Mannetter v. County of Marin

In Mannetter v. County of Marin (1976) 62 Cal. App. 3d 518, a deputy sheriff was assigned to work a regular shift of duty on July 4, 1973. However, on July 3, the employee suffered an industrial injury resulting in temporary disability and on the Fourth of July he was out on disability leave of absence pursuant to section 4850. ( Mannetter, supra, 62 Cal. App. 3d at p. 520.) Although the employee was paid his regular salary for that day, he demanded additional compensation at the rate of time and one-half for July 4. ( Id. at pp. 520-521.) The collective bargaining agreement provided for payment of time and one-half for an employee who is required to work on a holiday. ( Id. at p. 521.) Mannetter held the employee was not entitled to pay for work not performed, and rejected the employee's attempt to equate "scheduled to work" with " 'required to work.' " (Ibid.) Mannetter concluded: "Although there is a strong public policy to indemnify fully an employee for loss resulting from an industrial injury, this policy does not include indemnification for benefits that an employee might have received as a condition of employment during the period of time he was on a leave of absence." ( Id. at p. 525.)