Los Angeles Municipal Code Art. 6 Vacations, Leaves

Section 4.175 Military Leave with Pay. 4.176 Allowance of Sick Leave with Pay for Illness or Injury Not Sustained in Course of Employment Accumulation. 4.176.1 Allowance for Leave for Pregnancy. 4.177 Compensation to Be Paid to Members of the Fire Department and Police Department Who Are Disabled in the Performance of Their Duties.

SECTION HISTORY

Based on Ord. No. 89,935. Amended by: Ord. No. 106,560; Subsec. (d) added Ord. No. 138,460, Eff. 4-7-69; Subsec. (b), Ord. No. 140,689, Eff. 7-15-70; Subsec. (e), added, Ord. No. 141,335, Eff. 12-17-70; Subsecs. (c) and (d), Ord. No. 143,444, Eff. 6-20-72; Subsecs. (a), (b), (e), (f), Ord. No. 146,826, Eff. 12-30-74; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00. Repealed by Ord. No. 173,791, Eff. 3-2-01.

SECTION HISTORY

Based on Ord. No. 89,935. Amended by: Ord. No. 93,221; Ord. No. 143,444, Eff. 6-20-72. Repealed by Ord. No. 173,791, Eff. 3-2-01.

In the event any member of the Fire Department or Police Department after the completion of the member’s initial year of service, is granted a military leave under the provisions of the Military and Veterans Code of the State of California, other than a temporary military leave, cash payment of a sum equal to all accrued but unused vacation, including vacation time accrued during the proportionate part of the year in which such leave is granted, may be made to such member at the salary rate current at the date of the commencement of such leave. Before any payment as herein provided is made, such member shall furnish to the member’s appointing authority two (2) certified copies of the member’s orders, one to be filed in the department in which the member is employed and the other with the Controller, or in lieu thereof, the member shall furnish to such appointing authority upon forms provided by the Controller certified evidence of the member’s entry into active service in the armed forces of the United States and the date thereof; provided, however, that presentation of the proof required under Section 4.175 may be deemed proof under this section for the same military leave. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to the Controller of the entry of such member into active service in such armed forces.

SECTION HISTORY

Based on Ord. No. 89,935. Amended by: Ord. No. 100,537.

(a) Every member of the Fire Department or Police Department who has been in the service of the City for a period of not less than one year and who qualifies for and is granted a military leave, whether temporary or otherwise, pursuant to Sections 389, 395, 395.01, 395.02, 395.03, or 395.05 of the California Military and Veterans Code (MVC), or pursuant to any other section of the Military and Veterans Code applicable to public employees or officers of city public agencies, shall, before the member is paid the member’s salary or compensation during such leave, or any part thereof, as provided in said Code, furnish to the member’s appointing authority two (2) certified copies of the member’s orders, and one (1) copy to be filed in the department in which the member is employed and the other with the Controller, or in lieu hereof, the member shall furnish to such appointing authority upon form provided by the Controller certified evidence of the member’s entry into active service of the armed forces of the United States and the date thereof. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to the Controller of the entry of such member into active service in such armed forces and of the actual performance by the member of ordered military duty during all or any part of such leave.

(b) In determining whether a member has been in the service of the City for a period of not less than one year immediately prior to the date on which the absence begins, continuous service as that term is defined in Section 4.42(t) of this Code shall be required; provided, however, that service in any department having control of its own funds shall be counted in making such determination.

SECTION HISTORY

Based on Ord. No. 89,935. Amended by Ord. No. 100,637; Subsec. (a), Ord. No. 188,620, Eff. 6-10-25.

(a) If a member of the Fire Department or Police Department who is temporarily disabled by reason of illness or injury proximately caused by, arising out of, and in the course and scope of the member’s employment, shall receive as temporary disability compensation (Division IV of the Labor Code of the State of California) an amount equal to the member’s base salary less the sum that would be deducted therefrom pursuant to Section 4.2014 of this Code or Charter Sections 1324, 1420, 1514, or 1614, as applicable, if the member were actively performing the member’s duties. Provided, however, that in no event shall any member of the Fire Department or Police Department receive any temporary disability compensation pursuant to this subsection after the member has been granted a pension, or for a period longer than one (1) year. In the event that the member is temporarily disabled and prevented by such temporary disability from returning to duty at the expiration of one (1) year, and said member has not been granted a pension prior to that time, the member shall then receive temporary disability compensation at the rate provided in Division IV of the Labor Code of the State of California.

(b) Any member of the Fire Department or Police Department who is disabled by reason of illness or injury proximately caused by, arising out of, and in the course and scope of the member’s employment, and a physician designated by the Personnel Department has certified that the member is permanently disabled and that the member is not fit by reason of the disability for any type of available duty, the member shall receive as disability compensation (Division IV of the Labor Code of the State of California) an amount equal to the member’s base salary less the sum, which would be deducted therefrom pursuant to Section 4.2014 of this Code or Charter Sections 1324, 1420, 1514 or 1614, as applicable, if the member were actively performing the member’s duties. Provided, however, that in no event shall any member of the Fire Department or Police Department receive any disability compensation pursuant to this subsection after the member has been granted a pension nor shall any member receive any temporary disability compensation pursuant to Subsection (a) of this section plus disability compensation pursuant to this subsection or any combination thereof for a period longer than one (1) year. Further provided, that no disability compensation shall be paid pursuant to this subsection unless a written application for a disability pension is filed with the Department of Pensions as soon as practicable after the Fire Department or Police Department is notified that the condition of the disabled member has been declared permanent and stationary.

(c) All issues and conflicts, including issuance of medical fact, which may arise by the application of this section, shall be resolved by the General Manager of the Personnel Department.

(d) The employing department shall make the initial determination as to proximate cause of injury or illness, workers’ compensation benefits shall be administered in accordance with the provisions of Division IV of the Labor Code by the General Manager of the Personnel Department, any dispute concerning the proximate cause of injury or illness shall be resolved in accordance with the advice of the City Attorney. The benefits of this section shall be administered in accordance with decisions of the Workers’ Compensation Appeals Board.

(e) Upon the operative date of this Subsection, employees in the classification of Chief Paramedic, Code 2300, shall be considered members of the Fire Department eligible for the benefits provided under this section.

SECTION HISTORY

Based on ord. No. 89,935. Amended by: Ord. No. 99,770; Ord. No. 138,534, Eff. 4-25-69; Ord. No. 140,848, Eff. 8-31-70; Subsec. (e) repealed, Ord. No. 147,646, Eff. 9-11-75; In Entirety, Ord. No. 158,352, Eff. 9-23-83, Oper. 1-28-80; Subsec. (e) added, Ord No. 168,262, Eff. 10-5-92, Oper. 10-18-92; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; First Sentence of Subsec. (a) and First Sentence of Subsec. (b), Ord. No. 179,186, Eff. 9-25-07.

SECTION HISTORY

Based on Ord. No. 89,935. Amended by: Ord. No. 140,780, Eff. 7-31-70. Repealed by Ord. No. 173,791, Eff. 3-2-01.

SECTION HISTORY

Added by Ord. No. 140,780, Eff. 7-31-70. Repealed by Ord. No. 173,791, Eff. 3-2-01.

Effective January 1, 2024, in compliance with California Government Code Section 12945.6, sworn firefighters and police officers shall be

entitled to leave for reproductive loss in accordance with Section 4.127.2 of this Code.

SECTION HISTORY

Added by Ord. No. 188,238, Eff. 5-17-24.