Senate Bill No. 559

Introduced by Senator Block

February 26, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

SB 559, as introduced, Block. Workers’ compensation: public employees.

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 Imperial Beach.

This bill would make legislative findings and declarations as to the necessity of a special statute for these employees of the City of Imperial Beach.

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 begin delete of end delete begin insert of, end insert
and in the course begin delete of end delete begin insert of, end insert 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 begin delete class or end delete begin insert class, end insert by the City of San begin delete Diego. end delete
begin insert Diego, or by the City of Imperial Beach. end insert

(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 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 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.

SEC. 2.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the work of lifeguards employed year
round on a regular, full-time basis by the City of Imperial Beach
requires the disability benefits of Section 4850 of the Labor Code.