AB 2493, as introduced, Atkins. Firefighters: disability.
Existing law makes a member of the Department of Justice falling within the “state peace officer/firefighter” class, as specified, who is disabled by injury arising out of and in the course of his or her duties, entitled to a leave of absence while so disabled without loss of salary, in lieu of disability payments, as specified, for a period of not exceeding one year.
This bill would make all rank-and-file and supervisory firefighters employed by Department of Forestry and Fire Protection entitled to that benefit regardless of whether the firefighter is assigned by the department to a position in fire prevention, fire suppression, or other capacity.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4800 of the Labor Code is amended to
begin deleteWhenever any end deletemember of the Department of
begin delete fallingend delete within the “state peace officer/firefighter”
P2 1class is disabled by injury arising out of and in the course of his
2or her duties, he or she
begin delete shall becomeend delete entitled, regardless of his
3or her period of service with the Department of
begin delete Justiceend delete to
4 leave of absence while so disabled without loss of salary, in lieu
5of disability payments under this chapter, for a period of not
6exceeding one year. This section
begin delete shall applyend delete only to
7members of the Department of Justice whose principal duties
8consist of active law enforcement and
begin delete shallend delete not apply to
9persons employed in the Department of Justice whose principal
10duties are those of telephone operator, clerk, stenographer,
11machinist, mechanic or otherwise clearly not
begin delete fallingend delete within the
12scope of active law enforcement service, even though this person
13is subject to occasional call or is occasionally called upon to
14perform duties within the scope of active law enforcement service.
15(b) This section
begin delete shall applyend delete to law enforcement officers
16employed by the Department of Fish and Wildlife who are
17described in subdivision (e) of Section 830.2 of the Penal Code.
18(c) This section
begin delete shall applyend delete to harbor police officers
19employed by the San Francisco Port Commission who are
20described in Section 20402 of the Government Code.
27 This section
begin delete shallend delete not apply to periods of disability
28which occur subsequent to termination of employment by
29resignation, retirement or dismissal.
begin delete Whenend delete this section does not apply, the employee begin delete shall beend delete
31 eligible for those benefits which would apply if this section had
32not been enacted.