 0004067