| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 346Introduced by Assembly Member CooperFebruary 04, 2019 An act to amend Section 4850 of the Labor Code, relating to workers compensation. LEGISLATIVE COUNSEL'S DIGESTAB 346, as introduced, Cooper. Workers compensation: leaves of absence.Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides that certain peace officers, firefighters, and other specified state and local 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. 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 add police officers employed by a school district, county office of education, or community college district to the list of public employees entitled to a leave of absence without loss of salary, in lieu of temporary disability payments, while disabled by injury or illness arising out of and in the course of employment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 any If a 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 the persons duties, he or she the person shall become entitled, regardless of his or her the persons 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, but not exceeding one year, or until that earlier date as he or she the person 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.(4) Officers or employees of any sheriffs offices.(5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorneys 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 by the City of San Diego.(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.(13) Police officers employed by a school district, county office of education, or community college 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 sheriffs 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 does 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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 346Introduced by Assembly Member CooperFebruary 04, 2019 An act to amend Section 4850 of the Labor Code, relating to workers compensation. LEGISLATIVE COUNSEL'S DIGESTAB 346, as introduced, Cooper. Workers compensation: leaves of absence.Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides that certain peace officers, firefighters, and other specified state and local 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. 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 add police officers employed by a school district, county office of education, or community college district to the list of public employees entitled to a leave of absence without loss of salary, in lieu of temporary disability payments, while disabled by injury or illness arising out of and in the course of employment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Enrolled September 09, 2019 Passed IN Senate September 05, 2019 Passed IN Assembly April 29, 2019 | |
| 6 | 5 | ||
| 7 | - | Enrolled September 09, 2019 | |
| 8 | - | Passed IN Senate September 05, 2019 | |
| 9 | - | Passed IN Assembly April 29, 2019 | |
| 6 | + | ||
| 7 | + | ||
| 10 | 8 | ||
| 11 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 12 | 10 | ||
| 13 | - | Assembly Bill | |
| 14 | - | ||
| 15 | - | No. 346 | |
| 11 | + | Assembly Bill No. 346 | |
| 16 | 12 | ||
| 17 | 13 | Introduced by Assembly Member CooperFebruary 04, 2019 | |
| 18 | 14 | ||
| 19 | 15 | Introduced by Assembly Member Cooper | |
| 20 | 16 | February 04, 2019 | |
| 21 | 17 | ||
| 22 | 18 | An act to amend Section 4850 of the Labor Code, relating to workers compensation. | |
| 23 | 19 | ||
| 24 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 21 | ||
| 26 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 23 | ||
| 28 | - | AB 346, Cooper. Workers compensation: leaves of absence. | |
| 24 | + | AB 346, as introduced, Cooper. Workers compensation: leaves of absence. | |
| 29 | 25 | ||
| 30 | 26 | Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides that certain peace officers, firefighters, and other specified state and local 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. 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 add police officers employed by a school district, county office of education, or community college district to the list of public employees entitled to a leave of absence without loss of salary, in lieu of temporary disability payments, while disabled by injury or illness arising out of and in the course of employment. | |
| 31 | 27 | ||
| 32 | 28 | Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides that certain peace officers, firefighters, and other specified state and local 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. The leave of absence is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers compensation system. | |
| 33 | 29 | ||
| 34 | 30 | This bill would add police officers employed by a school district, county office of education, or community college district to the list of public employees entitled to a leave of absence without loss of salary, in lieu of temporary disability payments, while disabled by injury or illness arising out of and in the course of employment. | |
| 35 | 31 | ||
| 36 | 32 | ## Digest Key | |
| 37 | 33 | ||
| 38 | 34 | ## Bill Text | |
| 39 | 35 | ||
| 40 | - | 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) If a 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 the persons duties, the person shall become entitled, regardless of the persons period of service with the city, county, or district, to a leave of absence while 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, but not exceeding one year, or until that earlier date as the person 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.(4) Officers or employees of any sheriffs offices.(5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorneys 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 by the City of San Diego.(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.(13) Police officers employed by a school district, county office of education, or community college 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 sheriffs 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) A leave of absence taken pursuant to this section by a peace officer, as defined by Chapter 4.5 (commencing with | |
