Existing law establishes a workers compensation system, which generally requires employers to secure the payment of workers compensation for injuries incurred by their employees that arise out of and in the course of their employment.

Existing law entitles, among others, local law enforcement, firefighters, and probation officers employed on a regular full-time basis to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of their duties. Existing law provides that a leave of absence under those provisions is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers compensation system.

This bill would expand these provisions to entitle a park ranger employed on a regular full-time basis by a county or special district to this leave of absence.

Existing law establishes a workers compensation system, which generally requires employers to secure the payment of workers compensation for injuries incurred by their employees that arise out of and in the course of their employment.

Existing law entitles, among others, local law enforcement, firefighters, and probation officers employed on a regular full-time basis to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of their duties. Existing law provides that a leave of absence under those provisions is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers compensation system.

This bill would expand these provisions to entitle a park ranger employed on a regular full-time basis by a county or special district to this leave of absence.

Existing law establishes a workers compensation system, which generally requires employers to secure the payment of workers compensation for injuries incurred by their employees that arise out of and in the course of their employment.

Existing law entitles, among others, peace officers local law enforcement, firefighters, and probation officers employed on a regular full-time basis by a county of the first class, to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of their duties. Existing law defines a county of the first class as a county with a population of 4,000,000 and more. Existing law provides that a leave of absence under those provisions is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers compensation system.

This bill would expand these provisions to instead entitle a peace officer park ranger employed on a regular full-time basis by any county a county or special district to this leave of absence.

Existing law establishes a workers compensation system, which generally requires employers to secure the payment of workers compensation for injuries incurred by their employees that arise out of and in the course of their employment.

Existing law entitles, among others, peace officers employed on a regular full-time basis by a county of the first class, to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of their duties. Existing law defines a county of the first class as a county with a population of 4,000,000 and more. Existing law provides that a leave of absence under those provisions is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers compensation system.

This bill would expand these provisions to instead entitle a peace officer employed on a regular full-time basis by any county to this leave of absence.

 VETO  

Bill No: SB 1058

Author: Ashby (D), et al.

Enrolled: 8/16/24

Vote: 27

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

AYES: Smallwood-Cuevas, Wilk, Cortese, Durazo, Laird

SENATE FLOOR: 37-0, 5/20/24

AYES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO VOTE RECORDED: Alvarado-Gil, Dahle, Min

SENATE FLOOR: 37-0, 8/15/24

AYES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Wahab, Wiener, Wilk

NO VOTE RECORDED: Allen, Newman, Umberg

ASSEMBLY FLOOR: 70-0, 8/8/24 - See last page for vote

SUBJECT: Peace officers: injury or illness: leaves of absence

SOURCE: Sacramento County Criminal Justice Employee Union

DIGEST:

This bill expands a limited paid leave of absence provision to park rangers employed by counties and special districts.

ANALYSIS:

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, regardless of fault. This system requires all employers to insure payment of benefits by either securing the consent of the Department of Industrial Relations to self-insure or by obtaining insurance from a company authorized by the state. (Labor Code §§3200 et seq.)
   
2. Establishes within the workers’ compensation system temporary and permanent benefits, referred to as disability indemnity, which offer wage replacement equal to two-thirds of a specified injured employee’s average weekly earnings while an employee is unable to work due to a workplace illness or injury. The current minimum benefit is $242.86 per week and the maximum is $1,619.15 per week. (Labor Code §§4653-4656)
   
3. Provides that specified public law enforcement employees who are employed on a regular full-time basis, regardless of their period of service, and who experience a work-related injury or illness, are entitled to an enhanced temporary disability benefit: paid leave of absence of up to one year instead of workers’ compensation temporary disability indemnity referred to as “4850 leave.” If the employee retires on permanent disability, they may receive 4850 leave until they obtain a permanent disability pension. (Labor Code §4850)
   
4. Excludes police officers and firefighters employed by the City and County of San Francisco from 4850 leave and instead provides for somewhat similar leave pursuant to a local ordinance. (Labor Code §4850)
   

This bill expands enhanced temporary disability benefits (commonly referred to as “4850 leave”) to park rangers who are employed by a county or special district and designated by a local agency as a park ranger and regularly employed and paid in that capacity if their primary duty is the protection of the park and other agency property and preservation of peace therein.

Background

Workers’ Compensation.Workers’ compensation temporary disability indemnity (TDI) benefits are what an injured worker receives to make up for wages lost due to injury or illness acquired on the job or during the course of their work. The goal is to approximate an employee's take home pay, basing the benefit on two-thirds of the employee's average weekly wages. Calculation of indemnity benefits is based on the employee’s type of injury and subsequent disability. Because there is a cap, employees who make more than $1,619.50 per week do not reach the two-thirds goal, but because the benefit is not taxed, employees generally receive an adequate disability benefit while they are recovering.

Certain public safety classifications receive workers’ compensation benefits that other employees do not receive, such as presumptions that certain maladies are automatically deemed work-related (other employees are required to prove that their condition is work-related), and 4850 leave, which grants up to one year of full salary instead of the regular method for calculating temporary disability benefits.

Because these benefits are paid due to disability, they are not subject to either state or federal taxes. Subsequently, the injured peace officer takes home more in weekly benefits than they normally would earn while working. Upon expiration of

4850 leave benefits, if the employee is still temporarily disabled, they are eligible to receive workers’ compensation TDI. In most cases, TDI will not be paid beyond

104 weeks.

Employee Classification Proposed To Be Added. Park rangers who obtain peace officer’s standards training, among various other duties, provide public safety services at California’s parks and other public properties and are often the first responders for medical, fire, and other emergencies. Part of their duties can also entail addressing unlawful homeless encampments, which places these officers at risk of harm. The park ranger classifications proposed to be included in the 4850 leave provisions of this bill are employed by some, but not all, cities, counties, and local agencies. Currently, there are a little over 200 park rangers that would be included as a result of this bill.

