SB 1257, as introduced, Roth. Workers’ compensation.
Existing law generally provides that certain state and local public employees, including specified peace officers and firefighters, are entitled to a leave of absence without loss of salary while disabled, whether temporarily or permanently, by injury or illness arising out of, and in the course of, his or her 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 make technical, nonsubstantive changes to that provision.
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
4is employed on a regular, full-time basis, and is disabled, whether
5temporarily or permanently, by injury or illness arising out of and
6in the course of his or her duties, he or she shall become entitled,
7regardless of his or her period of service with the city, county, or
8district, to a leave of absence while so disabled without loss of
P2 1salary in lieu of temporary disability payments or maintenance
2allowance payments, if any, that would be payable under this
3chapter, for the period of the disability, but not exceeding one year,
4or until that earlier date as he or she is retired on permanent
5disability pension, and is actually receiving disability pension
6payments, or advanced disability pension payments pursuant to
7Section 4850.3.
8(b) The persons eligible under subdivision (a) include
all of the
9following:
10(1) City police officers.
11(2) City, county, or district firefighters.
12(3) Sheriffs.
13(4) Officers or employees of any sheriff’s offices.
14(5) Inspectors, investigators, detectives, or personnel with
15comparable titles in any district attorney’s office.
16(6) County probation officers, group counselors, or juvenile
17services officers.
18(7) Officers or employees of a probation office.
19(8) Peace officers under Section 830.31 of the Penal Code
20employed on a regular, full-time basis by a county of the first class.
21(9) Lifeguards employed year round on a regular, full-time basis
22by a county of the first class or by the City of San Diego.
23(10) Airport law enforcement officers under subdivision (d) of
24Section 830.33 of the
Penal Code.
25(11) Harbor or port police officers, wardens, or special officers
26of a harbor or port district or city or county harbor department
27under subdivision (a) of Section 830.1 or subdivision (b) of Section
28830.33 of the Penal Code.
29(12) Police officers of the Los Angeles Unified School District.
30(c) This section shall apply only to persons listed in subdivision
31(b) who meet the requirements of subdivision (a), and shall not
32include any of the following:
33(1) Employees of a police department whose principal duties
34are those of a telephone operator, clerk, stenographer, machinist,
35mechanic, or otherwise, and whose functions do not clearly fall
36within the scope of active law enforcement service.
37(2) Employees of a county sheriff’s office whose principal duties
38are those of a telephone operator, clerk, stenographer, machinist,
39mechanic, or otherwise, and whose functions
do not clearly come
40within the scope of active law enforcement service.
P3 1(3) Employees of a county probation office whose principal
2duties are those of a telephone operator, clerk, stenographer,
3machinist, mechanic, or otherwise, and whose functions do not
4clearly come within the scope of active law enforcement service.
5(4) Employees of a city fire department, county fire department,
6or fire district whose principal duties are those of a telephone
7operator, clerk, stenographer, machinist, mechanic, or otherwise,
8and whose functions do not clearly fall within the scope of active
9firefighting and prevention service.
10(d) If the employer is insured, the payments that, except for this
11section, the insurer would be obligated to make as disability
12indemnity to the injured, the insurer may pay to the insured.
13(e) begin deleteNo end deletebegin insertA
end insertleave of absence taken pursuant to this section by a
14peace officer, as defined by Chapter 4.5 (commencing with Section
15830) of Title 3 of Part 2 of the Penal Code, or by a city, county,
16or district firefighter, shallbegin insert notend insert be deemed to constitute family care
17and medical leave, as defined in Section 12945.2 of the
18Government Code, or to reduce the time authorized for family care
19and medical leave by Section 12945.2 of the Government Code.
20(f) This section shall not apply to any persons described in
21paragraph (1) or (2) of subdivision (b) who are employees of the
22City and County of San Francisco.
23(g) Amendments to subdivision (f) made by the act adding this
24subdivision shall be applied retroactively to January 1, 2010.
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