California Assembly Bill AB2493 Introduced / Bill

 BILL NUMBER: AB 2493INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Atkins FEBRUARY 19, 2016 An act to amend Section 4800 of the Labor Code, relating to disability. LEGISLATIVE COUNSEL'S DIGEST AB 2493, as introduced, Atkins. Firefighters: disability. Existing law makes a member of the Department of Justice falling within the "state peace officer/firefighter" class, as specified, who is disabled by injury arising out of and in the course of his or her duties, entitled to a leave of absence while so disabled without loss of salary, in lieu of disability payments, as specified, for a period of not exceeding one year. This bill would make all rank-and-file and supervisory firefighters employed by Department of Forestry and Fire Protection entitled to that benefit regardless of whether the firefighter is assigned by the department to a position in fire prevention, fire suppression, or other capacity. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4800 of the Labor Code is amended to read: 4800. (a)  Whenever any   If a  member of the Department of Justice  falling   who is  within the "state peace officer/firefighter" class is disabled by injury arising out of and in the course of his or her duties, he or she  shall become  is  entitled, regardless of his or her period of service with the Department of  Justice   Justice,  to  a  leave of absence while so disabled without loss of salary, in lieu of disability payments under this chapter, for a period of not exceeding one year. This section  shall apply   applies  only to members of the Department of Justice whose principal duties consist of active law enforcement and  shall   does  not apply to persons employed in the Department of Justice whose principal duties are those of telephone operator, clerk, stenographer, machinist, mechanic or otherwise clearly not  falling  within the scope of active law enforcement service, even though this person is subject to occasional call or is occasionally called upon to perform duties within the scope of active law enforcement service. (b) This section  shall apply   applies  to law enforcement officers employed by the Department of Fish and Wildlife who are described in subdivision (e) of Section 830.2 of the Penal Code. (c) This section  shall apply   applies  to harbor police officers employed by the San Francisco Port Commission who are described in Section 20402 of the Government Code.  (d) This section applies to all rank-and-file and supervisory firefighters employed by Department of Forestry and Fire Protection regardless of whether the firefighter is assigned by the department to a position in fire prevention, fire suppression, or other capacity.   (d)   (e)  This section  shall   does  not apply to periods of disability which occur subsequent to termination of employment by resignation, retirement or dismissal.  When   In those circumstances in which  this section does not apply, the employee  shall be   is  eligible for those benefits which would apply if this section had not been enacted.