SB 897, as amended, Roth. Workers’ compensation.
Existing law provides that certain peace officers, firefighters, and other specified 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, for the period of the disability, not to exceed one year. 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 allow certain employees of local agencies, including police officers, firefighters, and sheriffs, an additional year of a leave of absence without loss ofbegin delete salary, as specified.end deletebegin insert salary when injured by a
catastrophic injury at the hands of another, as defined.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4850.1 is added to the Labor Code, to
2read:
(a) begin insertFor purposes of this section, “catastrophic injury
4at the hands of another” includes the following injuries: severe
P2 1burns, severe bodily injuries resulting from a building collapse,
2and severe bodily injuries resulting from a shooting or stabbing.
3A catastrophic injury must have been incurred, during duty,
4through the direct result of the actions of another, including a
5battery, or through active firefighting operations without respect
6to the cause of the fire.end insert
7begin insert(b)end insertbegin insert end insert Whenever any person listed inbegin delete subdivision (b), end deletebegin insert this
8subdivision,end insert who is employed on a regular, full-time basis, and is
9begin delete disabled, whether temporarily or permanently,end deletebegin insert temporarily
10disabled, as determined by a physician,end insert by a catastrophic injury
11begin delete arising out of and in the course of his or her duties,end deletebegin insert
at the hands
12of another,end insert he or she shall become entitled, regardless of his or
13her period of service with the city, county, or district, to a leave
14of absence while so disabled without loss of salary in lieu of
15temporary disability payments or maintenance allowance payments,
16if any, that would be payable under this chapter, for the period of
17the disability, and an additional year to the one-year period
18pursuant to Section 4850, but no more than two years total, or until
19that earlier date as he or she is retired on permanent disability
20pension, and is actually receiving disability pension payments, or
21advanced disability pension payments pursuant to Section 4850.3.
22(b)
end delete
23begin insert(c)end insert The persons eligible under subdivisionbegin delete (a)end deletebegin insert (b)end insert include all of
24the following:
25(1) City police officers.
26(2) City, county, or district firefighters.
27(3) Sheriffs.
28(c)
end delete
29begin insert(d)end insert This section shall apply only to persons listed in subdivision
30begin delete (b)end deletebegin insert
(c)end insert who meet the requirements of subdivisionbegin delete (a),end deletebegin insert (b),end insert and shall
31not include any of the following:
32(1) Employees of a police department whose principal duties
33are those of a telephone operator, clerk, stenographer, machinist,
34mechanic, or otherwise, and whose functions do not clearly fall
35within the scope of active law enforcement service.
36(2) Employees of a county sheriff’s office whose principal duties
37are those of a telephone operator, clerk, stenographer, machinist,
38mechanic, or otherwise, and whose functions do not clearly come
39within the scope of active law enforcement
service.
P3 1(3) Employees of a city fire department, county fire department,
2or fire district whose principal duties are those of a telephone
3operator, clerk, stenographer, machinist, mechanic, or otherwise,
4and whose functions do not clearly fall within the scope of active
5firefighting and prevention service.
6(d)
end delete
7begin insert(e)end insert If the employer is insured, the payments that, except for this
8section, the insurer would be obligated to make as disability
9indemnity to the injured, the insurer may pay to the insured.
10(e)
end delete
11begin insert(f)end insert No leave of absence taken pursuant to this section by a city,
12county, or districtbegin delete firefighter,end deletebegin insert firefighterend insert shall be deemed to
13constitute family care and medical leave, as defined in Section
1412945.2 of the Government Code, or to reduce the time authorized
15for family care and medical leave by Section 12945.2 of the
16Government Code.
17
(g) This section shall not apply to any persons described in
18paragraph (1) or (2) of subdivision (c) who are employees of the
19City and County of San Francisco.
20
(h) A benefit received pursuant to this section is a temporary
21disability benefit and is subject to the aggregate disability payments
22time limit pursuant to subdivision (c) of Section 4656.
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