Related/Prior Legislation

AB 346 (Cooper, 2019) would have granted 4850 leave benefits to police officers employed by a school district, county office of education, or community college district.

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

SUPPORT: (Verified 9/30/24)

Sacramento County Criminal Justice Employees Union (source)

California Fraternal Order of Police
County of Sacramento Board of Supervisors
Monterrey County Park Rangers Association

Park Rangers Association of California
Peace Officers Research Association of California
Sacramento County Board of Supervisors
Sacramento County Deputy Sheriffs' Association
Sacramento County Supervisor Sue Frost
Santa Clara County Park Rangers' Association

OPPOSITION: (Verified 9/30/24)

California Association of Joint Powers Authorities

California Association of Recreation & Park Districts
California Coalition on Workers Compensation
League of California Cities

Midpeninsula Regional Open Space District
Public Risk Innovation, Solutions, and Management (PRISM)
Rural County Representatives of California

ARGUMENTS IN SUPPORT:

The Sacramento County Criminal Justice Employees’ Union (SCCJEU) states:

“SCCJEU oversees a variety of county peace officers in Sacramento County, including park rangers, whose duties often times overlap with those of law enforcement and other peace officer entities who are already rightfully afforded these protections. Extending these protections to all peace officers employed on a regular, full-time basis by a county ensures parity across the state and protects many of these frontline workers.”

The Peace Officers’ Research Association of California states:

“Current law entitles, among others, peace officers employed on a regular full-time basis by a county of the first class, to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of their duties… Current law provides that a leave of absence under those provisions is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers’ compensation system. This bill would expand these provisions to instead entitle a peace officer employed on a regular full-time basis by any county to this leave of absence.”

ARGUMENTS IN OPPOSITION:

The California Association of Joint Powers Authorities; the California Coalition on Workers’ Compensation; the League of California Cities; the Public Risk Innovation, Solutions, and Management; and the Rural County Representatives of California state:

“Our coalition opposes this expansion of salary continuation benefits as proposed by SB 1058 because no objective evidence has been offered to demonstrate that this enhanced benefit is necessary, and there has been no evaluation of the cost to our members. Local agencies typically fund workers’ compensation costs out of their general fund, and every dollar spent on special enhanced benefits must come from somewhere. Funding for the special benefits proposed by [this bill] will come out of local government budgets, and our coalition would respectfully urge the legislature to fully examine both the justification and cost related to the proposal.

Prior legislation that similarly expanded application of this benefit has been met with caution. Specifically, AB 346 (Cooper, 2019) expanded the application of salary continuation benefits to officers at local school districts and county offices of education. That bill was vetoed by Governor Newsom, who observed that the bill ‘would significantly expand 4850 benefits that can be negotiated locally through the collective bargaining process. Many local school districts face financial stress, and the addition of a well-intentioned but costly benefit should be left to local entities that are struggling to balance their priorities.’ We believe the same logic applies here.”

GOVERNOR'S VETO MESSAGE:

This bill expands an existing enhanced paid leave of absence provision, commonly referred to as 4850 time, to park rangers employed by counties and

special districts.

While I appreciate the author's intent and do not take lightly the important public service provided by park rangers, this bill would significantly expand 4850 benefits that can be negotiated locally through the collective bargaining process. Many local governments face financial stress, and the addition of a well-intentioned but costly benefit should be left to local entities, particularly given the potential fiscal impact on counties and special districts that employ park rangers.

For these reasons, I cannot sign this bill.

Sincerely,

Gavin Newsom

ASSEMBLY FLOOR: 70-0, 8/8/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gipson, Grayson, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Bauer-Kahan, Bonta, Gallagher, Garcia, Haney, Muratsuchi, Petrie-Norris, Valencia, Weber

Prepared by: Emma Bruce / L., P.E. & R. / (916) 651-1556

10/7/24 13:50:39

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 1058

Author: Ashby (D), et al.

Amended: 6/10/24

Vote: 21

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

AYES: Smallwood-Cuevas, Wilk, Cortese, Durazo, Laird

SENATE FLOOR: 37-0, 5/20/24

AYES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO VOTE RECORDED: Alvarado-Gil, Dahle, Min

ASSEMBLY FLOOR: 70-0, 8/8/24 - See last page for vote

SUBJECT: Peace officers: injury or illness: leaves of absence

SOURCE: Sacramento County Criminal Justice Employee Union

DIGEST:

This bill expands a limited paid leave of absence provision to park rangers employed by counties and special districts.

Assembly Amendments

of 6/10/24 add a coauthor to the measure.

ANALYSIS:

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, regardless of fault. This system requires all employers to insure payment of benefits by either securing the consent of the Department of Industrial Relations to self-insure or by obtaining insurance from a company authorized by the state. (Labor Code §§3200 et seq.)
   
2. Establishes within the workers’ compensation system temporary and permanent benefits, referred to as disability indemnity, which offer wage replacement equal to two-thirds of a specified injured employee’s average weekly earnings while an employee is unable to work due to a workplace illness or injury. The current minimum benefit is $242.86 per week and the maximum is $1,619.15 per week. (Labor Code §§4653-4656)
   
3. Provides that specified public law enforcement employees who are employed on a regular full-time basis, regardless of their period of service, and who experience a work-related injury or illness, are entitled to an enhanced temporary disability benefit: paid leave of absence of up to one year instead of workers’ compensation temporary disability indemnity referred to as “4850 leave.” If the employee retires on permanent disability, they may receive 4850 leave until they obtain a permanent disability pension. (Labor Code §4850)
   
4. Excludes police officers and firefighters employed by the City and County of San Francisco from 4850 leave and instead provides for somewhat similar leave pursuant to a local ordinance. (Labor Code §4850)
   

This bill expands enhanced temporary disability benefits (commonly referred to as “4850 leave”) to park rangers who are employed by a county or special district and designated by a local agency as a park ranger and regularly employed and paid in that capacity if their primary duty is the protection of the park and other agency property and preservation of peace therein.

