What Is California Labor Code §4800: Full Salary Leave for Safety Officers?

(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.

What Is California Labor Code §4800?

Section 4800 pays full salary, instead of temporary disability, to a short, named list of state safety workers hurt on the job.

Labor Code section 4800 protects a small group of state safety employees. It swaps the usual temporary disability check for a full year of regular salary. The statute names three groups. One is Department of Justice employees in the "state peace officer/firefighter" class. Another is certain law enforcement officers at the Department of Fish and Wildlife. The third is harbor police officers who work for the San Francisco Port Commission.

This section does not cover every state employee. It does not cover city or county police officers and firefighters. Those workers usually fall under Labor Code 4850 instead. Section 4800 also leaves out Department of Justice staff whose main job is clerical or technical, such as a telephone operator, clerk, or mechanic. That is true even when the department occasionally calls on that person for enforcement work.

Who qualifies for full salary under Labor Code 4800?

Three named groups qualify, and the benefit stops once employment ends.

Subdivision (a) covers Department of Justice employees in the state peace officer or firefighter class. These are the special agents and investigators who do active law enforcement work for the department. Subdivisions (b) and (c) add two more groups.

• Fish and Wildlife law enforcement. Officers at the Department of Fish and Wildlife described in Penal Code section 830.2(e).
• San Francisco Harbor Police. Harbor police officers employed by the San Francisco Port Commission.

Subdivision (d) adds a limit. The benefit does not apply to a disability that begins after the job ends by resignation, retirement, or dismissal. If section 4800 does not apply for that reason, the worker still keeps the other benefits the law would otherwise provide.

How does the one year full salary period work?

The leave pays full salary in place of a temporary disability check, not on top of it.

A qualifying officer cannot work because of the on duty injury. During that time, the department keeps paying full salary instead of sending a temporary disability check. The statute calls this a leave of absence "in lieu of disability payments." The one year clock starts on the date the disability begins, not on the officer's hire date.

Labor Code 4800 applies no matter how long the person has worked for the department. A first year hire and a twenty year employee qualify on the same terms. This benefit does not replace the rest of the workers' compensation system. The worker's claim still follows the normal rules for anything section 4800 does not cover, including the payment timing rules in Labor Code 4650.

What happens to medical care and retirement during the leave?

Medical treatment continues, and retiring does not cut it off.

For Department of Justice workers and the harbor police, a related law, Labor Code section 4802, keeps medical, surgical, and hospital care in place for the on duty injury. That care starts on the date of injury. Retiring under the Public Employees' Retirement System does not end it. The worker's own department or commission pays for that care directly.

What should you do if the department disputes your claim?

Save your records. A disputed claim can still go to the Workers' Compensation Appeals Board.

For the harbor police, Labor Code section 4801 gives the Workers' Compensation Appeals Board (WCAB) the job of deciding whether a disability arose out of and in the course of duty, when the San Francisco Port Commission asks it to decide. The WCAB also decides when that disability ends. The WCAB is the same board that hears other California workers' compensation disputes, so a Department of Justice or Fish and Wildlife worker whose department denies an on duty injury can raise that dispute with the WCAB as well.

Keep the incident report, medical records tied to the injury, and pay records that show the full salary payments. Note the date the disability began, since that date starts the one year clock. If a department cuts off pay or denies that the injury happened on duty, see what to do after a denied California workers' comp claim. A firm's fee in an accepted case is usually 15% to 18% of the award. A workers' compensation judge must approve it under Labor Code 4906. This page explains how that works.

How is Labor Code 4800 different from Labor Code 4850?

4800 covers specific state departments; 4850 covers city, county, and district safety workers.

Labor Code 4850 pays full salary to city police officers, county sheriffs, and city, county, or district firefighters, among other local safety employees. Labor Code 4800 covers a different, smaller list. It covers Department of Justice peace officer or firefighter class members, Fish and Wildlife officers, and the harbor police force in San Francisco. Check which agency actually employs you before you assume either law applies. See Labor Code 4850: Full, Tax-Free Salary for Safety Officers for the city and county version of this benefit.

Does your department dispute your claim under Labor Code 4800? Are you unsure whether section 4800 or section 4850 covers your position? Yazdchi Law P.C. reviews each matter individually from its Palmdale office. Call (661) 273-1780 or use the contact form to ask about a free consultation.