BILL ANALYSIS
AB 2397
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2397 (Solorio)
As Amended August 9, 2010
Majority vote
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|ASSEMBLY: |50-17|(May 13, 2010) |SENATE: |21-10|(August 19, |
| | | | | |2010) |
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Original Committee Reference: INS.
SUMMARY : Allows a public safety officer (peace officer or
firefighter) to negotiate through the collective bargaining
process to extend the one-year disability time off (so-called
"4850" time) to up to one additional year.
The Senate amendments add the requirement that a negotiation
between the employees and employer be through the collective
bargaining process.
EXISTING LAW :
1)Establishes a comprehensive system of benefits for workers
injured on the job, including temporary disability (TD)
benefits to replace wages during recovery from an injury.
2)Provides that TD benefits are calculated based on two-thirds
of the injured worker's wages, subject to a cap, and last up
to two years.
3)Provides that for public safety officers, a leave of absence
of up to one year with full pay is to be provided if one of
these officers is injured on the job and temporarily unable to
work.
4)Authorizes establishment of a "salary continuation plan" that
satisfies the requirements to pay TD benefits.
5)Defines "salary continuation plan" as a plan that is paid by
the employer pursuant to statute, collective bargaining
agreement, memorandum of understanding, or established
employer policy, and that provides salary on the employee's
regular payday that is not less than the salary to which the
employee is otherwise entitled, and not less than the
AB 2397
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temporary disability benefits would be.
AS PASSED BY THE ASSEMBLY , this bill allowed the individual
employee to negotiate directly with the employer.
FISCAL EFFECT : This bill is keyed non-fiscal
Analysis Prepared by : Mark Rakich / INS. / (916) 319-2086
FN: 0006114