Background

Workers’ Compensation. Workers’ compensation temporary disability indemnity (TDI) benefits are what an injured worker receives to make up for wages lost due to injury or illness acquired on the job or during the course of their work. The goal is to approximate an employee's take home pay, basing the benefit on two-thirds of the employee's average weekly wages. Calculation of indemnity benefits is based on the employee’s type of injury and subsequent disability. Because there is a cap, employees who make more than $1,619.50 per week do not reach the two-thirds goal, but because the benefit is not taxed, employees generally receive an adequate disability benefit while they are recovering.

Certain public safety classifications receive workers’ compensation benefits that

other employees do not receive, such as presumptions that certain maladies are

automatically deemed work-related (other employees are required to prove that

their condition is work-related), and 4850 leave, which grants up to one year of full

salary instead of the regular method for calculating temporary disability benefits.

Because these benefits are paid due to disability, they are not subject to either state

or federal taxes. Subsequently, the injured peace officer takes home more in

weekly benefits than they normally would earn while working. Upon expiration of

4850 leave benefits, if the employee is still temporarily disabled, they are eligible

to receive workers’ compensation TDI. In most cases, TDI will not be paid beyond

104 weeks.

Employee Classification Proposed To Be Added. Park rangers who obtain peace officer’s standards training, among various other duties, provide public safety services at California’s parks and other public properties and are often the first responders for medical, fire, and other emergencies. Part of their duties can also entail addressing unlawful homeless encampments, which places these officers at risk of harm. The park ranger classifications proposed to be included in the 4850 leave provisions of this bill are employed by some, but not all, cities, counties, and local agencies. Currently, there are a little over 200 park rangers that would be included as a result of this bill.

Related/Prior Legislation

AB 346 (Cooper, 2019, Vetoed) would have granted 4850 leave benefits to police officers employed by a school district, county office of education, or community college district.

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

SUPPORT: (Verified 8/8/24)

Sacramento County Criminal Justice Employees Union (source)

California Fraternal Order of Police
County of Sacramento Board of Supervisors
Monterrey County Park Rangers Association
Park Rangers Association of California
Peace Officers Research Association of California (PORAC)
Sacramento County Board of Supervisors
Sacramento County Deputy Sheriffs' Association
Sacramento County Supervisor, Sue Frost
Santa Clara County Park Rangers' Association

OPPOSITION: (Verified 8/8/24)

California Association of Joint Powers Authorities
California Coalition on Workers Compensation
League of California Cities

Midpeninsula Regional Open Space District
Public Risk Innovation, Solutions, and Management (PRISM)
Rural County Representatives of California

ARGUMENTS IN SUPPORT:

According to the sponsor, Sacramento County Criminal Justice Employees’ Union (SCCJEU) states, “SCCJEU oversees a variety of county peace officers in Sacramento County, including park rangers, whose duties often times overlap with those of law enforcement and other peace officer entities who are already rightfully afforded these protections. Extending these protections to all peace officers employed on a regular, full-time basis by a county ensures parity across the state and protects many of these frontline workers.”

Peace Officers’ Research Association of California states, “Current law entitles, among others, peace officers employed on a regular full-time basis by a county of the first class, to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of their duties… Current law provides that a leave of absence under those provisions is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers’ compensation system. This bill would expand these provisions to instead entitle a peace officer employed on a regular full-time basis by any county to this leave of absence.”

ARGUMENTS IN OPPOSITION:

According to the California Association of Joint Powers Authorities; the California Coalition on Workers’ Compensation; the League of California Cities; the Public Risk Innovation, Solutions, and Management; and the Rural County Representatives of California states,

“Our coalition opposes this expansion of salary continuation benefits as proposed by SB 1058 because no objective evidence has been offered to demonstrate that this enhanced benefit is necessary, and there has been no evaluation of the cost to our members. Local agencies typically fund workers’ compensation costs out of their general fund, and every dollar spent on special enhanced benefits must come from somewhere. Funding for the special benefits proposed by [this bill] will come out of local government budgets, and our coalition would respectfully urge the legislature to fully examine both the justification and cost related to the proposal.

“Prior legislation that similarly expanded application of this benefit has been met with caution. Specifically, AB 346 (Cooper, 2019) expanded the application of salary continuation benefits to officers at local school districts and county offices of education. That bill was vetoed by Governor Newsom, who observed that the bill ‘would significantly expand 4850 benefits that can be negotiated locally through the collective bargaining process. Many local school districts face financial stress, and the addition of a well-intentioned but costly benefit should be left to local entities that are struggling to balance their priorities.’ We believe the same logic applies here.”

ASSEMBLY FLOOR: 70-0, 8/8/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gipson, Grayson, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Bauer-Kahan, Bonta, Gallagher, Garcia, Haney, Muratsuchi, Petrie-Norris, Valencia, Weber

Prepared by: Alma Perez & Emma Bruce / L., P.E. & R. / (916) 651-1556

8/9/24 16:38:04

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1058

Author:(Ashby)

As Amended Ver:June 10, 2024

Majority vote

SUMMARY

Expands enhanced temporary disability (TD) benefits (commonly referred to as "4850 time") to park rangers employed on a regular, full-time basis by a county or special districts.

