California Labor Code 4800 – (a) Whenever any member of the Department of Justice falling …
(a) Whenever any member of the Department of Justice falling within the “state peace officer/firefighter” class is disabled by injury arising out of and in the course of his or her duties, he or she shall become entitled, regardless of his or her period of service with the Department of Justice to leave of absence while so disabled without loss of salary, in lieu of disability payments under this chapter, for a period not exceeding one year. This section applies only to members of the Department of Justice whose principal duties consist of active law enforcement and does not apply to persons employed in the Department of Justice whose principal duties are those of telephone operator, clerk, stenographer, machinist, mechanic, or otherwise clearly not falling within the scope of active law enforcement service, even though this person is subject to occasional call or is occasionally called upon to perform duties within the scope of active law enforcement service.
(b) This section applies to law enforcement officers employed by the Department of Fish and Wildlife who are described in subdivision (e) of § 830.2 of the Penal Code.
Terms Used In California Labor Code 4800
- Department: means Department of Industrial Relations. See California Labor Code 19
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Labor Code 3212.1
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
(c) This section applies to harbor police officers employed by the San Francisco Port Commission who are described in § 20402 of the Government Code.
(d) This section shall does not apply to periods of disability that occur subsequent to termination of employment by resignation, retirement, or dismissal. When this section does not apply, the employee shall be eligible for those benefits that would apply if this section had not been enacted.
(Amended by Stats. 2017, Ch. 561, Sec. 175. (AB 1516) Effective January 1, 2018.)