Existing law generally grants to state officers and employees who are members of the Public Employees Retirement System or the State Teachers Retirement System, among others, a right to industrial disability leave, as defined. Existing law defines an excluded employee to include managerial employees and supervisors, among others. Existing law provides an enhanced industrial disability leave benefit to an excluded employee who is temporarily disabled for more than 22 consecutive working days by an injury or type of injury designated by the Director of the Department of Human Resources as qualifying for these purposes.

This bill would provide an employee who is a member of State Bargaining Unit 8 and is temporarily disabled in the course of state employment for more than 22 days an extended industrial disability leave benefit based on his or her net salary, as defined. The bill would authorize the employee to receive this benefit for a period not to exceed 52 weeks after the date of injury or until the date the injury is declared permanent, whichever is earlier. The bill would additionally authorize an eligible employee whose injuries are burn-related to receive the benefit for up to 156 weeks.

Existing law generally grants to state officers and employees who are members of the Public Employees Retirement System or the State Teachers Retirement System, among others, a right to industrial disability leave, as defined. Existing law defines an excluded employee to include managerial employees and supervisors, among others. Existing law provides an enhanced industrial disability leave benefit to an excluded employee who is temporarily disabled for more than 22 consecutive working days by an injury or type of injury designated by the Director of the Department of Human Resources as qualifying for these purposes.

This bill would provide an employee who is a member of State Bargaining Unit 8 and is temporarily disabled in the course of state employment for more than 22 days an extended industrial disability leave benefit based on his or her net salary, as defined. The bill would authorize the employee to receive this benefit for a period not to exceed 52 weeks after the date of injury or until the date the injury is declared permanent, whichever is earlier. The bill would additionally authorize an eligible employee whose injuries are burn-related to receive the benefit for up to 156 weeks.

Existing law generally grants to state officers and employees who are members of the Public Employees Retirement System or the State Teachers Retirement System, among others, a right to industrial disability leave, as defined. Existing law defines an excluded employee to include managerial employees and supervisors, among others. Existing law provides an enhanced industrial disability leave benefit to an excluded employee who is temporarily disabled for more than 22 consecutive working days by an injury or type of injury designated by the Director of the Department of Human Resources as qualifying for these purposes.

This bill would make a nonsubstantive change to provisions relating to enhanced industrial disability leave, as described above. provide an employee who is a member of State Bargaining Unit 8 and is temporarily disabled in the course of state employment for more than 22 days an extended industrial disability leave benefit based on his or her net salary, as defined. The bill would authorize the employee to receive this benefit for a period not to exceed 52 weeks after the date of injury or until the date the injury is declared permanent, whichever is earlier. The bill would additionally authorize an eligible employee whose injuries are burn-related to receive the benefit for up to 156 weeks.

Existing law generally grants to state officers and employees who are members of the Public Employees Retirement System or the State Teachers Retirement System, among others, a right to industrial disability leave, as defined. Existing law defines an excluded employee to include managerial employees and supervisors, among others. Existing law provides an enhanced industrial disability leave benefit to an excluded employee who is temporarily disabled for more than 22 consecutive working days by an injury or type of injury designated by the Director of the Department of Human Resources as qualifying for these purposes.

This bill would make a nonsubstantive change to provisions relating to enhanced industrial disability leave, as described above.

SENATE THIRD READING

STR Bill Id:SB 334

Author:(Dodd)

As Amended Ver:March 16, 2017

Majority vote

SENATE VOTE: 40-0

SUMMARY: Extends enhanced industrial disability leave to state employees who are members of Bargaining Unit 8 (i.e., CAL FIRE firefighters). Specifically, this bill:

1. Provides that a Bargaining Unit 8 (BU 8) member who is temporarily disabled by illness or injury arising out of, and in the course of state employment for a period that exceeds 22 consecutive days is entitled to receive enhanced industrial disability leave (EIDL), as specified.
2. Requires that the eligible employee shall receive an amount that is the equivalent of the employee's net salary on the date of the occurrence of the injury or illness or the date the injury or illness is declared, whichever is greater, for a period not to exceed 52 weeks after the date of the occurrence of the injury or illness or until the date the injury or illness is declared permanent, whichever is earlier.
3. Defines "net salary" to mean the amount of salary the employee receives after federal and state income tax, and the employee's retirement contribution have been deducted from the employee's gross salary.
4. Provides that an employee eligible to receive EIDL and who has injuries that are burn-related, may receive the EIDL benefit for a period not to exceed 156 weeks after the date of the occurrence of the injury or illness or until the date the injury or illness is declared permanent, whichever is earlier.

