Los Angeles County Professional Peace Officers' Ass'n v. County of Los Angeles

Labor Code section 4850 provides that when a public safety officer (like each plaintiff here) “is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her duties, he or she shall become entitled ... to a leave of absence while so disabled without loss of salary . . . .” (Italics added.) The statute is part of the workers’ compensation law. Its purpose “is to provide special benefits to police, sheriffs, and firefighters. ‘The reason for such exceptional treatment for policemen and firemen is obvious: not only are their occupations particularly hazardous, but they undertake these hazards on behalf of the public. The Legislature undoubtedly sought to ensure that policemen and firemen would not be deterred from zealous performance of their mission of protecting the public by fear of loss of livelihood.’ ( 51 Ops.Cal.Atty.Gen. 32 , 34 (1968).)” (Biggers v. Workers’ Comp. Appeals Bd. (1999) 69 Cal.App.4th 431, 440 [ 81 Cal.Rptr.2d 628 ].)

The principal question in this case is whether Los Angeles County’s (the County) policies concerning payment for excess accumulated vacation hours violate section 4850. This is the…