Amended in Assembly May 31, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2493


Introduced by Assembly Member Atkins

February 19, 2016


An act to amend Section 4800 of the Labor Code, relating to disability.

LEGISLATIVE COUNSEL’S DIGEST

AB 2493, as amended, 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 bybegin insert theend insert Department of Forestry and Fire Protectionbegin insert, whose principal duties include active fire suppression or prevention services,end insert entitled to thatbegin delete benefit regardless of whether the firefighter is assigned by the department to a position in fire prevention, fire suppression, or other capacity.end deletebegin insert benefit.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 4800 of the Labor Code is amended to
2read:

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4800.  

(a) If a member of the Department of Justice who is
2within the “state peace officer/firefighter” class is disabled by
3injury arising out of and in the course of his or her duties, he or
4she is entitled, regardless of his or her period of service with the
5Department of Justice, to a leave of absence while so disabled
6without loss of salary, in lieu of disability payments under this
7chapter, for a period of not exceeding one year. This section applies
8only to members of the Department of Justice whose principal
9duties consist of active law enforcement and does not apply to
10persons employed in the Department of Justice whose principal
11duties are those of telephone operator, clerk, stenographer,
12machinist, mechanic or otherwise clearly not within the scope of
13active law enforcement service, even though this person is subject
14to occasional call or is occasionally called upon to perform duties
15within the scope of active law enforcement service.

16(b) This section applies to law enforcement officers employed
17by the Department of Fish and Wildlife who are described in
18subdivision (e) of Section 830.2 of the Penal Code.

19(c) This section applies to harbor police officers employed by
20the San Francisco Port Commission who are described in Section
2120402 of the Government Code.

22(d) This section applies to all rank-and-file and supervisory
23firefighters employed bybegin insert theend insert Department of Forestry and Fire
24Protectionbegin delete regardless of whether the firefighter is assigned by the
25department to a position in fire prevention, fire suppression, or
26other capacity.end delete
begin insert whose principal duties include active fire
27suppression or prevention services.end insert

28(e) This section does not apply to periods of disability which
29occur subsequent to termination of employment by resignation,
30retirement or dismissal. In those circumstances in which this section
31does not apply, the employee is eligible for those benefits which
32would apply if this section had not been enacted.



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