SB 527, as introduced, Block. Workers’ compensation: public employees: leaves of absence.
Existing law provides that certain peace officers, firefighters, and other specified state and local public employees are entitled to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of employment. The leave of absence is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers’ compensation system.
This bill would extend this leave of absence entitlement to lifeguards employed year round on a regular, full-time basis by the City of San Diego.
This bill would make legislative findings and declarations as to the necessity of a special statute for these employees of the City of San Diego.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4850 of the Labor Code is amended to
2read:
(a) Whenever any person listed in subdivision (b), who
4is employed on a regular, full-time basis, and is disabled, whether
P2 1temporarily or permanently, by injury or illness arising out of and
2in the course of his or her duties, he or she shall become entitled,
3regardless of his or her period of service with the city, county, or
4district, to a leave of absence while so disabled without loss of
5salary in lieu of temporary disability payments or maintenance
6allowancebegin delete payments under Section 139.5,end deletebegin insert payments,end insert if any, that
7would be payable under this chapter, for the period of the disability,
8but not exceeding one year, or until that earlier date as
he or she
9is retired on permanent disability pension, and is actually receiving
10disability pension payments, or advanced disability pension
11payments pursuant to Section 4850.3.
12(b) The persons eligible under subdivision (a) include all of the
13following:
14(1) City police officers.
15(2) City, county, or district firefighters.
16(3) Sheriffs.
17(4) Officers or employees of any sheriff’s offices.
18(5) Inspectors, investigators, detectives, or personnel with
19comparable titles in any district attorney’s office.
20(6) County probation officers, group counselors, or juvenile
21
services officers.
22(7) Officers or employees of a probation office.
23(8) Peace officers under Section 830.31 of the Penal Code
24employed on a regular, full-time basis by a county of the first class.
25(9) Lifeguards employed year round on a regular, full-time basis
26by a county of the firstbegin delete class.end deletebegin insert class or by the City of San Diego.end insert
27(10) Airport law enforcement officers under subdivision (d) of
28Section 830.33 of the Penal Code.
29(11) Harbor or port police officers, wardens, or special officers
30of a harbor or
port district or city or county harbor department
31under subdivision (a) of Section 830.1 or subdivision (b) of Section
32830.33 of the Penal Code.
33(12) Police officers of the Los Angeles Unified School District.
34(c) This section shall apply only to persons listed in subdivision
35(b) who meet the requirements of subdivision (a), and shall not
36include any of the following:
37(1) Employees of a police department whose principal duties
38are those of a telephone operator, clerk, stenographer, machinist,
39mechanic, or otherwise, and whose functions do not clearly fall
40within the scope of active law enforcement service.
P3 1(2) Employees of a county sheriff’s office whose principal duties
2are those of a telephone operator, clerk, stenographer, machinist,
3mechanic, or
otherwise, and whose functions do not clearly come
4within the scope of active law enforcement service.
5(3) Employees of a county probation office whose principal
6duties are those of a telephone operator, clerk, stenographer,
7machinist, mechanic, or otherwise, and whose functions do not
8clearly come within the scope of active law enforcement service.
9(4) Employees of a city fire department, county fire department,
10or fire district whose principal duties are those of a telephone
11operator, clerk, stenographer, machinist, mechanic, or otherwise,
12and whose functions do not clearly fall within the scope of active
13firefighting and prevention service.
14(d) If the employer is insured, the payments that, except for this
15section, the insurer would be obligated to make as disability
16indemnity to the injured, the insurer may pay
to the insured.
17(e) No leave of absence taken pursuant to this section by a peace
18officer, as defined by Chapter 4.5 (commencing with Section 830)
19of Title 3 of Part 2 of the Penal Code, or by a city, county, or
20district firefighter, shall be deemed to constitute family care and
21medical leave, as defined in Section 12945.2 of the Government
22Code, or to reduce the time authorized for family care and medical
23leave by Section 12945.2 of the Government Code.
24(f) This section shall not apply to any persons described in
25paragraph (1) or (2) of subdivision (b) who are employees of the
26City and County of San Francisco.
27(g) Amendments to subdivision (f) made by the act adding this
28subdivision shall be applied retroactively to January 1, 2010.
The Legislature finds and declares that a special law
30is necessary and that a general law cannot be made applicable
31within the meaning of Section 16 of Article IV of the California
32Constitution because the work of lifeguards employed year round
33on a regular, full-time basis by the City of San Diego requires the
34disability benefits of Section 4850 of the Labor Code.
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