EXISTING LAW:

1. Establishes a workers' compensation system that provides benefits to an employee who suffers from an injury or illness that arises out of and in the course of employment, irrespective of fault.
2. Requires all employers to secure payment of benefits by either securing the consent of the Department of Industrial Relations to self-insure or by securing insurance against liability from an insurance company duly authorized by the state.
3. Provides for the payment of indemnity benefits if the occupational injury causes temporary or permanent disability which prevents the worker from returning to his or her job. In the case of temporary disability payments, the benefit is two-thirds of the weekly loss in wages due to disability for up to 104 weeks within five years. (Labor Code Sections 4650, 4653, 4654, and 4656).
4. Entitles, as set forth in Labor Code Sections 4800 and 4850, certain public employees who incur on the job injury or illness, a disability leave without loss of pay or salary for up to one year in lieu of temporary disability (TD) benefits. These employees include: City police officers; city, county or district firefighters; sheriffs; county probation officers, group counselors or juvenile services officers, and state firefighters employed by the Department of Justice.
5. Provides a replacement benefit program paid to eligible employees in lieu of TD benefits. A state officer or employee who is a CalPERS or CalSTRS member and is temporarily disabled in the course of his or her duties is entitled to industrial disability leave for a period not to exceed 52 weeks within two years from the first day of disability. The employee is entitled to net pay, as specified, for up to 22 days or upon declaration of a permanent disability, whichever is shorter. Thereafter, the employee is entitled to two-thirds of full pay adjusted to offset disability benefits, as specified.
6. Provides an extension of disability payments at net pay beyond the 22 days provided for under the industrial disability leave (IDL) benefit. Rank-and-file employees can receive EIDL payments for one year or longer depending on the provisions of their respective memorandum of understand. Excluded employees are limited to 52 weeks of EIDL within a two-year period after the date of the qualifying injury.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill will result in the following:

1. Unknown benefit costs for CAL FIRE as a result of additional EIDL claims, though the specific number of new EIDL claims cannot be predicted. If the $1.2 million in IDL claims in 2015-16 were EIDL claims, then additional benefit costs for CAL FIRE would have been approximately $384,000 General Fund (GF).
2. Unknown, but significant overtime costs to help backfill fire suppression positions to accommodate additional EIDL claims. Overtime costs for every 100 firefighters on leave costs CAL FIRE an estimated $3.5 million GF.
3. Ongoing annual staffing costs of approximately $420,000 GF for CAL FIRE to manage and process claims.

COMMENTS: IDL and EIDL are benefit programs provided to eligible public sector employees in lieu of TD. IDL provides a full replacement of an eligible employee's net pay for up to 22 days of leave, after which they receive two-thirds of their of full pay adjusted to offset disability benefits. Employees are eligible for IDL benefits if they are eligible for workers' compensation benefits and are an active member of the California Public Employees' Retirement System or the California State Teachers' Retirement System.

EIDL is an extension of IDL, but eligibility is generally more restrictive since the duration of benefits is defined in an employee's memorandum of understanding (MOU).

Under their current MOU, BU 8 members are eligible for EIDL benefits if they are temporarily disabled by an injury incurred in the official performance of their duties directly and specifically caused in the course of responding to, returning from, or fighting an active fire.

This bill clarifies that BU 8 members are eligible for EIDL benefits if they are temporarily disabled by illness or injury arising out of and in the course of state employment – a distinction that allows BU 8 state firefighters to receive EIDL benefits for injuries sustained in training events, as well as in actual fire incidents.

Prior/Related Legislation

Assembly Bill 2493 (Atkins) of 2016, authorized enhanced TD benefits for rank-and-file and supervisory firefighters employed by CAL FIRE. These protections would have been the same as those afforded to local firefighters under Labor Code Section 4850. This bill was vetoed by the Governor.

Analysis Prepared by: Michael Bolden / P.E.,R., & S.S. / (916) 319-3957 FN: 0001689

Date of Hearing: July 19, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 334

Author:(Dodd) – As Amended Ver:March 16, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill extends enhanced industrial disability leave (EIDL) benefits to members of Bargaining Unit 8 who lose the ability to work for more than 22 work days as a result of an injury or illness incurred in the official performance of their duties. Eligible employees can receive an EIDL benefit in an amount of their net salary, as defined, for up to 52 weeks after the injury, and eligible employees with burn-related injuries can receive EIDL benefit for up to 156 weeks after the injury.