| 36 | + | 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 any If a 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 the persons duties, he or she the person shall become entitled, regardless of his or her the persons 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, but not exceeding one year, or until that earlier date as he or she the person 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.(4) Officers or employees of any sheriffs offices.(5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorneys 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 by the City of San Diego.(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.(13) Police officers employed by a school district, county office of education, or community college 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 sheriffs 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 does 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. | |
| 41 | 37 | ||
| 42 | 38 | The people of the State of California do enact as follows: | |
| 43 | 39 | ||
| 44 | 40 | ## The people of the State of California do enact as follows: | |
| 45 | 41 | ||
| 46 | - | SECTION 1. Section 4850 of the Labor Code is amended to read:4850. (a) If a 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 the persons duties, the person shall become entitled, regardless of the persons period of service with the city, county, or district, to a leave of absence while 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, but not exceeding one year, or until that earlier date as the person 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.(4) Officers or employees of any sheriffs offices.(5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorneys 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 by the City of San Diego.(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.(13) Police officers employed by a school district, county office of education, or community college 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 sheriffs 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) A leave of absence taken pursuant to this section by a peace officer, as defined by Chapter 4.5 (commencing with | |
| 42 | + | SECTION 1. Section 4850 of the Labor Code is amended to read:4850. (a) Whenever any If a 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 the persons duties, he or she the person shall become entitled, regardless of his or her the persons 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, but not exceeding one year, or until that earlier date as he or she the person 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.(4) Officers or employees of any sheriffs offices.(5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorneys 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 by the City of San Diego.(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.(13) Police officers employed by a school district, county office of education, or community college 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 sheriffs 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 does 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. | |
| 47 | 43 | ||
| 48 | 44 | SECTION 1. Section 4850 of the Labor Code is amended to read: | |
| 49 | 45 | ||
| 50 | 46 | ### SECTION 1. | |
| 51 | 47 | ||
| 52 | - | 4850. (a) If a 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 the persons duties, the person shall become entitled, regardless of the persons period of service with the city, county, or district, to a leave of absence while 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, but not exceeding one year, or until that earlier date as the person 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.(4) Officers or employees of any sheriffs offices.(5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorneys 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 by the City of San Diego.(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.(13) Police officers employed by a school district, county office of education, or community college 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 sheriffs 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) A leave of absence taken pursuant to this section by a peace officer, as defined by Chapter 4.5 (commencing with | |
| 48 | + | 4850. (a) Whenever any If a 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 the persons duties, he or she the person shall become entitled, regardless of his or her the persons 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, but not exceeding one year, or until that earlier date as he or she the person 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.(4) Officers or employees of any sheriffs offices.(5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorneys 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 by the City of San Diego.(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.(13) Police officers employed by a school district, county office of education, or community college 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 sheriffs 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 does 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. | |
| 53 | 49 | ||
| 54 | - | 4850. (a) If a 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 the persons duties, the person shall become entitled, regardless of the persons period of service with the city, county, or district, to a leave of absence while 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, but not exceeding one year, or until that earlier date as the person 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.(4) Officers or employees of any sheriffs offices.(5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorneys 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 by the City of San Diego.(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.(13) Police officers employed by a school district, county office of education, or community college 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 sheriffs 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) A leave of absence taken pursuant to this section by a peace officer, as defined by Chapter 4.5 (commencing with | |
