What Is California Labor Code §4850: Full Salary Leave?

(a) Whenever any person listed in subdivision (b), who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the person’s duties, the person shall become entitled, regardless of the person’s period of service with the city, county, or district, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, if any, that would be payable under this chapter, for the period of the disability, but not exceeding one year, or until that earlier date as the person is retired on permanent disability pension, and is actually receiving disability pension payments, or advanced disability pension payments pursuant to Section 4850.3.

What Is California Labor Code 4850?

Labor Code 4850 pays certain injured California public safety workers full salary, not a partial wage.

Most hurt California workers draw TD, short for temporary disability. TD usually equals about two-thirds of a worker's wage, as the DIR (Department of Industrial Relations) guide for injured workers explains. Section 4850 works differently. A short, named list of public safety workers keep full pay instead of TD. The leave can run for as long as a year, tied to one job injury or illness.

DIR confirms that this pay is tax-free and calls it a leave of absence without loss of salary. WCAB rulings back this up. Published decisions confirm the benefit paid to county firefighters, to a Foster City firefighter, and to an LAPD motorcycle sergeant.

How much does 4850 pay, and is it taxed?

4850 pay equals full salary, and the state treats it as tax-free income.

Standard TD pays about two-thirds of a worker's wage. It is capped at a state maximum. It also runs under the 104-week cap in Labor Code 4656 for most claims. The statute pays 4850 benefits in place of TD, not as TD. So time on 4850 pay generally does not count toward that cap. An eligible worker keeps the same paycheck earned before the injury, not a reduced share.

• Standard TD: about two-thirds of average weekly wages, capped at the weekly maximum, limited to 104 weeks total.
• 4850 pay: full regular salary, paid instead of TD, for a full year per injury, and tax-free.

Checks under either benefit must still arrive on schedule. Our guide to Labor Code 4650 payment timing explains those rules.

How long does the 4850 leave last?

Published WCAB rulings describe a leave of up to one year per qualifying injury, not one year total for an entire career.

A WCAB panel decision put the rule plainly. A covered firefighter or officer gets full salary instead of TD for up to a year when hurt on the job. That period ties to one injury date, not to the worker's whole job history. A worker hurt twice, in separate claims whose disability periods do not overlap, may draw a separate year of 4850 pay for each injury.

The leave can also end early. Under the statute, 4850 pay stops once the worker retires on a permanent disability pension and starts getting those payments. A published WCAB decision confirms this, even when a full year has not passed.

The clock can keep running even while the employer and administrator argue about the start date or the exact pay rate. In one published 2025 decision, a judge ordered both sides to work out the correct weekly rate only after the one-year period had passed. Save every pay stub, work schedule, and notice. Good records make the dates and rate easier to prove.

Who is covered by Labor Code 4850?

The statute names specific titles. Confirmed examples are firefighters, sworn police officers, and, since January 2026, certain Sacramento County park rangers.

Labor Code 4850 is written for a short, named list of titles. It mainly reaches full-time city and county firefighters and full-time, sworn police officers. The list also names sheriffs, certain district attorney investigators, some county probation staff, and a handful of other specific law enforcement titles. Published WCAB decisions confirm the benefit paid to firefighters at more than one department, and to an LAPD officer. A new state law, Senate Bill 8, took effect January 1, 2026. It added certain Sacramento County park rangers to the group this section covers. The statute does not reach every city or county job. If your role is not a clear match, check the wording at the leginfo link on this page or ask your department's personnel office.

Coverage under 4850 differs from whether an injury counts as job-related. Some public safety jobs also get a presumption that certain illnesses are job-related. Our guide to the first-responder PTSD presumption covers that rule. Section 4850 instead controls how much the worker is paid once a claim is accepted.

What happens after the leave ends, or if a check is wrong?

If a worker is still unable to work once the leave year ends, the claim generally moves onto standard TD rules.

Once the 4850 period ends for an injury, a worker who still cannot return to work typically moves onto ordinary TD, at the usual rate and caps. If the treating doctor later finds the condition permanent and stationary, meaning it will not improve further, the claim can shift toward permanent disability. Our guide to Labor Code 4660 permanent disability rating explains that process.

Full salary sounds simple, but real cases show the amount is not fixed in advance. In one published 2025 decision, an employer delayed the TD payment that followed a firefighter's 4850 year. It partly blamed uncertainty over the earlier 4850 rate. A judge rejected that excuse and ordered a $10,000 penalty, the maximum allowed under section 5814, for the unreasonable delay. In another case, an employer applied one injury's 4850 credit against a separate injury. Keep pay stubs, schedules, and every notice from the administrator. If a check is short, late, or stopped with no reason, raise it with the administrator in writing. Our guide to the 25 percent late-payment penalty explains one remedy, and our guide to a denied workers' compensation claim in California covers broader next steps when a claim is cut off or refused.

If you are a California police officer, firefighter, or other public safety worker with a 4850 pay dispute, a late check, or a reduced claim, Yazdchi Law P.C. can help. The firm reviews pay records, claim notices, and medical reports to help sort out what is owed. Call (661) 273-1780 or use our contact form to set up a free initial review. The firm reviews each matter's own facts before deciding whether to take a case.