Legislature Provides Enhanced Benefits for First Responders and Employees Related to Illness and Injury
Governor Abbott signed into law House Bill 471 on June 12, 2023. Taking effect immediately, H.B. 471 aims to provide improved entitlements and claims processes for individuals affected by illness or injury. The new legislation introduces Chapter 177A to Subtitle C, Title 5 of the Local Government Code, outlining provisions specifically for firefighters, police officers, and emergency medical services (EMS) personnel of political subdivisions. H.B. 471 also includes provisions for benefit offsets and coordination with workers’ compensation.
Here are some key provisions of the bill:
- Definitions
To ensure clarity, H.B. 471 defines important terms as follows:
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- “Emergency medical services personnel” refers to paid employees of a political subdivision described by Section 773.003 of the Health and Safety Code.
- “Firefighter” includes permanent, paid employees of a political subdivision’s fire department, excluding volunteer firefighters. This definition encompasses the chief of the department.
- “Police officer” refers to full-time, paid employees who hold an officer license issued under Chapter 1701 of the Occupations Code and serve in a professional law enforcement capacity within a political subdivision’s police department. The definition also includes the chief of the department.
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- Effect on Labor Agreements
H.B. 471 ensures that any collective bargaining, meet and confer, or similar agreement providing benefits for ill or injured employees must, at the very least, comply with the provisions of this chapter. This requirement applies notwithstanding other laws, such as Section 142.067, 142.117, 143.207, 143.307, 143.361, 147.004, or 174.005.
- Line of Duty Illness or Injury Leave of Absence
The legislation mandates that political subdivisions provide firefighters, police officers, and EMS personnel with a leave of absence when they experience an illness or injury related to their line of duty. During this leave, individuals will receive full pay for a duration corresponding to the nature of their illness or injury. If necessary, the leave must be continued for at least one year. Following this initial leave, the governing body of the political subdivision may choose to extend the leave with full or reduced pay. If temporary disability persists after the leave and any extension, the individual may utilize accumulated sick leave, vacation time, and other accrued benefits before being placed on temporary leave.
- Return to Duty
Once a firefighter, police officer, or EMS personnel has recovered from a temporary disability, they are entitled to return to light duty, if able. If medically necessary, the light duty assignment can continue for at least one year. Furthermore, individuals who recover from a temporary disability must be reinstated at their previous rank and with the same seniority they held before going on temporary leave. During the recovery period, another firefighter, police officer, or EMS personnel may voluntarily assume the duties of the injured individual until they are ready to resume duty.
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