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AB-872 Leave of absence: firefighters.(2021-2022)



Current Version: 02/17/21 - Introduced         Compare Versions information image


AB872:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 872


Introduced by Assembly Member Wood

February 17, 2021


An act to amend Section 4800 of the Labor Code, relating to workers’ compensation.


LEGISLATIVE COUNSEL'S DIGEST


AB 872, as introduced, Wood. Leave of absence: firefighters.
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. Among other workers’ compensation benefits, existing law entitles a member of the Department of Justice who comes within the “state peace officer/firefighter” class, a law enforcement officer employed by the Department of Fish and Wildlife, and a harbor police officer employed by the San Francisco Port Commission, as specified, who is disabled by injury arising out of and in the course of the member’s duties, to a leave of absence while so disabled without loss of salary, in lieu of disability payments, for a period not exceeding one year.
This bill would make that benefit available to all rank-and-file and supervisory firefighters employed by the Department of Forestry and Fire Protection whose principal duties include active fire suppression or prevention services.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 member of the Department of Justice falling within the “state peace officer/firefighter” class is disabled by injury arising out of and in the course of his or her the member’s duties, he or she shall become that member is entitled, regardless of his or her the member’s 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 not exceeding one year. This section applies only to members of the Department of Justice whose principal duties consist of active law enforcement and 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 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 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 the Department of Forestry and Fire Protection whose principal duties include active fire suppression or prevention services.

(d)

(e) This section shall does not apply to periods of disability that occur subsequent to termination of employment by resignation, retirement, or dismissal. When this section does not apply, the employee shall be is eligible for those benefits that would apply if this section had not been enacted.