FISCAL EFFECT:

1. Unknown benefit costs for the California Department of Forestry and Fire Protection (CAL FIRE) as a result of additional EIDL claims, though the specific number of new EIDL claims cannot be predicted. If the $1.2 million in industrial disability leave (IDL) claims in 2015-16 were EIDL claims, then additional benefit costs for CAL FIRE would have been approximately $384,000 General Fund (GF).
2. Unknown but significant overtime costs to help backfill fire suppression positions to accommodate additional EIDL claims. Overtime costs for every 100 firefighters on leave costs CAL FIRE an estimated $3.5 million GF.
3. Ongoing annual staffing costs of approximately $420,000 GF for CAL FIRE to manage and process claims.

COMMENTS:

1. Background. IDL and EIDL are benefit programs provided to eligible public sector employees in lieu of Temporary Disability (TD). IDL provides a full replacement of an eligible employee’s net pay for up to 22 days of leave, after which they receive two-thirds of their of full pay adjusted to offset disability benefits. Employees are eligible for IDL benefits if they are eligible for workers’ compensation benefits and are an active member of the California Public Employees’ Retirement System (CalPERS) or the California State Teachers’ Retirement System (CalSTRS).

EIDL is an extension of IDL, but eligibility is generally more restrictive. An employee that is eligible for EIDL receives benefits worth an employee’s full net pay after the 22 days provided under the IDL program. However, eligibility for the EIDL and the duration of benefits is defined in an employee’s memorandum of understanding (MOU).

1. Current MOU. Bargaining Unit 8 consists of firefighter employees of CAL FIRE, and under their current MOU, members are eligible for EIDL benefits if they are temporarily disabled by an injury incurred in the official performance of their duties directly and specifically caused in the course of responding to, returning from, or fighting an active fire.
2. Purpose. Under existing law, a firefighter can only receive EIDL benefits if they are injured while on the scene of a fire, but firefighters can also be injured during training operations. According to the author, SB 334 will allow CAL FIRE firefighters injured on the job to receive IDL benefits for any injury or illness incurred in the performance of their jobs, including during training.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

 THIRD READING  

Bill No: SB 334

Author:

:

Vote:

SENATE PUBLIC EMP. & RET. COMMITTEE: 5-0, 4/24/17

AYES: Pan, Morrell, Leyva, Moorlach, Portantino

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SUBJECT:

SOURCE: CAL FIRE Local 2881

DIGEST:

This bill extends enhanced industrial disability leave to state employees who are members of Bargaining Unit 8 (i.e., CAL FIRE firefighters) and who lose the ability to work for more than 22 work days as the result of an injury or illness incurred in the official performance of their duties.

ANALYSIS:

Existing law:

Workers’ Compensation Temporary Disability ­ (TD)

1. Establishes a workers’ compensation system that provides benefits to an employee who suffers from an injury or illness that arises out of and in the course of employment, irrespective of fault.
2. Requires all employers to secure payment of benefits by either securing the consent of the Department of Industrial Relations to self-insure or by securing insurance against liability from an insurance company duly authorized by the state.
3. Provides for the payment of indemnity benefits if the occupational injury causes temporary or permanent disability which prevents the worker from returning to his or her job. In the case of temporary disability payments, the benefit is two-thirds of the weekly loss in wages due to disability for up to 104 weeks within five years (Labor Code §§4650, 4653, 4654 and 4656).

4850 Leave for Local Safety et al.

1. Entitles, as set forth in Labor Code Sections 4800 and 4850, certain public employees who incur on the job injury or illness, a disability leave without loss of salary (i.e., at full pay) for up to one year in lieu of TD benefits. These employees include:
2. City police officers;
3. City, county, or district firefighters;
4. Sheriffs;
5. County probation officers, group counselors, or juvenile services officers; and

e) State firefighters employed by the Department of Justice.

Industrial Disability Leave (IDL)

1. Provides a replacement benefit program paid to eligible employees in lieu of TD benefits. A state officer or employee who is a CalPERS or CalSTRS member and is temporarily disabled in the course of his or her duties is entitled to industrial disability leave for a period not to exceed 52 weeks within two years from the first day of disability. The employee is entitled to net pay, as specified, for up to 22 days or upon declaration of a permanent disability, whichever is shorter. Thereafter, the employee is entitled to two-thirds of full pay adjusted to offset disability benefits, as specified.