| 50 | + | 4850. (a) Whenever any If a 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 the persons duties, he or she the person shall become entitled, regardless of his or her the persons 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, but not exceeding one year, or until that earlier date as he or she the person 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.(4) Officers or employees of any sheriffs offices.(5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorneys 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 by the City of San Diego.(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.(13) Police officers employed by a school district, county office of education, or community college 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 sheriffs 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 does 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. | |
| 55 | 51 | ||
| 56 | - | 4850. (a) If a 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 the persons duties, the person shall become entitled, regardless of the persons period of service with the city, county, or district, to a leave of absence while 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, but not exceeding one year, or until that earlier date as the person 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.(4) Officers or employees of any sheriffs offices.(5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorneys 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 by the City of San Diego.(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.(13) Police officers employed by a school district, county office of education, or community college 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 sheriffs 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) A leave of absence taken pursuant to this section by a peace officer, as defined by Chapter 4.5 (commencing with | |
| 52 | + | 4850. (a) Whenever any If a 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 the persons duties, he or she the person shall become entitled, regardless of his or her the persons 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, but not exceeding one year, or until that earlier date as he or she the person 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.(4) Officers or employees of any sheriffs offices.(5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorneys 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 by the City of San Diego.(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.(13) Police officers employed by a school district, county office of education, or community college 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 sheriffs 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 does 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. | |
| 57 | 53 | ||
| 58 | 54 | ||
| 59 | 55 | ||
| 60 | - | 4850. (a) If a 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 the persons duties, the person shall become entitled, regardless of the persons period of service with the city, county, or district, to a leave of absence while 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, but not exceeding one year, or until that earlier date as the person is retired on permanent disability pension, and is actually receiving disability pension payments, or advanced disability pension payments pursuant to Section 4850.3. | |
| 56 | + | 4850. (a) Whenever any If a 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 the persons duties, he or she the person shall become entitled, regardless of his or her the persons 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, but not exceeding one year, or until that earlier date as he or she the person is retired on permanent disability pension, and is actually receiving disability pension payments, or advanced disability pension payments pursuant to Section 4850.3. | |
| 61 | 57 | ||
| 62 | 58 | (b) The persons eligible under subdivision (a) include all of the following: | |
| 63 | 59 | ||
| 64 | 60 | (1) City police officers. | |
| 65 | 61 | ||
| 66 | 62 | (2) City, county, or district firefighters. | |
| 67 | 63 | ||
| 68 | 64 | (3) Sheriffs. | |
| 69 | 65 | ||
| 70 | 66 | (4) Officers or employees of any sheriffs offices. | |
| 71 | 67 | ||
| 72 | 68 | (5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorneys office. | |
| 73 | 69 | ||
| 74 | 70 | (6) County probation officers, group counselors, or juvenile services officers. | |
| 75 | 71 | ||
| 76 | 72 | (7) Officers or employees of a probation office. | |
| 77 | 73 | ||
| 78 | 74 | (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. | |
| 79 | 75 | ||
| 80 | 76 | (9) Lifeguards employed year round on a regular, full-time basis by a county of the first class or by the City of San Diego. | |
| 81 | 77 | ||
| 82 | 78 | (10) Airport law enforcement officers under subdivision (d) of Section 830.33 of the Penal Code. | |
| 83 | 79 | ||
| 84 | 80 | (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. | |
| 85 | 81 | ||
| 86 | 82 | (12) Police officers of the Los Angeles Unified School District. | |
| 87 | 83 | ||
| 88 | 84 | (13) Police officers employed by a school district, county office of education, or community college district. | |
| 89 | 85 | ||
| 90 | 86 | (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: | |
| 91 | 87 | ||
| 92 | 88 | (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. | |
| 93 | 89 | ||
| 94 | 90 | (2) Employees of a county sheriffs 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. | |
| 95 | 91 | ||
| 96 | 92 | (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. | |
| 97 | 93 | ||
| 98 | 94 | (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. | |
| 99 | 95 | ||
| 100 | 96 | (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. | |
| 101 | 97 | ||
| 102 | - | (e) A leave of absence taken pursuant to this section by a peace officer, as defined by Chapter 4.5 (commencing with Secti | |
| 98 | + | (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. | |
| 99 | + | ||
| 100 | + | (f) This section shall does 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. | |
| 101 | + | ||
| 102 | + | (g) Amendments to subdivision (f) made by the act adding this subdivision shall be applied retroactively to January 1, 2010. |