LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE C. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES OF MORE THAN ONE TYPE OF LOCAL GOVERNMENT

CHAPTER 177A. ILLNESS OR INJURY LEAVE OF ABSENCE FOR FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL SERVICES PERSONNEL OF POLITICAL SUBDIVISION

Sec. 177A.001.  DEFINITIONS.  In this chapter:
(1)  "Emergency medical services personnel" means a person described by Section 773.003, Health and Safety Code, who is a paid employee of a political subdivision.
(2)  "Firefighter" means a firefighter who is a permanent, paid employee of the fire department of a political subdivision.  The term includes the chief of the department.  The term does not include a volunteer firefighter.
(3)  "Police officer" means a paid employee who is full-time, holds an officer license issued under Chapter 1701, Occupations Code, and regularly serves in a professional law enforcement capacity in the police department of a political subdivision.  The term includes the chief of the department.
Added by Acts 2023, 88th Leg., R.S., Ch. 665 (H.B. 471), Sec. 1, eff. June 12, 2023.

Sec. 177A.002.  EFFECT ON LABOR AGREEMENTS.  Notwithstanding any other law, including Section 142.067, 142.117, 143.207, 143.307, 143.361, 147.004, or 174.005, a collective bargaining, meet and confer, or other similar agreement that provides a benefit for an ill or injured employee must provide a benefit that, at a minimum, complies with this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 665 (H.B. 471), Sec. 1, eff. June 12, 2023.

Sec. 177A.003.  LINE OF DUTY ILLNESS OR INJURY LEAVE OF ABSENCE.  (a)  A political subdivision shall provide to a firefighter, police officer, or emergency medical services personnel a leave of absence for an illness or injury related to the person's line of duty.  The leave is with full pay for a period commensurate with the nature of the line of duty illness or injury.  If necessary, the political subdivision shall continue the leave for at least one year.
(b)  At the end of the leave of absence under Subsection (a), the governing body of the political subdivision may extend the leave of absence at full or reduced pay.
(c)  If the firefighter, police officer, or emergency medical services personnel is temporarily disabled by a line of duty injury or illness and the leave of absence and any extension granted by the governing body has expired, the person may use accumulated sick leave, vacation time, and other accrued benefits before the person is placed on temporary leave.
(d)  If the leave of absence and any extension granted by the governing body has expired, a firefighter, police officer, or emergency medical services personnel who requires additional leave described by this section shall be placed on temporary leave.
Added by Acts 2023, 88th Leg., R.S., Ch. 665 (H.B. 471), Sec. 1, eff. June 12, 2023.

Sec. 177A.004.  RETURN TO DUTY.  (a)  If able, a firefighter, police officer, or emergency medical services personnel may return to light duty while recovering from a temporary disability.  If medically necessary, the light duty assignment may continue for at least one year.
(b)  After recovery from a temporary disability, a firefighter, police officer, or emergency medical services personnel shall be reinstated at the same rank and with the same seniority the person had before going on temporary leave.  Another firefighter, police officer, or emergency medical services personnel may voluntarily do the work of the injured firefighter, police officer, or emergency medical services personnel until the person returns to duty.
Added by Acts 2023, 88th Leg., R.S., Ch. 665 (H.B. 471), Sec. 1, eff. June 12, 2023.