COMMENTS

Public safety officers (most police, sheriff, and firefighter employees) receive certain special workers' compensation benefits that other employees do not receive. Most notably, this class of employee has the benefit of a range of "presumptions" that certain illnesses or injuries are automatically deemed to be work related. All other employees are required to prove that their condition is work related. The second significant special workers' compensation benefit is granted by Labor Code Section 4850 – commonly referred to as "4850 time" – this law grants defined employees up to one year of full salary in lieu of the regular method for calculating TD benefits.

As mentioned above, 4850 leave is an enhanced version of TD benefits. The goal of TD is to approximate an employee's take home pay during the period after injury when the employee is temporarily unable to work. This goal is implemented by basing the weekly TD benefit on 2/3 of the employee's average weekly wages. The TD benefit is capped at $1,619 per week.

Park rangers who obtain peace officer's standards training, among various other duties, provide public safety services at California's parks and other public properties and are often the first responders for medical, fire, and other emergencies. Part of their duties can also entail addressing unlawful homeless encampments, which places these officers at risk of harm.

Currently, only park rangers in Los Angeles County receive 4850 benefits because they are the only county that qualifies (based on population) under existing law. The park ranger classifications proposed to be included in the 4850 leave provisions of this bill are employed by some, but not all, cities, counties, and local agencies. Under the provisions of this bill ten additional counties would have park rangers that qualify for 4850 benefits – Kern, Marin, Monterey, Orange, Riverside, Sacramento, San Francisco, Santa Clara, Sonoma, and Ventura.

Because these benefits are paid due to disability, they are not subject to either state or federal taxes. This applies to regular TD benefits, and to 4800-4850 benefits. Because of the tax-free status of this benefit, a public safety officer takes home substantially more in weekly benefits than they normally earn while working – i.e., normal take home pay plus what would have been paid in taxes.

According to the Author

Despite county and special district park rangers across the state performing a number of peace officer duties and oftentimes facing similar risks, they are not provided the same workers' compensation and disability protections afforded to other law enforcement agencies. In fact, some counties rely on deputy sheriffs or police officers to fill their park ranger positions, further emphasizing both the overlap in responsibilities and disparity in protections.

SB 1058 amends the Labor Code to extend these benefits to county and special district park rangers, addressing these blatant gaps in workers' compensation and disability protections.

Arguments in Support

The Sacramento County Criminal Justice Employees' Union, the sponsor of this bill, write in support saying: "Extending these protections to all peace officers employed on a regular, full-time basis by a county/special district ensures parity across the state and protects many of these frontline workers."

Arguments in Opposition

A coalition of public employers including the California Association of Joint Powers Authorities and the League of California Cities write in opposition to this bill noting: "Our coalition opposes this expansion of salary continuation benefits as proposed by SB 1058 because no objective evidence has been offered to demonstrate that this enhanced benefit is necessary, and there has been no evaluation of the cost to our members. Local agencies typically fund workers' compensation costs out of their general fund, and every dollar spent on special enhanced benefits must come from somewhere. Funding for the special benefits proposed by AB 1058 will come out of local government budgets, and our coalition would respectfully urge the legislature to fully examine both the justification and cost related to the proposal."

FISCAL COMMENTS

This bill is keyed non-fiscal by the Legislative Counsel.

VOTES

SENATE FLOOR: 37-0-3

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Alvarado-Gil, Dahle, Min

ASM INSURANCE: 15-0-0

YES: Calderon, Chen, Alvarez, Bauer-Kahan, Berman, McKinnor, Lee, Lowenthal, Ortega, Joe Patterson, Petrie-Norris, Blanca Rubio, Valencia, Wallis, Wood

UPDATED

VERSION: June 10, 2024

CONSULTANT: Claire Wendt / INS. / (916) 319-2086 FN: 0003660

Date of Hearing: June 26, 2024

ASSEMBLY COMMITTEE ON INSURANCE

Lisa Calderon, Chair

SBPCA Bill Id:SB 1058

Author:(Ashby) – As Amended Ver:June 10, 2024

SENATE VOTE: 37-0

SUBJECT: Peace officers: injury or illness: leaves of absence

SUMMARY: Expands enhanced temporary disability (TD) benefits (commonly referred to as “4850 time”) to park rangers employed on a regular, full-time basis by a county or special district.

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, regardless of fault. This system requires all employers to insure payment of benefits by either securing the consent of the Department of Industrial Relations to self-insure or by obtaining insurance from a company authorized by the state. (Labor Code Sections (LAB) 3200 et seq.)
   
2. Includes TD benefits for up to 104 weeks if an employee is temporarily unable to work during recuperation from the workplace illness or injury, as provided. (LAB 4656)
3. Provides that specified firefighters and peace officers can access wage replacement disability benefits for cancer work-related injuries for up to 240 weeks, as provided. (LAB 4656)
4. Establishes within the workers’ compensation system temporary and permanent benefits, referred to as disability indemnity, which offer wage replacement equal to two-thirds of a specified injured employee’s average weekly earnings while an employee is unable to work due to a workplace illness or injury. The current minimum benefit is $242.86 per week and the maximum is $1,619.15 per week. (LAB 4653-4656)
   
5. Provides that specified public law enforcement employees who are employed on a regular full-time basis, regardless of their period of service, and who experience a work-related injury or illness, are entitled to an enhanced TD benefit – paid leave of absence of up to one year instead of workers’ compensation TD indemnity. This enhanced TD benefit is referred to as “4850 leave.” If the employee retires on permanent disability, they may receive 4850 leave until they obtain a permanent disability pension. (LAB 4850)
6. Excludes police officers and firefighters employed by the City and County of San Francisco from 4850 leave and instead provides for somewhat similar leave pursuant to a local ordinance. (LAB 4850)

FISCAL EFFECT: This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

1. Purpose. According to the author:

Despite county and special district park rangers across the state performing a number of peace officer duties and oftentimes facing similar risks, they are not provided the same workers’ compensation and disability protections afforded to other law enforcement agencies. In fact, some counties rely on deputy sheriffs or police officers to fill their park ranger positions, further emphasizing both the overlap in responsibilities and disparity in protections.

