BILL NUMBER: SB 1471 CHAPTERED
BILL TEXT
CHAPTER 1107
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2002
APPROVED BY GOVERNOR SEPTEMBER 29, 2002
PASSED THE SENATE AUGUST 30, 2002
PASSED THE ASSEMBLY AUGUST 26, 2002
AMENDED IN ASSEMBLY AUGUST 13, 2002
AMENDED IN ASSEMBLY JUNE 19, 2002
AMENDED IN SENATE APRIL 15, 2002
INTRODUCED BY Senator Romero
(Coauthors: Senators Alarcon, Kuehl, Soto, and Vincent)
(Coauthors: Assembly Members Alquist, Aroner, Chavez, Diaz,
Goldberg, Koretz, Liu, Pavley, Steinberg, and Washington)
FEBRUARY 19, 2002
An act to add Section 234 to the Labor Code, relating to wages.
LEGISLATIVE COUNSEL'S DIGEST
SB 1471, Romero. Sick leave.
Existing law requires an employer who provides sick leave to
employees, as defined, to permit an employee to use sick leave to
attend to an illness of a child, parent, spouse, or domestic partner.
An employer is prohibited from retaliating against an employee who
uses sick leave for this purpose. An employee aggrieved by a
violation of this law may recover legal and equitable relief from his
or her employer.
This bill would provide that if an employer maintains an absence
control policy that counts sick leave used to attend to an illness of
a child, parent, spouse, or domestic partner as a basis for
discipline, demotion, discharge, or suspension, the policy would be a
per se violation of the law, entitling an employee working under the
policy to appropriate relief.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 234 is added to the Labor Code, to read:
234. An employer absence control policy that counts sick leave
taken pursuant to Section 233 as an absence that may lead to or
result in discipline, discharge, demotion, or suspension is a per se
violation of Section 233. An employee working under this policy is
entitled to appropriate legal and equitable relief pursuant to
Section 233.