Enhanced Industrial Disability Leave (EIDL)

1. Provides an extension of disability payments at net pay, as specified, beyond the 22 days provided for under the IDL benefit. Rank and file employees can receive EIDL payments for one year or longer, depending on the provisions of their respective MOUs. Excluded employees are limited to 52 weeks of EIDL within a two-year period after the date of the qualifying injury.

This bill:

1. Provides that a Bargaining Unit 8 (BU 8) member who is temporarily disabled by illness or injury arising out of and in the course of state employment for a period that exceeds 22 consecutive days is entitled to receive EIDL, as specified.
2. Requires that the eligible employee shall receive an amount that is the equivalent of the employee’s net salary on the date of the occurrence of the injury or illness or the date the injury or illness is declared, whichever is greater for a period not to exceed 52 weeks after the date of the occurrence of the injury or illness or until the date the injury or illness is declared permanent, whichever is earlier.
3. Defines “net salary” as the amount of salary the employee receives after federal income tax, state income tax, and the employee’s retirement contribution have been deducted from the employee’s gross salary.
4. Provides that an employee eligible for EIDL under this bill who has injuries that are burn-related may receive the EIDL benefit for a period not to exceed 156 weeks after the date of the occurrence of the injury or illness or until the date the injury or illness is declared permanent, whichever is earlier.

Background

BU 8 consists of firefighter employees of the California Department of Forestry and Fire Protection (CAL FIRE). Under their current MOU, BU 8 members are eligible for EIDL benefits if they are temporarily disabled by an injury incurred in the official performance of their duties directly and specifically caused in the course of responding to, returning from, or fighting an active fire, as specified.

This bill clarifies that EIDL BU 8 members are eligible for EIDL benefits if they are temporarily disabled by illness or injury arising out of and in the course of state employment. According to the sponsor, this distinction allows BU 8 state firefighters to receive EIDL benefits for injuries sustained in training events as well as in actual fire incidents.

Related/Prior Legislation

AB 2493 (Atkins, 2016), would have extended “4850 leave” to rank-and-file and supervisorial CAL FIRE firefighters whose principal duties include active fire suppression or prevention services. The bill was vetoed by the Governor.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to Senate Appropriations Committee, CAL FIRE indicates that it would incur increased annual costs of $4.4 million (General Fund) to implement the provisions of the bill, related to higher disability payments, overtime, and increased staffing needs.

SUPPORT: (Verified 5/26/17)

CAL FIRE Local 2881 (source)

California Professional Firefighters

OPPOSITION: (Verified 5/26/17)

None received.

ARGUMENTS IN SUPPORT: According to the sponsor, in order to assure that firefighters are prepared for various scenarios, rigorous training is required that often includes practicing structure fires, vehicle fires, woodland fires, and much more. It is hands on training during actual fire conditions and firefighters are sometimes injured…SB 334 provides additional protections for those injures while on the job.

Prepared by:

5/27/17 15:31:31

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 334 (Dodd) - Enhanced industrial disability leave

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 334 would extend enhanced industrial disability leave to state employees who are members of Bargaining Unit 8 (i.e., CAL FIRE firefighters) and who lose the ability to work for more than 22 work days as the result of an injury or illness incurred in the official performance of their duties.

Fiscal Impact:

CAL FIRE indicates that it would incur increased annual costs of $4.4 million (General Fund) to implement the provisions of the bill, related to higher disability payments, overtime, and increased staffing needs.

Background:

Current law establishes a workers’ compensation system that provides benefits to an employee who suffers from an injury or illness that arises out of and in the course of employment, irrespective of fault. Generally speaking, under current law an injured worker who is unable to work is entitled to two years of temporary disability (TD) benefits. These benefits are designed to partially offset the loss of wages for workers unable to work in the aftermath of an injury. The benefit amount is 67 percent of a worker’s average weekly wage during the past 12 months.