SB 1058 amends the Labor Code to extend these benefits to county and special district park rangers, addressing these blatant gaps in workers’ compensation and disability protections.

1. Special public safety benefits. Public safety officers (most police, sheriff, and firefighter employees) receive certain special workers' compensation benefits that other employees do not receive. Most notably, this class of employee has the benefit of a range of "presumptions" that certain illnesses or injuries are automatically deemed to be work related. All other employees are required to prove that their condition is work related. The second significant special workers' compensation benefit is granted by Labor Code Section 4850 – commonly referred to as "4850 time" – this law grants defined employees up to one year of full salary in lieu of the regular method for calculating TD benefits.
2. Temporary disability benefits. As mentioned above, 4850 leave is an enhanced version of TD benefits. The goal of TD is to approximate an employee's take home pay during the period after injury when the employee is temporarily unable to work. This goal is implemented by basing the weekly TD benefit on 2/3 of the employee's average weekly wages. The TD benefit is capped at $1,619 per week.
3. Employee classification proposed to be added. Park rangers who obtain peace officer’s standards training, among various other duties, provide public safety services at California’s parks and other public properties and are often the first responders for medical, fire, and other emergencies. Part of their duties can also entail addressing unlawful homeless encampments, which places these officers at risk of harm.

Currently, only park rangers in Los Angeles County receive 4850 benefits because they are the only county that qualifies (based on population) under existing law. The park ranger classifications proposed to be included in the 4850 leave provisions of this bill are employed by some, but not all, cities, counties, and local agencies. Under the provisions of this bill ten additional counties would have park rangers that qualify for 4850 benefits – Kern, Marin, Monterey, Orange, Riverside, Sacramento, San Francisco, Santa Clara, Sonoma, and Ventura.

1. Tax advantages. Because these benefits are paid due to disability, they are not subject to either state or federal taxes. This applies to regular TD benefits, and to 4800-4850 benefits. Because of the tax-free status of this benefit, a public safety officer takes home substantially more in weekly benefits than they normally earn while working – i.e., normal take home pay plus what would have been paid in taxes.
2. Recent legislation.
   1. AB 872 (Wood) of 2021, would have authorized “4850” benefits for CAL FIRE firefighters. This bill was vetoed by Governor Gavin Newsom.
   2. AB 2797 (Wood) of 2020, would have authorized “4850” benefits for CAL FIRE firefighters. This bill was not heard in the Assembly Insurance Committee.
   3. AB 346 (Cooper) of 2019, would have authorized "4850” benefits to police officers employed by a school district, county office of education, or community college district. This bill was vetoed by Governor Gavin Newsom.
   4. AB 2493 (Atkins) of 2016, would have authorized “4850” benefits for CAL FIRE firefighters. This bill was vetoed by Governor Jerry Brown.
   5. SB 527 (Block) Chapter 66, Statutes of 2013, extended “4850” benefits to lifeguards employed year round on a regular, full-time basis by the City of San Diego.
3. Arguments in support. The Sacramento County Criminal Justice Employees’ Union, the sponsor of this bill, write in support saying: “Extending these protections to all peace officers employed on a regular, full-time basis by a county/special district ensures parity across the state and protects many of these frontline workers.”
4. Arguments in opposition. A coalition of public employers including the California Association of Joint Powers Authorities and the League of California Cities write in opposition to this bill noting: “Our coalition opposes this expansion of salary continuation benefits as proposed by SB 1058 because no objective evidence has been offered to demonstrate that this enhanced benefit is necessary, and there has been no evaluation of the cost to our members. Local agencies typically fund workers’ compensation costs out of their general fund, and every dollar spent on special enhanced benefits must come from somewhere. Funding for the special benefits proposed by AB 1058 will come out of local government budgets, and our coalition would respectfully urge the legislature to fully examine both the justification and cost related to the proposal.”

REGISTERED SUPPORT / OPPOSITION:

Support

Sacramento County Criminal Justice Employees Union

Opposition

California Association of Joint Powers Authorities

California Coalition on Workers Compensation

League of California Cities

Public Risk Innovation, Solutions, and Management (PRISM)

Rural County Representatives of California

Analysis Prepared by: Claire Wendt / INS. / (916) 319-2086

 THIRD READING  

Bill No: SB 1058

Author: Ashby (D), et al.

Amended: 4/18/24

Vote: 21

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

AYES: Smallwood-Cuevas, Wilk, Cortese, Durazo, Laird

SUBJECT: Peace officers: injury or illness: leaves of absence

SOURCE: Sacramento County Criminal Justice Employees’ Union

DIGEST:

This bill expands a limited paid leave of absence provision to park rangers employed by counties and special districts.

ANALYSIS:

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, regardless of fault. This system requires all employers to insure payment of benefits by either securing the consent of the Department of Industrial Relations to self-insure or by obtaining insurance from a company authorized by the state. (Labor Code §§3200 et seq.)
   
