Bill Text: CA AB2397 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Workers' compensation: public employees: leaves of
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-09-29 - Vetoed by Governor. [AB2397 Detail]
Download: California-2009-AB2397-Amended.html
Bill Title: Workers' compensation: public employees: leaves of
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-09-29 - Vetoed by Governor. [AB2397 Detail]
Download: California-2009-AB2397-Amended.html
BILL NUMBER: AB 2397 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 9, 2010
INTRODUCED BY Assembly Member Solorio
FEBRUARY 19, 2010
An act to amend Section 4850 of the Labor Code, relating to
workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2397, as amended, Solorio. Workers' compensation: public
employees: leaves of absence.
Existing workers' compensation law requires employers to secure
the payment of workers' compensation, including medical treatment,
for injuries incurred by their employees that arise out of, and in
the course of, employment.
Existing law generally provides that whenever certain public
employees who are employed on a regular, full-time basis, and are
disabled, whether temporarily or permanently, by injury or illness
arising out of, and in the course of, their duties, they are required
to become entitled, regardless of their period of service with the
public employer, to a leave of absence while so disabled without loss
of salary in lieu of temporary disability payments or maintenance
allowance payments, if any, for the period of 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 payment, or certain advanced disability pension
payment.
This bill would provide that the injured employee and his
or her employer employees and the employer through
the collective bargaining process may mutually agree to extend
the leave of absence under the above-described provisions beyond the
one year period of disability, but that the extension may only be for
a maximum of one additional year.
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) (1) 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 under Section 139.5, if
any, that would be payable under this chapter, for the period of the
disability, but not exceeding one year, unless the employees and
the employer through the collective bargaining process have mutually
agreed to extend the leave of absence beyond 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.
(2) If the employees and the employer through the collective
bargaining process have mutually agreed to extend the leave of
absence to which paragraph (1) applies beyond one year, the extension
may only be for a maximum of one additional year.
(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.
(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 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.
SECTION 1. Section 4850 of the Labor Code is
amended to read:
4850. (a) (1) 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 under Section 139.5, if any, that would be payable
under this chapter, for the period of the disability, but not
exceeding one year, unless the injured employee and his or her
employer have mutually agreed to extend the leave of absence beyond
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.
(2) If the injured employee and his or her employer mutually agree
to extend the leave of absence to which paragraph (1) applies beyond
one year, the extension may only be for a maximum of one additional
year.
(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.
(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 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
subdivision (b) who are employees of the City and County of San
Francisco.
