BILL ANALYSIS �
Senate Committee on Labor and Industrial Relations
Senator Ben Hueso, Chair
Date of Hearing: March 26, 2014 2013-2014 Regular
Session
Consultant: Deanna D. Ping Fiscal: No
Urgency: No
Bill No: SB 1234
Author: Block
As Amended: March 24, 2014
SUBJECT
Workers' Compensation.
KEY ISSUE
Should the Legislature extend "4850 Leave" to certain peace
officers including, but not limited to park rangers, housing
authority patrol officers, as well as various school and transit
police?
ANALYSIS
Existing law establishes a workers' compensation system that
provides benefits to an employee who suffers from an injury or
illness that arises out of and in the course of employment,
irrespective of fault. This system requires all employers to
secure payment of benefits by either securing the consent of the
Department of Industrial Relations to self-insure or by securing
insurance against liability from an insurance company duly
authorized by the state.
Existing law provides that certain public employees employed on
a regular, full-time basis regardless of their period of
service, who incur on the job injury or illness, are entitled to
receive disability payment for up to one year or earlier if the
employee retired on permanent disability, and is actually
receiving disability pension payment. These employees include:
a) City police officers;
b) City, county, or district firefighters;
c) Sheriffs;
d) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office;
e) County probation officers, group counselors, or juvenile
services officers; and
f) Lifeguards employed by a county of the first class or
the City of San Diego
g) Airport law enforcement officers
h) Harbor or port police officers, wardens, or special
officers of a harbor or port district or city or county
harbor department
i) Police officers of the Los Angeles Unified School
District
This leave of absence is set forth in Labor Code Section 4850
and is sometimes referred to as "4850 leave".
(Labor Code �4850)
This bill would extend the '4850' leave of absence to include
the following, but not limited to peace officers listed in
specified sections of the Penal Code:
1. Park rangers designated by a local agency or municipal
water district
2. Housing authority patrol officers employed by the
housing authority of a city, district, county, or city and
county or employed by the policy department of a city or
county
3. Various school safety officers including members of a
California Community College police department, police
department of a school district or any peace officer
employed by a K-12 public school district or California
Community College district who has completed specified
training
4. Various transit peace officers including members of the
San Francisco Bay Area Rapid Transit District Police
Department, transit police officers or peace officers of a
county, city, transit development board, or district, or
any railroad police officer commissioned by the Governor
5. Persons designated as a security officer by a municipal
utility district or county water district
6. A welfare fraud or child support investigator or
Hearing Date: March 26, 2014 SB 1234
Consultant: Deanna D. Ping Page 2
Senate Committee on Labor and Industrial Relations
inspector, regularly employed and paid in that capacity by
a county
7. The coroner and deputy coroners, regularly employed and
paid in that capacity of a county
COMMENTS
1. Need for this bill?
Labor Code Section 4850 entitles certain public safety
employees to a leave of absence without loss of salary if he
or she is disabled by an injury or illness arising out of the
course of his or her duties. This leave, known as 4850 leave,
is taken in lieu of disability payments and can last for up to
a year. Employees that are eligible to receive this benefit
include city police officers, city, county, or district
firefighters, and specified local lifeguards. According to the
author's office, there are current categories of peace
officers classifications that are not included and therefore
are not afforded the same disability benefits as city police
or firefighters such as a school campus or transit officer.
The Worker's Compensation Appeals Board (WCAB) in Joe Elmore
v. San Diego Unified School District (WCAB No. SDO 200582. SDO
200566) held the Worker's Compensation Judge's initial ruling
that the applicant, a school district police officer, was
entitled to Labor Code �4850 benefits. Specifically, the
decision states that Elmore "engaged in active law enforcement
duties. His stipulated job duties indicated he is faced with
the same life-threatening situations as city or county police
officers." The WCAB also found that there is "no basis for a
distinction in coverage between officers defined in Penal Code
Section 830.1 and those in Penal Code Section 830.32." The
decision also cites various cases in which officers from
agencies other than cities were found to be covered under
Labor Code �4850 including a housing authority police officer
and county safety police officer.
SB 1234 would expand 4850 leave to various transit and school
officers as well as other peace officers specified in Penal
Code.
