PUBLIC EMPLOYEE DISABILITY

Session: 104th General Assembly
Year: 2026
Bill #: HB4491
Category: Labor, Personnel and Pensions
Position: Oppose
Mandate? Yes
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Amends the Public Employee Disability Act. Provides that, whenever an eligible employee suffers any injury or illness in the line of duty (rather than suffers any injury in the line of duty) which causes that employee to be unable to perform the employee's duties, the employee shall continue to be paid by the employing public entity on the same gross pay basis, inclusive of all pensionable salary, as the employee was paid before the injury (rather than paid by the employing public entity on the same basis as he was paid before the injury), with no deduction from and with continued accrual of any sick leave credits (rather than with no deduction from his sick leave credits) and specified other compensation, with other requirements. Makes technical changes.

Staff Analysis

The bill amends the Public Employee Disability Act to revise disability benefit provisions for eligible public employees. As amended, the bill maintains existing injury-related benefits while removing language that would have extended those provisions to illnesses, and instead creates a separate framework for line-of-duty illness. Under the new provisions, an employee who suffers an illness in the line of duty and is unable to perform duties shall continue to receive full gross pay, including all pensionable salary, with no deduction and continued accrual of sick leave, compensatory time, vacation credits, and pension service credits for up to one year per illness. The amendment also makes conforming changes to ensure consistency between injury and illness benefit provisions.

The amendment expands and clarifies benefits that counties must provide to eligible public employees, particularly by creating a defined framework for line-of-duty illnesses. Counties—as employers of sheriff’s deputies, correctional officers, and other covered personnel—would be required to continue paying full salary (including pensionable earnings) and maintain accrual of leave and pension credits for up to one year when an employee is unable to work due to a qualifying illness. This is likely to increase personnel costs, especially in cases involving extended absences, as counties would need to fund both the absent employee’s compensation and any replacement staffing needed to maintain operations. The changes also reduce flexibility for counties to offset costs through leave banks or compensation adjustments, while potentially increasing administrative responsibilities to track eligibility, benefit duration, and compliance with the revised standards.



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