BILL ANALYSIS
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THIRD READING
Bill No: AB 2397
Author: Solorio (D)
Amended: 8/9/10 in Senate
Vote: 21
SENATE LABOR & INDUST. RELATIONS COMMITTEE : 4-1, 6/23/10
AYES: DeSaulnier, Ducheny, Leno, Yee
NOES: Hollingsworth
NO VOTE RECORDED: Wyland
ASSEMBLY FLOOR : 50-17, 5/13/10 - See last page for vote
SUBJECT : Workers compensation: public employees:
leaves of
absence
SOURCE : Peace Officers Research Association of
California
DIGEST : This bill provides that the employees and the
employer through the collective bargaining process may
mutually agree to extend the leave of absence under
specified provisions beyond the one-year period of
disability, but that the extension may only be for a
maximum of one additional year.
Senate Floor Amendments of 8/9/10 clarify that an agreement
between peace officers and public agencies to extend leave
of absences due industrial injury must be agreed to in a
collective bargaining agreement.
CONTINUED
AB 2397
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2
ANALYSIS : Existing workers' compensation law requires
employers to secure the payment of workers' compensation,
including medical treatment, for injuries incurred by their
employees that arise out of, and in the course of,
employment.
Existing law generally provides that whenever certain
public employees who are employed on a regular, full-time
basis, and are disabled, whether temporarily or
permanently, by injury or illness arising out of, and in
the course of, their duties, they are required to become
entitled, regardless of their period of service with the
public employer, to a leave of absence while so disabled
without loss of salary in lieu of temporary disability
payments or maintenance allowance payments, if any, for the
period of disability, but not exceeding one year, or until
that earlier date as he/she is retired on permanent
disability pension, and is actually receiving disability
pension payment, or certain advanced disability pension
payment.
This bill provides that the employees and the employer
through the collective bargaining process may mutually
agree to extend the leave of absence under specified
provisions beyond the one-year period of disability, but
that the extension may only be for a maximum of one
additional year.
Prior Legislation
AB 1227 (Feuer), Chapter 389, Statutes 2009, removed the
requirement that safety officers can only be eligible for
4850 leave time if they belong to a public retirement
system, and instead only requires that the safety officers
be employed on a regular, full-time basis. The bill passed
the Senate Floor (26-8) on September 9, 2009.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/9/10)
Peace Officers Research Association of California (source)
AB 2397
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3
California Applicants' Attorneys Association
California Fire Fighters Association
California Nurses Association/National Nurses Organizing
Committee
California State Association of Electrical Workers
California State Pipe Trades Council
Western States Council of Sheet Metal Workers
OPPOSITION : (Verified 8/9/10)
California Association of Joint Powers Authorities
California Coalition on Workers Compensation
CSAC Excess Insurance Authority
ARGUMENTS IN SUPPORT : Supporters argue that this bill is
a simple measure that provides flexibility for both
employers and employees, and addresses the fact that few
agencies or employees think about this issue until
circumstances present an employee not quite ready to return
to work. Supporters also note that in this bill this
agreement is optional, and will ensure that a peace officer
who wishes to return to work but is not immediately healthy
enough to do so after a year will be able to negotiate an
agreement for additional time for treatment.
ARGUMENTS IN OPPOSITION : Opponents argue that a
negotiated rule or plan is preferable to this bill because
an employer is placed in the untenable position of risking
the appearance of favoritism if it is required to respond
to individual requests, and that the bill is less favorable
to the employee than the current law because the salary
continuation plan law does not have a one-year cap.
Opponents also note that regular 4850 time, plus AB 2397
time, plus the two years of regular temporary disability
that public safety officers are entitled to means that an
officer can be paid for four years after an injury without
returning to work, at substantial cost to the local
government employer.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Chesbro, Coto, Davis, De La
AB 2397
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4
Torre, De Leon, Eng, Evans, Feuer, Fong, Fuentes,
Furutani, Galgiani, Hall, Hayashi, Hernandez, Hill,
Huber, Huffman, Jones, Lieu, Bonnie Lowenthal, Ma,
Mendoza, Monning, Nava, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Solorio, Swanson, Torlakson,
Torres, Torrico, Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Conway, DeVore,
Gaines, Garrick, Gilmore, Harkey, Knight, Logue, Miller,
Nestande, Niello, Smyth, Audra Strickland, Villines
NO VOTE RECORDED: Tom Berryhill, Cook, Emmerson, Fletcher,
Fuller, Hagman, Jeffries, Nielsen, Norby, Silva, Skinner,
Tran, Vacancy
PQ:mw 8/10/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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