Hearing Date: March 26, 2014 SB 1234
Consultant: Deanna D. Ping Page 3
Senate Committee on Labor and Industrial Relations
2. Proponent Arguments :
According to the sponsor of SB 1234, Peace Officers Research
Association of California (PORAC), the current language of
Labor Code �4850 was drafted before some specialized peace
officer categories were created, such as school police. PORAC
notes that this means that officers protecting school children
are not afforded the same disability leave rights as other
officers, simply because their specific law classification was
not included in the original drafting.
Proponents further argue that the standard to be cleared by a
physician to return to full duty for peace officers is much
higher than in any other profession, resulting in longer
recovery periods. The Hacienda La Puente Unified School
District Police Association along with other school police
associations contend that they do not have positions for
"light duty" assignments which results in the officer having
to remain at home, utilizing their own sick or vacation leave,
until they are full recovered. They note that for officers who
do not have accumulated leave needed to fully recover endure a
financial hardship for serving their community.
Additionally, the Santa Clara County Park Rangers' Association
argues that even though their park rangers are trained
wildland firefighters and peace officers they are ineligible
for 4850 leave because Santa Clara County is not a county of
the first class. Proponents contend that SB 1234 clarifies
Labor Code �4850 disability leave laws by affording any law
enforcement officer, regardless of jurisdiction, the rights of
leave of absence without loss of salary - enabling specialized
peace officers injured in the line of duty the time necessary
to recover without creating a financial hardship for their
families.
3. Opponent Arguments :
Opponents contend that the original intent of 4850 pay was,
for those officers hurt in the line of duty, to permit the
injured officer to concentrate on healing from their
work-caused illness or injury without financial worries.
Hearing Date: March 26, 2014 SB 1234
Consultant: Deanna D. Ping Page 4
Senate Committee on Labor and Industrial Relations
Opponents note that the pay is also meant to acknowledge the
special respect the public holds for those whose law
enforcement duties puts them in harm's way each and every day.
According to opponents, SB 1234 would impose new costs for
public employers by significantly expanding the application of
Labor Code �4850 disability benefits beyond the current eleven
categories listed in law. Opponents argue that SB 1234 would
have a large fiscal impact on local public entities to pay the
public safety officers full salary while they are unable to
work. Additionally, opponents note that while on leave, the
job of that officer is protected and the public employer faces
additional costs because it must either pay others on the
force extra overtime to cover that work of the absent officer
or use other temporary hires to cover that expense. Opponents
argue this adds new costs of the public employer that must
come from another part of that entity's General Fund.
Lastly, opponents also bring attention to the fact that many
public entities, including school districts, provide a salary
supplement (sometimes called Industrial Sick Leave supplement)
for up to a year to officers that are injured in the course of
employment.
4. Prior Legislation :
SB 527 (Block), Chapter 66, Statutes of 2013 added full-time
lifeguards employed by the City of San Diego to the list of
public safety officers eligible for 4850 leave.
AB 2397 (Solorio) of 2010 would have authorized a public
agency and a peace officer to mutually agree to extend a leave
of absence with full pay applicable to the public safety
officer injured on the job beyond the one year period
authorized by law for up to one additional year. The bill was
vetoed by Governor Schwarzenegger.
AB 1227 (Feuer), Chapter 389, Statutes of 2009 removed the
requirement that safety officers can only be eligible for 4850
leave time if they belong to a public retirement system, and
instead only required that the safety officers be employed on
Hearing Date: March 26, 2014 SB 1234
Consultant: Deanna D. Ping Page 5
Senate Committee on Labor and Industrial Relations
a regular, full-time basis. This bill was signed by Governor
Schwarzenegger.
SUPPORT
Peace Officers Research Association of California (Sponsor)
California Applicants' Attorneys Association
California College and University Police Chiefs Association
California State Coroners' Association
Hacienda La Puente Unified School District Police Officer
Association
Los Angeles School Police Association
San Bernardino Police Officers Association
San Diego School Police Officers Association
Santa Clara County Park Rangers' Association
OPPOSITION
The California Association of Joint Powers Authorities
Hearing Date: March 26, 2014 SB 1234
Consultant: Deanna D. Ping Page 6
Senate Committee on Labor and Industrial Relations