Senate Bill No. 1234

Introduced by Senator Block

February 20, 2014

An act to amend Section 4850 of the Labor Code, relating to workers’compensation.

LEGISLATIVE COUNSEL’S DIGEST

SB 1234, as introduced, Block. Workers’ compensation.

Existing law provides that certain peace officers, firefighters, and other specified state and local 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. 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 extend this leave of absence entitlement to certain peace officers who are not already described in these provisions, including, but not limited to, the Attorney General and special agents and investigators of the Department of Justice, certain park rangers designated by a local agency, and members of a California Community College police force.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 4850 of the Labor Code is amended to
read:

4850.  

(a) Whenever any person listed in subdivision (b), who
is employed on a regular, full-time basis, and is disabled, whether
temporarily or permanently, by injury or illness arising out of and
in the course of his or her duties, he or she shall become entitled,
regardless of his or her period of service with the city, county, or
district, to a leave of absence while so disabled without loss of
salary in lieu of temporary disability payments or maintenance
allowance payments, if any, that would be payable under this
chapter, for the period of the disability, but not exceeding one year,
or until that earlier date as he or she is retired on permanent
disability pension, and is actually receiving disability pension
payments, or advanced disability pension payments pursuant to
Section 4850.3.

(b) The persons eligible under subdivision (a) include all of the
following:

(1) City police officers.

(2) City, county, or district firefighters.

(3) Sheriffs.

(4) Officers or employees of any sheriff’s offices.

(5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney’s office.

(6) County probation officers, group counselors, or juvenile
services officers.

(7) Officers or employees of a probation office.

(8) Peace officers under Section 830.31 of the Penal Code
employed on a regular, full-time basis by a county of the first class.

(9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class or by the City of San Diego.

(10) Airport law enforcement officers under subdivision (d) of
Section 830.33 of the Penal Code.

(11) Harbor or port police officers, wardens, or special officers
of a harbor or port district or city or county harbor department
under subdivision (a) of Section 830.1 or subdivision (b) of Section
830.33 of the Penal Code.

(12) Police officers of the Los Angeles Unified School District.

begin insert

(13) Any person who is not described in paragraphs (1) to (11),
inclusive, who is a peace officer described in Section 830.1, 830.31,
830.32, 830.33, 830.34, or 830.35 of the Penal Code, except for
persons excluded pursuant to in subdivisions (c) and (f).

end insert

(c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a), and shall not
include any of the following:

(1) Employees of a police department whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.

(2) Employees of a county sheriff’s office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.

(3) Employees of a county probation office whose principal
duties are those of a telephone operator, clerk, stenographer,
machinist, mechanic, or otherwise, and whose functions do not
clearly come within the scope of active law enforcement service.

(4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise,
and whose functions do not clearly fall within the scope of active
firefighting and prevention service.

(d) If the employer is insured, the payments that, except for this
section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.

(e) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2 of the Penal Code, or by a city, county, or
district firefighter, shall be deemed to constitute family care and
medical leave, as defined in Section 12945.2 of the Government
Code, or to reduce the time authorized for family care and medical
leave by Section 12945.2 of the Government Code.

(f) This section shall not apply to any persons described in
paragraph (1) or (2) of subdivision (b) who are employees of the
City and County of San Francisco.

(g) Amendments to subdivision (f) made by the act adding this
subdivision shall be applied retroactively to January 1, 2010.