2. Establishes within the workers’ compensation system temporary and permanent benefits, referred to as disability indemnity, which offer wage replacement equal to two-thirds of a specified injured employee’s average weekly earnings while an employee is unable to work due to a workplace illness or injury. The current minimum benefit is $242.86 per week and the maximum is $1,619.15 per week. (Labor Code §§4653-4656)
   
3. Provides that specified public law enforcement employees who are employed on a regular full-time basis, regardless of their period of service, and who experience a work-related injury or illness, are entitled to an enhanced temporary disability benefit: paid leave of absence of up to one year instead of workers’ compensation temporary disability indemnity referred to as “4850 leave.” If the employee retires on permanent disability, they may receive 4850 leave until they obtain a permanent disability pension. (Labor Code §4850)
   
4. Excludes police officers and firefighters employed by the City and County of San Francisco from 4850 leave and instead provides for somewhat similar leave pursuant to a local ordinance. (Labor Code §4850)
   

This bill expands 4850 leave to park rangers who are employed by a county or special district and designated by a local agency as a park ranger and regularly employed and paid in that capacity if their primary duty is the protection of the park and other agency property and preservation of peace therein.

Background

Workers’ Compensation. Workers’ compensation temporary disability indemnity (TDI) benefits are what an injured worker receives to make up for wages lost due to injury or illness acquired on the job or during the course of their work. The goal is to approximate an employee's take home pay, basing the benefit on two-thirds of the employee's average weekly wages. Calculation of indemnity benefits is based on the employee’s type of injury and subsequent disability. Because there is a cap, employees who make more than $1,619.50 per week do not reach the two-thirds goal, but because the benefit is not taxed, employees generally receive an adequate disability benefit while they are recovering.

Certain public safety classifications receive workers’ compensation benefits that

other employees do not receive, such as presumptions that certain maladies are

automatically deemed work-related (other employees are required to prove that

their condition is work-related), and 4850 leave, which grants up to one year of full

salary instead of the regular method for calculating temporary disability benefits.

Because these benefits are paid due to disability, they are not subject to either state

or federal taxes. Subsequently, the injured peace officer takes home more in

weekly benefits than they normally would earn while working. Upon expiration of

4850 leave benefits, if the employee is still temporarily disabled, they are eligible

to receive workers’ compensation TDI. In most cases, TDI will not be paid beyond

104 weeks.

Employee Classification Proposed To Be Added. Park rangers who obtain peace officer’s standards training, among various other duties, provide public safety services at California’s parks and other public properties and are often the first responders for medical, fire, and other emergencies. Part of their duties can also entail addressing unlawful homeless encampments, which places these officers at risk of harm. The park ranger classifications proposed to be included in the 4850 leave provisions of this bill are employed by some, but not all, cities, counties, and local agencies. Currently, there are a little over 200 park rangers that would be included as a result of this bill.

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

SUPPORT: (Verified 4/19/24)

Sacramento County Criminal Justice Employees’ Union (source)

California State Lodge Fraternal Order of Police

County of Sacramento

Park Rangers Association of California

Peace Officers Research Association of California

Monterey County Park Rangers Association

Sacramento County Deputy Sheriffs’ Association

Sacramento County Supervisor Sue Frost

Santa Clara County Park Rangers Association

OPPOSITION: (Verified 4/19/24)

California Association of Joint Powers Authorities

California Coalition on Workers’ Compensation

League of California Cities

Public Risk Innovation, Solutions, and Management

Rural County Representatives of California

ARGUMENTS IN SUPPORT: According to the sponsor, Sacramento County Criminal Justice Employees’ Union (SCCJEU) states, “SCCJEU oversees a variety of county peace officers in Sacramento County, including park rangers, whose duties often times overlap with those of law enforcement and other peace officer entities who are already rightfully afforded these protections. Extending these protections to all peace officers employed on a regular, full-time basis by a county ensures parity across the state and protects many of these frontline workers.”

Peace Officers’ Research Association of California states, “Current law entitles, among others, peace officers employed on a regular full-time basis by a county of the first class, to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of their duties… Current law provides that a leave of absence under those provisions is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers’ compensation system. This bill would expand these provisions to instead entitle a peace officer employed on a regular full-time basis by any county to this leave of absence.”

ARGUMENTS IN OPPOSITION: According to the California Association of Joint Powers Authorities; the California Coalition on Workers’ Compensation;

the League of California Cities; the Public Risk Innovation, Solutions, and Management; and the Rural County Representatives of California states, “Our coalition opposes this expansion of salary continuation benefits as proposed by SB 1058 because no objective evidence has been offered to demonstrate that this enhanced benefit is necessary, and there has been no evaluation of the cost to our members. Local agencies typically fund workers’ compensation costs out of their general fund, and every dollar spent on special enhanced benefits must come from somewhere. Funding for the special benefits proposed by [this bill] will come out of local government budgets, and our coalition would respectfully urge the legislature to fully examine both the justification and cost related to the proposal.

“Prior legislation that similarly expanded application of this benefit has been met with caution. Specifically, AB 346 (Cooper, 2019) expanded the application of salary continuation benefits to officers at local school districts and county offices of education. That bill was vetoed by Governor Newsom, who observed that the bill ‘would significantly expand 4850 benefits that can be negotiated locally through the collective bargaining process. Many local school districts face financial stress, and the addition of a well-intentioned but costly benefit should be left to local entities that are struggling to balance their priorities.’ We believe the same logic applies here.”

Prepared by: Dawn Clover / L., P.E. & R. / (916) 651-1556

4/19/24 14:09:48

**** END ****

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Lola Smallwood-Cuevas, Chair

2023 - 2024 Regular

Bill No: SB 1058 Hearing Date: April 17, 2024

SUBJECT: Peace officers: injury or illness: leaves of absence

KEY ISSUE

This bill expands a limited paid leave of absence provision to park rangers and housing authority officer law enforcement classifications throughout the entire state.

ANALYSIS

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, regardless of fault. This system requires all employers to insure payment of benefits by either securing the consent of the Department of Industrial Relations to self-insure or by obtaining insurance from a company authorized by the state. (Labor Code §§3200 et seq.)
   
