BILL ANALYSIS �
AB 2536
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Date of Hearing: April 23, 2014
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hern�ndez, Chair
AB 2536 (Mullin) - As Amended: March 28, 2014
SUBJECT : Employees: emergency rescue personnel.
SUMMARY : Expands the definition of emergency rescue personnel
to include an officer, employee, or member of a disaster medical
response team sponsored or requested by the state.
EXISTING STATE LAW :
1)Prohibits an employer from discharging or discriminating
against an employee for taking time off to perform emergency
duty as a volunteer firefighter, reserve peace officer, or
emergency rescue personnel.
2)Requires the employer to reinstate and reimburse an employee
who is discharged or discriminated against at work, if the
employer is found in violation of these provisions.
3)Defines emergency rescue personnel to include an officer,
employee, or member of a political subdivision of the state,
or of a sheriff's department, police department, or a private
fire department. Also, defines volunteer firefighter as it
relates to this bill.
4)Requires an employer employing 50 or more employees to allow
an employee who performs duty as a reserve peace officer or
emergency rescue personnel to take temporary leaves of
absence, for up to 14 days in a calendar year, to engage in
fire, law enforcement, or emergency rescue training.
EXISTING FEDERAL LAW prohibits under the Uniformed Services
Employment and Reemployment Rights Act (USERRA), employment
discrimination against a person on the basis of past military
service, current military obligations, or intent to serve in the
uniformed services. An employer must not deny initial
employment, reemployment, retention in employment, promotion, or
any benefit of employment to a person on the basis of a past,
present, or future service obligation. An employer must not
retaliate against a person because of an action taken to enforce
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or exercise any USERRA right or for assisting in an USERRA
investigation. In addition, certain disaster response work (and
authorized training for such work) is considered "service in the
uniformed services" and therefor protected under USERRA.
FISCAL EFFECT : Unknown
COMMENTS : Many organizations within California rely upon the
willing participation of qualified persons in the event of a
disaster. Current state law does not protect all emergency
rescue personnel, especially disaster medical response
personnel, and personnel in state coordinated programs such
California Medical Assistance Teams (CAL-MAT). Persons who
might otherwise sign up to be part of a state coordinated
programs, such as CAL-MAT, are reluctant to do so because they
fear job loss or other retribution should they need to take time
off for training or disaster services deployment. CAL-MAT, is a
state coordinated asset of the California Emergency Medical
Services Authority (EMSA) for use in major medical disasters
that often overwhelm local resources.
The author points out, CAL-MAT will be vital to ensuring
communities in California will not be left vulnerable when
federal disaster medical teams based in the state are deployed
to another state. EMSA is ready to begin formal recruitment for
members of CAL-MAT, however, lack of job protection due to
participation in the program is or would be a deterrent to those
who have expressed interest.
California Emergency Medical Services Authority (EMSA)
Prior to 1980, California did not have a central state agency
responsible for ensuring the development and coordination of
emergency medical services (EMS) and programs statewide, the
EMSA was established.
The EMSA is charged with providing leadership in developing and
implementing EMS systems throughout California and setting
standards for the training and scope of practice of various
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levels of EMS personnel. The EMSA also has responsibility for
promoting disaster medical preparedness throughout the state,
and, when required, coordinating and supporting the state's
medical response to major disasters.
Responsibilities for disaster medical services preparedness and
response include the following, among other things:
Development and maintenance of disaster medical response
plans, policies and procedures;
Enhancement of state and local disaster medical response
capabilities through the development and creation of civilian
disaster medical assistance teams ( CAL-MATs ), Ambulance Strike
Teams (ASTs), disaster medical communications systems, and a
statewide medical mutual aid system;
Management, support and coordination of California's medical
response to a disaster.
Federal Disaster Medical Assistance Team (DMAT)
DMATs are composed of physicians, nurse practitioners, physician
assistants, nurses, pharmacists and pharmacy technicians,
respiratory therapists, paramedics, Emergency Medical
Technicians, and a variety of other health and logistical
personnel. DMATs typically have 120-150 members, from which the
Team Leader chooses up to 50 members to deploy on missions
requiring a full team. Smaller strike teams or other modular
units can also be activated and deployed when less than
full-scale deployments are needed.
DMAT members are termed "intermittent" federal employees and
once activated by federal order, their status changes to that of
an active federal employee. Federally activated DMAT members
are protected from tort liability while in operation and are
also protected by the provisions of the USERRA which affords the
same protections extended to National Guard and Active Duty
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Military when they deploy in that their full-time jobs are not
placed in jeopardy. This protection was not until 2003 after an
act of congress.
PRIOR RELATED LEGISLATION :
AB 11 (Logue) Chapter 120, Statutes of 2013, requires an
employer employing 50 or more employees to allow an employee who
performs duty as a reserve peace officer or emergency rescue
personnel to take temporary leaves of absence, for up to 14 days
in a calendar year, to engage in fire, law enforcement, or
emergency rescue training.
REGISTERED SUPPORT / OPPOSITION :
Support
California Chapter of the American College of Emergency
Physicians
California Disaster Medical Services Association
Opposition
None on file.
Analysis Prepared by : Lorie Alvarez / L. & E. / (916)
319-2091