Labor Code Section 4850 provides specified categories of peace officers with a higher wage loss benefit. An eligible public safety officer who becomes disabled while performing his or her duties is entitled to a one-year leave of absence without loss of salary in lieu of temporary disability payments. These employees include: (1) city police officers, (2) city, county, or district firefighters, (3) sheriffs, (4) inspectors, investigators, detectives, or personnel with comparable titles in any district attorney's office, (5) county probation officers, group counselors, or juvenile services officers, (6) lifeguards employed by a county of the first class or the City of San Diego, (7) airport law enforcement officers, (8) harbor or port police officers, wardens, or special officers of a harbor or port district or city or county harbor department, (9) police officers of the Los Angeles Unified School District, and (10), state firefighters employed by the Department of Justice.

Industrial Disability Leave (IDL) provides a replacement benefit program paid to eligible employees in lieu of TD benefits. A state officer or employee who is a CalPERS or CalSTRS member and is temporarily disabled in the course of his or her duties is entitled to IDL for a period not to exceed 52 weeks within two years from the first day of disability. The employee is entitled to net pay, as specified, for up to 22 days or upon declaration of a permanent disability, whichever is shorter. Thereafter, the employee is entitled to two-thirds of full pay adjusted to offset disability benefits, as specified.

Enhanced Industrial Disability Leave (EIDL) provides an extension of disability payments at net pay, as specified, beyond the 22 days provided for under the IDL benefit. Rank and file employees can receive EIDL payments for one year or longer, depending on the provisions of their respective MOUs. Excluded employees are limited to 52 weeks of EIDL within a two-year period after the date of the qualifying injury.

Proposed Law:

This bill would do the following:

• Provide that a Bargaining Unit 8 (BU 8) member who is temporarily disabled by illness or injury arising out of and in the course of state employment for a period that exceeds 22 consecutive days is entitled to receive EIDL, as specified.
• Require that the eligible employee shall receive an amount that is the equivalent of the employee’s net salary, as defined, on the date of the occurrence of the injury or illness or the date the injury or illness is declared, whichever is greater for a period not to exceed 52 weeks after the date of the occurrence of the injury or illness or until the date the injury or illness is declared permanent, whichever is earlier.
• Provide that an employee eligible for EIDL under this bill who has injuries that are burn-related may receive the EIDL benefit for a period not to exceed 156 weeks after the date of the occurrence of the injury or illness or until the date the injury or illness is declared permanent, whichever is earlier.

Related Legislation:

AB 2493 (Atkins, 2016), would have extended “4850 leave” to rank-and-file and supervisorial CAL FIRE firefighters whose principal duties include active fire suppression or prevention services. The bill was vetoed by the Governor.

Staff Comments:

As noted above, CAL FIRE indicates that the bill could cost the department $4.4 million annually. This estimate is in part based on the difference in costs between the amount paid to firefighters who currently qualify for EIDL, and the amount that would be required for the increased number of EIDL claims under this bill. However, the number of future disability claims filed for EIDL under the requirements of this bill cannot be determined in advance. In 2015-16, the total cost for BU 8 IDL claims was $1.2 million. If these IDL claims were all EIDL claims, it would have cost CAL FIRE an additional $384,000.

Overtime would also be necessary to help backfill the fire suppression positions that are on leave. Again, CAL FIRE is unable to determine how many employees would be eligible for EIDL; for illustrative purposes, the approximate cost for the overtime for every 100 firefighters would cost CAL FIRE $3.6 million to cover the increment between the claims that currently qualify for EIDL and the additional EIDL claims that could be made under this bill.

CAL FIRE indicates that it would need 1.0 Associate Governmental Program Analyst position at a cost of $153,000 annually with a one-time cost of $21,000 and 2.0 Staff Services Analyst positions at a cost of $266,000 annually with a one-time cost of $42,000 due to an increase in workload arising from the need to provide close management of the claims with the goal of returning injured employees to work as quickly as possible.

Finally, at the end of the one year period of the leave of absence, if the employee remains temporarily disabled, then the employee would be eligible to receive TD payments for an additional year. The increased cost of the benefit itself is further compounded by the cost of overtime to fill behind the injured employee while the employee recovers. CAL FIRE cannot quantify these costs at this time.

-- END --

SENATE COMMITTEE ON

PUBLIC EMPLOYMENT AND RETIREMENT

Dr. Richard Pan, Chair

2017 - 2018 Regular

Bill No: SB 334 Hearing Date: 4/24/17

Subject: Enhanced industrial disability leave

SOURCE: CAL FIRE Local 2881

DIGEST: This bill extends enhanced industrial disability leave to state employees who are members of Bargaining Unit 8 (i.e., CAL FIRE firefighters) and who lose the ability to work for more than 22 work days as the result of an injury or illness incurred in the official performance of their duties.

