Bill Text: CA SB897 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Workers' compensation.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB897 Detail]

Download: California-2015-SB897-Introduced.html

---

BILL NUMBER: SB 897	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Roth

                        JANUARY 21, 2016

   An act to add Section 4850.1 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 897, as introduced, Roth. Workers' compensation.
   Existing law provides that certain peace officers, firefighters,
and other specified 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, for the period of the
disability, not to exceed one year. 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 allow certain employees of local agencies,
including police officers, firefighters, and sheriffs, an additional
year of a leave of absence without loss of salary, as specified.
   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 4850.1 is added to the Labor Code, to read:
   4850.1.  (a) Whenever any person listed in subdivision (b), who is
employed on a regular, full-time basis, and is disabled, whether
temporarily or permanently, by a catastrophic injury 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, if any, that would be payable under
this chapter, for the period of the disability, and an additional
year to the one-year period pursuant to Section 4850, but no more
than two years total, 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.
   (b) The persons eligible under subdivision (a) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (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 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 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.