BILL NUMBER: SB 1257	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Roth

                        FEBRUARY 21, 2014

   An act to amend Section 4850 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1257, as introduced, Roth. Workers' compensation.
   Existing law generally provides that certain state and local
public employees, including specified peace officers and
firefighters, are entitled to a leave of absence without loss of
salary while disabled, whether temporarily or permanently, by injury
or illness arising out of, and in the course of, his or her
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 make technical, nonsubstantive changes to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4850 of the Labor Code is amended to read:
   4850.  (a) Whenever any person listed in subdivision (b), who is
employed on a regular, full-time basis, and is disabled, whether
temporarily or permanently, by injury or illness arising out of and
in the course of his or her duties, he or she shall become entitled,
regardless of his or her period of service with the city, county, or
district, to a leave of absence while so disabled without loss of
salary in lieu of temporary disability payments or maintenance
allowance payments, if any, that would be payable under this chapter,
for the period of the disability, but not exceeding one year, or
until that earlier date as he or she is retired on permanent
disability pension, and is actually receiving disability pension
payments, or advanced disability pension payments pursuant to Section
4850.3.
   (b) The persons eligible under subdivision (a) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (4) Officers or employees of any sheriff's offices.
   (5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office.
   (6) County probation officers, group counselors, or juvenile
services officers.
   (7) Officers or employees of a probation office.
   (8) Peace officers under Section 830.31 of the Penal Code employed
on a regular, full-time basis by a county of the first class.
   (9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class or by the City of San Diego.
   (10) Airport law enforcement officers under subdivision (d) of
Section 830.33 of the Penal Code.
   (11) Harbor or port police officers, wardens, or special officers
of a harbor or port district or city or county harbor department
under subdivision (a) of Section 830.1 or subdivision (b) of Section
830.33 of the Penal Code.
   (12) Police officers of the Los Angeles Unified School District.
   (c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a), and shall not
include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a county probation office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
   (d) If the employer is insured, the payments that, except for this
section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (e)  No   A    leave of absence
taken pursuant to this section by a peace officer, as defined by
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, or by a city, county, or district firefighter, shall
 not  be deemed to constitute family care and medical leave,
as defined in Section 12945.2 of the Government Code, or to reduce
the time authorized for family care and medical leave by Section
12945.2 of the Government Code.
   (f) This section shall not apply to any persons described in
paragraph (1) or (2) of subdivision (b) who are employees of the City
and County of San Francisco.
   (g) Amendments to subdivision (f) made by the act adding this
subdivision shall be applied retroactively to January 1, 2010.