ANALYSIS:

Existing law:

1. Workers’ Compensation Temporary Disability ­ (TD) - Establishes a workers’ compensation system that provides benefits to an employee who suffers from an injury or illness that arises out of and in the course of employment, irrespective of fault.
2. Requires all employers to secure payment of benefits by either securing the consent of the Department of Industrial Relations to self-insure or by securing insurance against liability from an insurance company duly authorized by the state.
3. Provides for the payment of indemnity benefits if the occupational injury causes temporary or permanent disability which prevents the worker from returning to his or her job. In the case of temporary disability payments, the benefit is two-thirds of the weekly loss in wages due to disability for up to 104 weeks within five years (Labor Code §§4650, 4653, 4654 and 4656).
4. 4850 Leave for Local Safety et al. - As set forth in Labor Code Sections 4800 and 4850, entitles certain public employees who incur on the job injury or illness, a disability leave without loss of salary (i.e., at full pay) for up to one year in lieu of TD benefits. These employees include:
5. City police officers;
6. City, county, or district firefighters;
7. Sheriffs;
8. County probation officers, group counselors, or juvenile services officers; and

e) State firefighters employed by the Department of Justice.

1. Industrial Disability Leave (IDL) - Provides a replacement benefit program paid to eligible employees in lieu of TD benefits. A state officer or employee who is a CalPERS or CalSTRS member and is temporarily disabled in the course of his or her duties is entitled to industrial disability leave for a period not to exceed 52 weeks within two years from the first day of disability. The employee is entitled to net pay, as specified, for up to 22 days or upon declaration of a permanent disability, whichever is shorter. Thereafter, the employee is entitled to two-thirds of full pay adjusted to offset disability benefits, as specified.
2. Enhanced Industrial Disability Leave (EIDL) – Provides an extension of disability payments at net pay, as specified, beyond the 22 days provided for under the IDL benefit. Rank and file employees can receive EIDL payments for one year or longer, depending on the provisions of their respective MOUs. Excluded employees are limited to 52 weeks of EIDL within a two-year period after the date of the qualifying injury.

This bill:

1. Provides that a Bargaining Unit 8 (BU 8) member who is temporarily disabled by illness or injury arising out of and in the course of state employment for a period that exceeds 22 consecutive days is entitled to receive EIDL, as specified.
2. Requires that the eligible employee shall receive an amount that is the equivalent of the employee’s net salary on the date of the occurrence of the injury or illness or the date the injury or illness is declared, whichever is greater for a period not to exceed 52 weeks after the date of the occurrence of the injury or illness or until the date the injury or illness is declared permanent, whichever is earlier.
3. Defines “net salary” as the amount of salary the employee receives after federal income tax, state income tax, and the employee’s retirement contribution have been deducted from the employee’s gross salary.
4. Provides that an employee eligible for EIDL under this bill who has injuries that are burn-related may receive the EIDL benefit for a period not to exceed 156 weeks after the date of the occurrence of the injury or illness or until the date the injury or illness is declared permanent, whichever is earlier.

Background

BU 8 consists of firefighter employees of the California Department of Forestry and Fire Protection (CAL FIRE). Under their current MOU, BU 8 members are eligible for EIDL benefits if they are temporarily disabled by an injury incurred in the official performance of their duties directly and specifically caused in the course of responding to, returning from, or fighting an active fire, as specified.

This bill would clarify that EIDL BU 8 members are eligible for EIDL benefits if they are temporarily disabled by illness or injury arising out of and in the course of state employment. According to the sponsor, this distinction would allow BU 8 state firefighters to receive EIDL benefits for injuries sustained in training events as well as in actual fire incidents.

Related/Prior Legislation

AB 2493 (Atkins, 2016), would have extended “4850 leave” to rank-and-file and supervisorial CAL FIRE firefighters whose principal duties include active fire suppression or prevention services. The bill was vetoed by the Governor.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

CAL FIRE Local 2881 (source)

OPPOSITION:

None received.

ARGUMENTS IN SUPPORT: According to the sponsor, in order to assure that firefighters are prepared for various scenarios, rigorous training is required that often includes practicing structure fires, vehicle fires, woodland fires, and much more. It is hands on training during actual fire conditions and firefighters are sometimes injured…SB 334 provides additional protections for those injures while on the job.”