Principles for Public Safety Employment

was denied wages and other benefits from her employment from the time she was placed on unpaid status. The Court explained that after Sanchez was placed on unpaid status, she used her accrued vacation leave and sick time and also received short-term disability benefits, which are only available to County employees. However, Sanchez was not allowed to accrue any additional leave after she was placed on unpaid status, and her health insurance coverage was subsequently terminated. Sanchez began receiving unemployment insurance benefits and by the time of the hearing on her writ petition she had not yet received any disability retirement benefits. The Court explained that by placing Sanchez on unpaid status due to her medical condition, the County effectively deprived Sanchez of her wages and other benefits of her employment. This constituted “disciplinary action” within the meaning of the MOU which provided for an administrative appeal for such action. It further constituted “punitive action” within the meaning of the POBR thereby also triggering her right to an administrative appeal by statute. The Court agreed that while the County could not have necessarily returned Sanchez to working status, the County did not explain why it did not place Sanchez on paid administrative leave pending CalPERS’, approval of the disability retirement application, or a final decision on Sanchez appeal of that application, if approved. The Court held that Sanchez was entitled to a MOU hearing “not of her termination per se, but of the County’s ‘disciplinary actions’ denying her wages and benefits” from and after the date she was placed on unpaid status. Note: This case does not cite to, nor expressly disagree with Rodarte v. Orange County Fire Authority 349 , which held that there is no independent statutory right of a non-working employee to be paid by an employer after a disability retirement application has been filed, but before the employee begins to actually receive the disability retirement allowance. Riverside Sheriffs’ Association holds that when an employer forces an employee to use his or her accrued paid leaves or forces an employee onto unpaid status because the employer has found the employee unable to perform the essential functions of the job with or without reasonable accommodation, the employer has effectively denied the employee the benefits of employment. This denial triggers an employer's due process obligations, which requires the employer to provide the employee with notice and an opportunity to be heard before the deprivation and an opportunity for a post-deprivation evidentiary appeal. The employer therefore must, in addition to filing an application for disability retirement, afford an employee all due process protections before and after depriving the employee of salary and other benefits of employment. This case also contains language indicating that placing an employee on unpaid leave while the disability retirement application is pending is equivalent to a separation from employment, which would violate Government Code Section 21153. In most instances involving safety employees, the employer will make advanced disability pension payments during this time period, effectively neutralizing the impact of Riverside Sheriffs’ Association. However, in those situations

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