2. Establishes within the workers’ compensation system temporary and permanent benefits, referred to as disability indemnity, which offer wage replacement equal to two-thirds of a specified injured employee’s average weekly earnings while an employee is unable to work due to a workplace illness or injury. The current minimum benefit is $242.86 per week and the maximum is $1,619.15 per week.^[1] (Labor Code §§4653-4656)
   
3. Provides that specified public law enforcement employees who are employed on a regular full-time basis, regardless of their period of service, and who experience a work-related injury or illness, are entitled to an enhanced temporary disability benefit: paid leave of absence of up to one year instead of workers’ compensation temporary disability indemnity. This is referred to as “4850 leave.” If the employee retires on permanent disability, they may receive 4850 leave until they obtain a permanent disability pension. Employees eligible for 4850 leave are:
   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. Specified law enforcement officers employed by Los Angeles County, including park rangers and housing patrol officers;
   7. Lifeguards employed by Los Angeles County;
   8. Airport law enforcement;
   9. Harbor and port police officers, wardens, or special officers; and
   10. Los Angeles Unified School District police officers. (Labor Code §4850)
       
4. Excludes police officers and firefighters employed by the City and County of San Francisco from 4850 leave and instead provides for somewhat similar leave pursuant to a local ordinance. (Labor Code §4850)
   
5. Provides peace officers and firefighters of the Department of Justice, law enforcement officers employed by the Department of Fish and Wildlife, and harbor police officers employed by the San Francisco Port Commission with up to one year paid leave of absence while disabled as a result of injury incurred during work, instead of workers’ compensation disability payments. (Labor Code §4800)
   
6. Provides sworn members of the California Highway Patrol who become disabled by a single injury with up to one year of paid leave of absence while disabled, in lieu of workers’ compensation disability payments. (Labor Code §4800.5)
   
7. Provides that the following persons are peace officers, who may carry firearms only if authorized and under terms and conditions specified by their employing agency, whose authority extends to any place in California to perform their primary duty, or when arresting for a public offense where there is immediate danger to a person or property or to prevent the perpetrator’s escape, as specified:
   1. A police officer of Los Angeles County if the primary duty of the officer is the enforcement of the law in or about properties owned, operated, or administered by their employing agency or when performing necessary duties concerning patrons, employees, and properties of their employing agency;
   2. During a proclaimed state of emergency or war, peace officers of the California Highway Patrol, deputies of the Department of Fish and Game, the Director and peace officers of the Department of Forestry and Fire Protection, and specified peace officers who are state employees.
   3. During a local emergency, peace officers of the California Highway Patrol, Department of Corrections, and Department of Youth Authority, when requested by local authorities to assist in local law enforcement.
   4. A person designated by a local agency as a park ranger who is regularly employed and paid in that capacity, if the primary duty is the protection of park and other property of the agency and the preservation of the peace therein; and
   5. A housing authority patrol officer employed by the housing authority of a city, district, county, or city and county, or employed by the police department of a city and county, if the primary duty of the officer is the enforcement of the law in or about properties owned, operated, or administered by his/her employing agency or when performing necessary duties with respect to patrons, employees, and properties of his/her employing agency. (Penal Code §830.31)

This bill:

1. Expands 4850 leave to:
   
   1. Park rangers outside of Los Angeles County who are designated by a local agency as a park ranger and regularly employed and paid in that capacity if their primary duty is the protection of the park and other agency property and preservation of peace therein; and
      
   2. Housing authority patrol officers outside of Los Angeles County who are employed by the housing authority or by a police department if the primary duty of the officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency.

COMMENTS

1. Background
Workers’ Compensation

Workers’ compensation temporary disability indemnity benefits are what an injured worker receives to make up for wages lost due to injury or illness acquired on the job or during the course of their work. The goal is to approximate an employee's take home pay, basing the benefit on two-thirds of the employee's average weekly wages. Calculation of indemnity benefits is based on the employee’s type of injury and subsequent disability. Because there is a cap, employees who make more than $1,619.50 per week do not reach the two-thirds goal, but because the benefit is not taxed, employees generally receive an adequate disability benefit while they are recovering.

Certain public safety classifications receive workers’ compensation benefits that other employees do not receive, such as presumptions that certain maladies are automatically deemed work-related (other employees are required to prove that their condition is work-related), and 4850 leave, which grants up to one year of full salary instead of the regular method for calculating temporary disability benefits. Because these benefits are paid due to disability, they are not subject to either state or federal taxes. Subsequently, the injured peace officer takes home more in weekly benefits than they normally would earn while working. Upon expiration of 4850 leave benefits, if the employee is still temporarily disabled, they are eligible to receive workers’ compensation TDI. In most cases, TDI will not be paid beyond 104 weeks.

Employee Classifications Proposed To Be Added

Park rangers who obtain peace officer’s standards training, among various other duties, provide public safety services at California’s parks and other public properties and are often the first responders for medical, fire, and other emergencies. Part of their duties can also entail addressing unlawful homeless encampments, which places these officers at risk of harm. The park ranger classifications proposed to be included in the 4850 leave provisions of this bill are employed by some, but not all, cities, counties, and local agencies. Currently, there are 208 park rangers and 71 vacancies that would be included as a result of this bill. In Sacramento County alone, park rangers issued 226 parking citations, 138 infractions, made 83 felony arrests, and made 62 misdemeanor arrests just in February of this year.

From time to time, employers and employee representatives will negotiate working conditions, policies, salaries, and benefits, among other things. This, the collective bargaining process, allows public employers and employee representatives to consider factors unique to the employee group and come to an agreement on those factors. In Sacramento County, for example, the Board of Supervisors has agreed to provide park rangers with leave benefits similar to 4850 leave to provide parity for that employee classification.

