BILL NUMBER: AB 2195 CHAPTERED
BILL TEXT
CHAPTER 275
FILED WITH SECRETARY OF STATE AUGUST 26, 2002
APPROVED BY GOVERNOR AUGUST 26, 2002
PASSED THE SENATE AUGUST 12, 2002
PASSED THE ASSEMBLY MAY 16, 2002
INTRODUCED BY Assembly Member Corbett
FEBRUARY 20, 2002
An act to amend Sections 230 and 230.1 of the Labor Code, relating
to workplace protections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2195, Corbett. Workplace protections.
Existing law provides protections to victims of domestic violence
and prohibits employers from taking adverse employment action against
victims of domestic violence who take time off from work to attend
to issues arising as result of the domestic violence, as long as the
employee complies with certain conditions. Existing law provides
that employers who violate these provisions are guilty of a
misdemeanor.
This bill, by extending those provisions to victims of sexual
assault, as defined, would impose a state-mandated local program.
This bill would also make technical, nonsubstantive changes.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 230 of the Labor Code is amended to read:
230. (a) An employer may not discharge or in any manner
discriminate against an employee for taking time off to serve as
required by law on an inquest jury or trial jury, if the employee,
prior to taking the time off, gives reasonable notice to the employer
that he or she is required to serve.
(b) An employer may not discharge or in any manner discriminate or
retaliate against an employee, including, but not limited to, an
employee who is a victim of a crime, for taking time off to appear in
court to comply with a subpoena or other court order as a witness in
any judicial proceeding.
(c) An employer may not discharge or in any manner discriminate or
retaliate against an employee who is a victim of domestic violence
or a victim of sexual assault for taking time off from work to obtain
or attempt to obtain any relief, including, but not limited to, a
temporary restraining order, restraining order, or other injunctive
relief, to help ensure the health, safety, or welfare of the victim
or his or her child.
(d) (1) As a condition of taking time off for a purpose set forth
in subdivision (c), the employee shall give the employer reasonable
advance notice of the employee's intention to take time off, unless
the advance notice is not feasible.
(2) When an unscheduled absence occurs, the employer shall not
take any action against the employee if the employee, within a
reasonable time after the absence, provides a certification to the
employer. Certification shall be sufficient in the form of any of
the following:
(A) A police report indicating that the employee was a victim of
domestic violence or sexual assault.
(B) A court order protecting or separating the employee from the
perpetrator of an act of domestic violence or sexual assault, or
other evidence from the court or prosecuting attorney that the
employee has appeared in court.
(C) Documentation from a medical professional, domestic violence
advocate or advocate for victims of sexual assault, health care
provider, or counselor that the employee was undergoing treatment for
physical or mental injuries or abuse resulting in victimization from
an act of domestic violence or sexual assault.
(3) To the extent allowed by law, the employer shall maintain the
confidentiality of any employee requesting leave under subdivision
(c).
(e) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has taken time off for a purpose
set forth in subdivision (a), (b), or (c) shall be entitled to
reinstatement and reimbursement for lost wages and work benefits
caused by the acts of the employer. Any employer who willfully
refuses to rehire, promote, or otherwise restore an employee or
former employee who has been determined to be eligible for rehiring
or promotion by a grievance procedure or hearing authorized by law is
guilty of a misdemeanor.
(f) (1) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has exercised his or her rights
as set forth in subdivision (a), (b), or (c) may file a complaint
with the Division of Labor Standards Enforcement of the Department of
Industrial Relations pursuant to Section 98.7.
(2) Notwithstanding any time limitation in Section 98.7, an
employee filing a complaint with the division based upon a violation
of subdivision (c) shall have one year from the date of occurrence of
the violation to file his or her complaint.
(g) An employee may use vacation, personal leave, or compensatory
time off that is otherwise available to the employee under the
applicable terms of employment, unless otherwise provided by a
collective bargaining agreement, for time taken off for a purpose
specified in subdivision (a), (b), or (c). The entitlement of any
employee under this section shall not be diminished by any collective
bargaining agreement term or condition.
(h) For purposes of this section:
(1) "Domestic violence" means any of the types of abuse set forth
in Section 6211 of the Family Code, as amended.
(2) "Sexual assault" means any of the crimes set forth in Section
261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269,
273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code,
as amended.
SEC. 2. Section 230.1 of the Labor Code is amended to read:
230.1. (a) In addition to the requirements and prohibitions
imposed on employees pursuant to Section 230, an employer with 25 or
more employees may not discharge or in any manner discriminate or
retaliate against an employee who is a victim of domestic violence or
a victim of sexual assault for taking time off from work to attend
to any of the following:
(1) To seek medical attention for injuries caused by domestic
violence or sexual assault.
(2) To obtain services from a domestic violence shelter, program,
or rape crisis center as a result of domestic violence or sexual
assault.
(3) To obtain psychological counseling related to an experience of
domestic violence or sexual assault.
(4) To participate in safety planning and take other actions to
increase safety from future domestic violence or sexual assault,
including temporary or permanent relocation.
(b) (1) As a condition of taking time off for a purpose set forth
in subdivision (a), the employee shall give the employer reasonable
advance notice of the employee's intention to take time off, unless
the advance notice is not feasible.
(2) When an unscheduled absence occurs, the employer shall not
take any action against the employee if the employee, within a
reasonable time after the absence, provides a certification to the
employer. Certification shall be sufficient in the form of any of
the following:
(A) A police report indicating that the employee was a victim of
domestic violence or sexual assault.
(B) A court order protecting or separating the employee from the
perpetrator of an act of domestic violence or sexual assault, or
other evidence from the court or prosecuting attorney that the
employee appeared in court.
(C) Documentation from a medical professional, domestic violence
advocate or advocate for victims of sexual assault, health care
provider, or counselor that the employee was undergoing treatment for
physical or mental injuries or abuse resulting in victimization from
an act of domestic violence or sexual assault.
(3) To the extent allowed by law, employers shall maintain the
confidentiality of any employee requesting leave under subdivision
(a).
(c) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has taken time off for a purpose
set forth in subdivision (a) is entitled to reinstatement and
reimbursement for lost wages and work benefits caused by the acts of
the employer. Any employer who willfully refuses to rehire,
promote, or otherwise restore an employee or former employee who has
been determined to be eligible for rehiring or promotion by a
grievance procedure or hearing authorized by law is guilty of a
misdemeanor.
(d) (1) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has exercised his or her rights
as set forth in subdivision (a) may file a complaint with the
Division of Labor Standards Enforcement of the Department of
Industrial Relations pursuant to Section 98.7.
(2) Notwithstanding any time limitation in Section 98.7, an
employee filing a complaint with the division based upon a violation
of subdivision (a) shall have one year from the date of occurrence of
the violation to file his or her complaint.
(e) An employee may use vacation, personal leave, or compensatory
time off that is otherwise available to the employee under the
applicable terms of employment, unless otherwise provided by a
collective bargaining agreement, for time taken off for a purpose
specified in subdivision (a). The entitlement of any employee under
this section shall not be diminished by any collective bargaining
agreement term or condition.
(f) This section does not create a right for an employee to take
unpaid leave that exceeds the unpaid leave time allowed under, or is
in addition to the unpaid leave time permitted by, the federal Family
and Medical Leave Act of 1993 (29 U.S.C. Sec. 2606 et seq.).
(g) For purposes of this section:
(1) "Domestic violence" means any of the types of abuse set forth
in Section 6211 of the Family Code, as amended.
(2) "Sexual assault" means any of the crimes set forth in Section
261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269,
273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code,
as amended.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.