Bill Text: CA AB2047 | 2017-2018 | Regular Session | Introduced
Bill Title: Workers’ compensation: City of Oceanside.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-05-02 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2047 Detail]
Download: California-2017-AB2047-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
Assembly Bill | No. 2047 |
Introduced by Assembly Members Chávez and Gonzalez Fletcher |
February 06, 2018 |
An act to amend Section 4850 of the Labor Code, relating to workers’ compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2047, as introduced, Chávez.
Workers’ compensation: City of Oceanside.
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, that generally requires employers to secure the payment of workers’ compensation for injuries incurred by their employees that arise out of, or in the course of, employment. Existing law entitles certain peace officers, firefighters, and other specified state and local public employees 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 lifeguards employed year round on a regular, full-time basis by the City of
Oceanside.
This bill would make legislative findings and declarations as to the necessity of a special statute for employees of the City of Oceanside.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
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(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
a 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 class, by the City of San Diego.
Diego, or by the City of Oceanside.
(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.
(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 A 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 not 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.