Principles for Public Safety Employment

Section 4850 provides that a public safety employee who is disabled (temporarily or permanently) due to an injury or illness arising out of and in the scope of his or her duties is entitled to a paid leave of absence (in lieu of temporary disability payments or maintenance allowance payments) for the duration of the disability, or until he or she is retired on permanent disability pension and is actually receiving disability pension payments or advanced disability pension payments , but in no case exceeding one year. 324 Thus, a public safety employee is entitled to receive 4850 benefits for up to one year or until he/she recovers or retires and is receiving retirement benefits. An employee who, due to an industrial injury, is assigned to a modified or light duty assignment that is paid less than the employee’s regular assignment is not on a “leave of absence” and therefore is excluded from section 4850 compensation. In County of Nevada v. Workers’ Compensation Appeals Board , the Court of Appeal rejected the argument that an employee whose regular assignment was on the night shift, entitling them to a 5% shift differential, was entitled to section 4850 compensation to make up the difference between his regular salary, and his pay on his day-shift light duty assignment. The court held that “a ‘leave of absence’ is a foundational prerequisite to the application of section 4850 's no-loss-of-salary guarantee, and a person who has returned to work, even on modified duty, is not on a leave of absence.” 325 1. E MPLOYEES W HO ARE E LIGIBLE FOR 4850 B ENEFITS The following are the only employees who are entitled to claim benefits under Labor Code section 4850:  City police officers;  City, county, or district firefighters;  Sheriffs;  Officers or employees of any sheriff's offices;  Inspectors, investigators, detectives, or personnel with comparable titles in any district attorney's office;  County probation officers, group counselors, or juvenile services officers;  Officers or employees of a probation office;  Peace officers under Section 830.31 of the Penal Code employed on a regular, full-time basis by a county of the first class;  Lifeguards employed year round on a regular, full-time basis by a county of the first class;  Airport law enforcement officers under subdivision (d) of Section 830.33 of the Penal Code;

 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; and  Police officers of the Los Angeles Unified School District. 326

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 102