BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 559|
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                                   THIRD READING 


          Bill No:  SB 559
          Author:   Block (D)
          Introduced:2/26/15  
          Vote:     21  

          SENATE LABOR & IND. REL. COMMITTEE:  5-0, 4/8/15
          AYES:  Mendoza, Stone, Jackson, Leno, Mitchell

           SUBJECT:   Workers compensation:  public employees


          SOURCE:    Service Employees International Union, Local 221


          DIGEST:  This bill extends "4850 leave" to lifeguards employed  
          on an annual, full-time basis by the City of Imperial Beach.


          ANALYSIS:   


          Existing law: 

          1)Establishes a workers' compensation system that provides  
            benefits to an employee who suffers from an injury or illness  
            that arises out of and in the course of employment,  
            irrespective of fault.  This system requires all employers to  
            secure payment of benefits by either securing the consent of  
            the Department of Industrial Relations to self-insure or by  
            securing insurance against liability from an insurance company  
            duly authorized by the state.

          2)Provides for the payment of indemnity benefits if the  
            occupational injury causes temporary or permanent disability  
            which prevents the worker from returning to his or her job.   








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            In the case of temporary disability payments, the benefit is  
            two-thirds of the weekly loss in wages due to disability for  
            up to 104 weeks within five years (Labor Code §§ 4650, 4653,  
            4654 and 4656).

          3)Provides that certain public employees employed on a regular,  
            full-time basis regardless of their period of service, who  
            incur on the job injury or illness, are entitled to receive  
            disability payment for up to one year.  These employees  
            include:

             a)   City police officers;
             b)   City, county, or district firefighters;
             c)   Sheriffs;
             d)   Inspectors, investigators, detectives, or personnel with  
               comparable titles in any district attorney's office;
             e)   County probation officers, group counselors, or juvenile  
               services officers; and 
             f)   Lifeguards employed by Los Angeles County or the City of  
               San Diego.

          This leave of absence is set forth in Labor Code Section 4850  
          and is sometimes referred to as "4850 leave."
           
           This bill allows lifeguards employed year-round on a regular,  
          full-time basis by the City of Imperial Beach to be eligible for  
          "4850 leave."

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified 4/8/15)




          Service Employees International Union, Local 221 (source)












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          OPPOSITION:   (Verified4/8/15)


          None received


          ARGUMENTS IN SUPPORT:      The author and sponsor argue that  
          lifeguards employed by the City of Imperial Beach perform  
          similar work as their counterparts in San Diego and Los Angeles,  
          yet are currently unable to utilize "4850 leave."  Proponents  
          further note that lifeguards employed by the City of Imperial  
          Beach are exposed to dangers and threats similar to that of  
          police officers and firefighters as they regularly perform water  
          rescues, operate fire boats, assist in underwater diving  
          searches, and deliver emergency medical aid.  Proponents argue  
          that this bill repairs this inequity by extending "4850 leave"  
          provisions that cover lifeguards employed by the City of  
          Imperial Beach.





          Prepared by:Gideon Baum / L. & I.R. / (916) 651-1556
          4/10/15 12:06:35


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