Proposed Committee Amendments

This bill is drafted to recast a provision that relates to Los Angeles County and apply it to all California counties. In the interest of clarity and to prevent confusion regarding which employee classification is proposed to be added, committee staff recommends the bill be amended to separate out the classification the author and sponsor wish to include in 4850 leave provisions and to specify that addition does not conflict with existing exclusions from 4850 leave.

Labor Code §4850

(a) Whenever any person listed in subdivision (b), who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the person’s duties, the person shall become entitled, regardless of the person’s 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 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 sheriff’s offices.

(5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorney’s 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 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) Peace officers under Section 830.31 of the Penal Code who are park rangers employed on a regular, full-time basis by a county or special district.

2. Need for this bill?

The author states “Currently, peace officers employed on a regular, full-time basis by a county are not afforded workers’ compensation and disability protections, except for county peace officers in Los Angeles County. The reason for that is because, due to language in the Labor Code specifying population, LA County is the only county that qualifies for these protections.”

3. Proponent Arguments

The sponsor, Sacramento County Criminal Justice Employees’ Union (SCCJEU) states “SCCJEU oversees a variety of county peace officers in Sacramento County, including park rangers, whose duties often times overlap with those of law enforcement and other peace officer entities who are already rightfully afforded these protections. Extending these protections to all peace officers employed on a regular, full-time basis by a county ensures parity across the state and protects many of these frontline workers.

Peace Officers’ Research Association of California states “Current law entitles, among others, peace officers employed on a regular full-time basis by a county of the first class, to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of their duties… Current law provides that a leave of absence under those provisions is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers’ compensation system. This bill would expand these provisions to instead entitle a peace officer employed on a regular full-time basis by any county to this leave of absence.”

4. Opponent Arguments

The coalition of opponents state “Our coalition opposes this expansion of salary continuation benefits as proposed by SB 1058 because no objective evidence has been offered to demonstrate that this enhanced benefit is necessary, and there has been no evaluation of the cost to our members. Local agencies typically fund workers’ compensation costs out of their general fund, and every dollar spent on special enhanced benefits must come from somewhere. Funding for the special benefits proposed by [this bill] will come out of local government budgets, and our coalition would respectfully urge the legislature to fully examine both the justification and cost related to the proposal.

Prior legislation that similarly expanded application of this benefit has been met with caution. Specifically, AB 346 (Cooper, 2019) expanded the application of salary continuation benefits to officers at local school districts and county offices of education. That bill was vetoed by Governor Newsom, who observed that the bill ‘would significantly expand 4850 benefits that can be negotiated locally through the collective bargaining process. Many local school districts face financial stress, and the addition of a well-intentioned but costly benefit should be left to local entities that are struggling to balance their priorities.’ We believe the same logic applies here.”

5. Prior Legislation

AB 346 (Cooper, 2019) would have granted 4850 leave benefits to police officers employed by a school district, county office of education, or community college district. In his veto message, Governor Newsom stated “While I appreciate the Legislature's intent, and do not take lightly the important public service provided by police officers in education settings, this bill would significantly expand 4850 benefits that can be negotiated locally through the collective bargaining process. Many local school districts face financial stress, and the addition of a well-intentioned but costly benefit should be left to local entities that are struggling to balance their priorities.”

AB 2047 (Chávez, 2018) was identical to AB 1451 (Chávez, 2015). This bill was held in the Assembly Committee on Insurance.

AB 1451 (Chávez, 2015) would have extended 4850 leave to lifeguards employed year-round on a regular, full-time basis by the City of Oceanside. In his veto message, Governor Brown stated “Recent data indicates public employers' costs related to this disability leave benefit have increased at an alarming rate. These cost figures give me pause to extend this benefit further in state law. If the City of Oceanside wishes to offer full salary in lieu of temporary disability for one year to their regular full-time lifeguards, they are free to do so by means of the collective bargaining process. Eligibility for this benefit is best left to the City of Oceanside, not the state, to determine.”

SB 559 (Block, 2015) would have authorized 4850 leave for specified lifeguards employed by the City of Imperial Beach. This bill was held in the Assembly Committee on Insurance.

SB 527 (Block, Chapter 66, Statutes of 2013) extended 4850 leave to full-time lifeguards employed by the City of San Diego.

AB 2397 (Solorio, 2010) would have authorized a public agency and a peace officer to mutually agree to extend a leave of absence with full pay applicable to the public safety officer injured on the job beyond the one year authorized by law for up to one additional year. This bill was vetoed by Governor Schwarzenegger, who stated “I appreciate and value the duties of public servants who perform difficult and dangerous tasks that risk their lives. However, as we have seen with the current pension crisis, there is often an inclination to add special benefits and compensation to unsustainable levels. I am unwilling to facilitate this lack of fiscal responsibility by creating potentially new costs for public entities administering the public's money.”

AB 1227 (Feuer, Chapter 389, Statutes 2009) removed the requirement that safety officers can only be eligible for 4850 leave if they belong to a public retirement system and instead only required that the safety officers be employed on a regular, full-time basis.

SUPPORT

Sacramento County Criminal Justice Employees’ Union (Sponsor)

California State Lodge Fraternal Order of Police

County of Sacramento

Park Rangers Association of California

Peace Officers Research Association of California

Monterey County Park Rangers Association

Sacramento County Deputy Sheriffs’ Association

Sacramento County Supervisor Sue Frost

Santa Clara County Park Rangers Association

OPPOSITION

California Association of Joint Powers Authorities

California Coalition on Workers’ Compensation

League of California Cities

Public Risk Innovation, Solutions, and Management

Rural County Representatives of California

-- END --

1. DWC Announces Temporary Total Disability Rates for 2024, State of California Department of Industrial Relations, November 27, 2023, https://www.dir.ca.gov/DIRNews/2023/2023-84.html ↑