BILL NUMBER: SB 549	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 10, 2007
	AMENDED IN SENATE  MARCH 26, 2007

INTRODUCED BY   Senator Corbett
    (   Coauthor:   Senator   Kuehl
  ) 

                        FEBRUARY 22, 2007

   An act to add Section 230.5 to the Labor Code, relating to
employee rights.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 549, as amended, Corbett. Employee's right to bereavement
leave.
   Existing law provides employees with the right to take time off
work without discharge or discrimination for a number of reasons.
   This bill would add the right to  inquire about, request, and
 take time off for bereavement leave.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 230.5 is added to the Labor Code, to read:
   230.5.  (a) An employer shall not discharge, discipline, or in any
manner discriminate against an employee for  requesting
  inquiring about, requesting,  or taking up to
four days of bereavement leave off upon the death of a spouse, child,
parent, sibling, grandparent, grandchild, or  registered
 domestic partner.
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "Child" has the same meaning as defined in paragraph (1) of
subdivision (b) of Section 233.
   (2) "Employee" means a person employed by the employer for at
least 60 days prior to the commencement of the leave.
   (3) "Parent" has the same meaning as defined in paragraph (3) of
subdivision (b) of Section 233.
   (4)  "Registered domestic   "Domestic 
partner" has the same meaning as defined in Section 297 of the Family
Code, who is registered pursuant to Part 2 (commencing with Section
298) of Division 2.5 of the Family Code.
   (5) "Sibling" has the same meaning as defined in subdivision (c)
of Section 362.1 of the Welfare and Institutions Code.
   (c) The days of bereavement leave need not be consecutive.
   (d) The bereavement leave is to be unpaid, except that an employee
may use vacation, personal leave, or compensatory time off that is
otherwise available to the employee.
   (e) The employee, if requested by the employer, shall, within 30
days of the leave, provide documentation of the death of the spouse,
child, parent, sibling, grandparent, grandchild, or 
registered  domestic partner. "Documentation" includes a
death certificate, a published obituary, or written verification of
death, burial, or memorial services from a mortuary, funeral home,
burial society, crematorium, religious institution, or government
agency.
   (f) An employee who is discharged, disciplined, or otherwise
discriminated against in terms or conditions of employment by his or
her employer because the employee has  requested 
 inquired about, requested,  or taken bereavement leave
pursuant to this section is entitled to reinstatement and to recover
actual damages.
   (g) An employee who believes he or she has been discharged,
disciplined, or in any way discriminated against in violation of this
section may take either of the following actions:
   (1)  The employee may file a complaint with the Division of Labor
Standards Enforcement in accordance with Section 98.7 of the Labor
Code.
   (2) The employee may bring a civil action for the remedies
provided in subdivision (f) in a court of competent jurisdiction. If
the employee prevails, the court may award the employee reasonable
attorney's fees.
   (h) The rights and remedies of this section are cumulative,
nonexclusive, and in addition to any other rights and remedies
afforded by contract or other provisions of law.