SB 1234, as amended, 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,begin delete the Attorney General and special agents and investigators of the Department of Justice,end deletebegin insert any deputy
sheriffend insertbegin insert employed in a custodial assignment, a marshal or deputy marshal of a superior court or county,end insert 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 4850 of the Labor Code is amended to
2read:
(a) Whenever any person listed in subdivision (b), who
2is employed on a regular, full-time basis, and is disabled, whether
3temporarily or permanently, by injury or illness arising out of and
4in the course of his or her duties, he or she shall become entitled,
5regardless of his or her period of service with the city, county, or
6district, to a leave of absence while so disabled without loss of
7salary in lieu of temporary disability payments or maintenance
8allowance payments, if any, that would be payable under this
9chapter, for the period of the disability, but not exceeding one year,
10or until that earlier date as he or she is retired on permanent
11disability pension, and is actually receiving disability pension
12payments, or advanced disability pension
payments pursuant to
13Section 4850.3.
14(b) The persons eligible under subdivision (a) include all of the
15following:
16(1) City police officers.
17(2) City, county, or district firefighters.
18(3) Sheriffs.
19(4) Officers or employees of any sheriff’s offices.
20(5) Inspectors, investigators, detectives, or personnel with
21comparable titles in any district attorney’s office.
22(6) County probation officers, group counselors, or juvenile
23services officers.
24(7) Officers or employees of a probation office.
25(8) Peace officers under Section 830.31 of the Penal Code
26employed on a regular, full-time basis by a county of the first class.
27(9) Lifeguards employed year round on a regular, full-time basis
28by a county of the first class or by the City of San Diego.
29(10) Airport law enforcement officers under subdivision (d) of
30Section 830.33 of the Penal Code.
31(11) Harbor or port police officers, wardens, or special officers
32of a harbor or port district or city or county harbor department
33under subdivision (a) of Section 830.1 or subdivision (b) of Section
34830.33 of the
Penal Code.
35(12) Police officers of the Los Angeles Unified School District.
36(13) Any person who is not described in paragraphs (1) to (11),
37inclusive, who is a peace officer described inbegin insert subdivisionend insertbegin insert (a) or
38(c) ofend insert Section 830.1begin insert of the Penal Codeend insert,begin insert or Sectionend insert 830.31, 830.32,
39830.33, 830.34, or 830.35 ofbegin delete the Penal Codeend deletebegin insert
that codeend insert, except for
40persons excluded pursuant tobegin delete inend delete subdivisions (c) and (f).
P3 1(c) This section shall apply only to persons listed in subdivision
2(b) who meet the requirements of subdivision (a), and shall not
3include any of the following:
4(1) Employees of a police department whose principal duties
5are those of a telephone operator, clerk, stenographer, machinist,
6mechanic, or otherwise, and whose functions do not clearly fall
7within the scope of active law enforcement service.
8(2) Employees of a county sheriff’s office whose principal duties
9are those of a telephone operator, clerk, stenographer, machinist,
10mechanic,
or otherwise, and whose functions do not clearly come
11within the scope of active law enforcement service.
12(3) Employees of a county probation office whose principal
13duties are those of a telephone operator, clerk, stenographer,
14machinist, mechanic, or otherwise, and whose functions do not
15clearly come within the scope of active law enforcement service.
16(4) Employees of a city fire department, county fire department,
17or fire district whose principal duties are those of a telephone
18operator, clerk, stenographer, machinist, mechanic, or otherwise,
19and whose functions do not clearly fall within the scope of active
20firefighting and prevention service.
21(d) If the employer is insured, the payments that, except for this
22section, the
insurer would be obligated to make as disability
23indemnity to the injured, the insurer may pay to the insured.
24(e) No leave of absence taken pursuant to this section by a peace
25officer, as defined by Chapter 4.5 (commencing with Section 830)
26of Title 3 of Part 2 of the Penal Code, or by a city, county, or
27district firefighter, shall be deemed to constitute family care and
28medical leave, as defined in Section 12945.2 of the Government
29Code, or to reduce the time authorized for family care and medical
30leave by Section 12945.2 of the Government Code.
31(f) This section shall not apply to any persons described in
32paragraph (1) or (2) of subdivision (b) who are employees of the
33City and County of San Francisco.
34(g) Amendments to
subdivision (f) made by the act adding this
35subdivision shall be applied retroactively to January 1, 2010.
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