3270.
(a) (1) (A) A fire department shall provide a paid leave of absence of up to 26 weeks to a firefighter who requests leave because the firefighter is disabled by pregnancy, childbirth, or a related medical condition.
(B) As a condition of granting or continuing the paid leave under this section, a fire department may require the firefighter to provide written medical certification from the firefighter’s health care provider documenting that the firefighter requires leave because the firefighter is actually disabled by pregnancy, childbirth, or a related medical condition, and stating the anticipated start date and duration of the leave.
(C) Except as provided in paragraph (2), the leave of absence shall be with full pay, at the firefighter’s regular rate of pay set forth in the applicable collective bargaining agreement and in accordance with their normal pay schedule.
(D) Paid leave under this section shall run concurrently with job-protected leave under paragraph (1) of subdivision (a) of Section 12945 or leave under paragraph (1) of subdivision (m) of Section 12940, or both.
(2) For part-time firefighters, the amount of paid leave per week, subject to a maximum of 26 weeks, shall be calculated in accordance with the both following:
(A) If the part-time firefighter works a fixed number of hours per week, the firefighter shall receive weekly pay for the total number of hours the firefighter is normally scheduled to work for the fire department.
(B) If the part-time firefighter does not work a fixed number of hours per week, the firefighter shall receive weekly pay in an amount equaling the firefighter’s average weekly pay during the six-month period immediately preceding the date that the firefighter began their paid leave.
(3) All benefits, including retirement contributions, seniority, promotional eligibility, and step increases, shall continue to accrue during the paid leave as if the firefighter were actively working. Notwithstanding any other law, a fire department shall maintain group health coverage for a firefighter who takes paid leave under this section for the duration of the paid leave at the same level and under the same conditions that coverage would have been provided if the firefighter had not taken the paid leave.
(4) A fire department shall not require a firefighter to exhaust paid sick leave, vacation, or compensatory leave time before or while taking the paid leave under this section.
(5) Compensation during the paid leave taken under this section shall include retirement fund contributions required of the fire department. The firefighter shall earn full service credit during the paid leave and shall pay member contributions to the retirement fund.
(6) A firefighter returning from paid leave taken under this section shall be restored to their prior position or a position of equivalent rank, pay, schedule, station assignment, and promotional trajectory.
(b) (1) This section applies to an active firefighting member who has at least 1,250 hours of service with the fire department in the 12-month period before the date on which the paid leave begins.
(2) Notwithstanding paragraph (1), there are no eligibility requirements, including minimum hours worked or length of service, before an employee may take unpaid, job-protected leave for a disability due to pregnancy, childbirth, or a related medical condition under paragraph (1) of subdivision (a) of Section 12945.
(c) This section does not preempt or limit any collective bargaining agreement, state law or policy, or local law or policy providing greater rights or benefits.
(d) A fire department may count benefits provided to a firefighter under another law, employer-provided paid leave policy, or disability insurance plan that are payable for the reasons listed in paragraph (1) of subdivision (a), other than vacation, sick, or other compensated leave time, toward the requirements of this section. Full satisfaction of the requirements of this section is met if the fire department ensures that the firefighter receives their full pay during the leave of absence required by this section without a reduction to the firefighter’s vacation, sick, or other compensated leave time balances.
(e) (1) This section applies to active firefighting members of the following fire departments:
(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B) A fire department of the California State University.
(C) The Department of Forestry and Fire Protection.
(D) A county forestry or firefighting department or unit.
(2) A fire department of the University of California is requested to comply with this section.