Section 230.3 Of Article 1. General Occupations From California Labor Code >> Division 2. >> Part 1. >> Chapter 1. >> Article 1.
230.3
. (a) An employer shall not discharge or in any manner
discriminate against an employee for taking time off to perform
emergency duty as a volunteer firefighter, a reserve peace officer,
or emergency rescue personnel.
(b) An employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
the terms and conditions of employment by his or her employer because
the employee has taken time off to perform emergency duty as a
volunteer firefighter, a reserve peace officer, or emergency rescue
personnel shall be entitled to reinstatement and reimbursement for
lost wages and work benefits caused by the acts of the employer. Any
employer who willfully refuses to rehire, promote, or otherwise
restore an employee or former employee who has been determined to be
eligible for rehiring or promotion by a grievance procedure,
arbitration, or hearing authorized by law, is guilty of a
misdemeanor.
(c) (1) Subdivisions (a) and (b) of this section shall not apply
to any public safety agency or provider of emergency medical services
if, as determined by the employer, the employee's absence would
hinder the availability of public safety or emergency medical
services.
(2) An employee who is a health care provider shall notify his or
her employer at the time the employee becomes designated as emergency
rescue personnel and when the employee is notified that he or she
will be deployed as a result of that designation.
(d) (1) For purposes of this section, "volunteer firefighter"
shall have the same meaning as the term "volunteer" in Section 50952
of the Government Code.
(2) For purposes of this section, "emergency rescue personnel"
means any person who is an officer, employee, or member of a fire
department or fire protection or firefighting agency of the federal
government, the State of California, a city, county, city and county,
district, or other public or municipal corporation or political
subdivision of this state, or of a sheriff's department, police
department, or a private fire department, or of a disaster medical
response entity sponsored or requested by this state, whether that
person is a volunteer or partly paid or fully paid, while he or she
is actually engaged in providing emergency services as defined by
Section 1799.107 of the Health and Safety Code.
(3) For purposes of this section, "health care provider" means any
person licensed or certified pursuant to Division 2 (commencing with
Section 500) of the Business and Professions Code, or licensed
pursuant to the Osteopathic Initiative Act, or the Chiropractic
Initiative Act.