BILL ANALYSIS �
Senate Committee on Labor and Industrial Relations
Senator Ben Hueso, Chair
Date of Hearing: June 11, 2014 2013-2014 Regular
Session
Consultant: Deanna D. Ping Fiscal: Yes
Urgency: No
Bill No: AB 2536
Author: Mullin
As Amended: June 3, 2014
SUBJECT
Employees: emergency rescue personnel.
KEY ISSUE
Should the legislature expand the definition of emergency rescue
personnel, who receive certain benefits such as job protected
leave to perform an emergency duty, to include an officer,
employee, or member of a disaster medical response team
sponsored or requested by the state?
ANALYSIS
Existing law defines emergency rescue personal as any person who
is an officer, employee, or member of a fire department or fire
protection or firefighting agency of the federal government,
State of California, a city, county, among others, whether that
person is a volunteer or partly paid or fully paid, while he or
she is actually engaged in providing emergency services.
(Labor Code �230.3)
Existing law states that no employer shall discharge or in any
manner discriminate against an employee for taking time off to
perform emergency duty as a volunteer firefighter, a reserve
peace officer, or emergency rescue personnel. (Labor Code
�230.3)
Existing law requires an employer employing 50 or more employees
to permit an employee who is a volunteer firefighter to take
temporary leaves of absence, not to exceed 14 days per calendar
year, for the purpose of engaging in fire or law enforcement
training.
(Labor Code �230.4)
Existing law states that an employee who works for an employer
employing 50 or more employees who is discharged, threatened
with discharge, demoted, suspended, or in any other manner
discriminated against for taking time off to engage in fire or
law enforcement training is entitled to reinstatement and
reimbursement for lost wages and work benefits.
(Labor Code �230.4)
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
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.
This bill 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. This bill
would also require an employee who is a health care provider to
notify his or her employer at the time the employee becomes
designated as emergency rescue personnel and time of deployment.
COMMENTS
California Emergency Medical Services Authority (EMSA)
Hearing Date: June 11, 2014 AB 2536
Consultant: Deanna D. Ping Page 2
Senate Committee on Labor and Industrial Relations
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
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
1. Need for this bill?
Many organizations within California rely upon the willing
participation of qualified persons in the event of a disaster.
According to the author's office, persons who might otherwise
Hearing Date: June 11, 2014 AB 2536
Consultant: Deanna D. Ping Page 3
Senate Committee on Labor and Industrial Relations
sign up to be part of an organized disaster response team,
such as the California Medical Assistance Teams, may be
reluctant to do so because they fear job loss or other
retribution should they need to take time off for training
and/or event deployment.
AB 2536 would expand the definition of emergency rescue
personnel to include such disaster medical response team,
thereby providing such qualifying participants to receive job
protected leave to perform emergency duties or engage in
emergency rescue training.
2. Proponent Arguments :
Proponents argue that AB 2536 would make California safer by
expanding 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. Proponents
contend that the bill would enable many Californians to serve
or consider signing up with state coordinated emergency
response programs without fear of losing their full-time jobs
in the event of an emergency.
Proponents also argue in support of AB 2536's notification
provision that would require a health care provider to notify
his or her employer when they become a part of the disaster
medical response team and when they will be deployed.
Proponents argue that this specific provision would provide as
much advance notice as possible to plan for adequate emergency
department staffing when emergency physicians deploy to help
in disasters. Proponents contend that this requirement can
balance the public health need of those in need of disaster
assistance as well as those who seek care in emergency
departments.
3. Opponent Arguments :
None on file.
4. Prior Legislation :
AB 11 (Logue) Chapter 120, Statutes of 2013, requires an
Hearing Date: June 11, 2014 AB 2536
Consultant: Deanna D. Ping Page 4
Senate Committee on Labor and Industrial Relations
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.
SUPPORT
American Federation of State, County and Municipal Employees,
AFL-CIO
The California Chapter of the American College of Emergency
Physicians (If Amended)
OPPOSITION
None on file.
Hearing Date: June 11, 2014 AB 2536
Consultant: Deanna D. Ping Page 5
Senate Committee on Labor and Industrial Relations