BILL NUMBER: AB 325	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 24, 2011
	AMENDED IN SENATE  AUGUST 16, 2011
	AMENDED IN SENATE  JULY 5, 2011
	AMENDED IN SENATE  JUNE 14, 2011
	AMENDED IN ASSEMBLY  APRIL 7, 2011

INTRODUCED BY   Assembly Member Bonnie Lowenthal
   (Coauthor: Assembly Member Monning)

                        FEBRUARY 10, 2011

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 325, as amended, Bonnie Lowenthal. 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 prohibit an employer from refusing to grant a
request by any employee to take up to 3 days of bereavement leave or
to interfere with or restrain an employee from doing so.  This
bill would authorize an employee who has been discharged,
disciplined, or discriminated against for exercising his or her right
to bereavement leave to bring a civil action against his or her
employer for reinstatement, specified damages, and attorney's fees.
 The provisions of the bill would not apply to an employee who
is covered by a valid collective bargaining agreement that provides
for bereavement leave and other specified working conditions.
   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) It is unlawful employment practice for an employer to
refuse to grant a request by any employee to take up to three days of
bereavement leave upon the death of a spouse, child, parent,
sibling, grandparent, grandchild, or domestic partner.
   (b) It is an unlawful employment practice for an employer to
interfere with or restrain the exercise or the attempted exercise of
the right of an employee to take leave pursuant to subdivision (a).
   (c) For purposes of this section, the following terms have the
following meanings:
   (1) "Child" means a biological, adopted, or foster child, a
stepchild, a legal ward, a child of a domestic partner, or a child of
a person standing in loco parentis. This definition of a child is
applicable regardless of age or dependency status.
   (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) "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" means a person related to another person by blood,
adoption, or affinity through a common legal or biological parent.
   (d) The days of bereavement leave need not be consecutive.
   (e) The bereavement leave must be completed within 3 months of the
date of death of the person listed in subdivision (a).
   (f) The bereavement leave shall be taken pursuant to any existing
bereavement leave policy. If there is no existing bereavement leave
policy, 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.
   (g) The employee, if requested by the employer, shall, within 30
days of the first day of the leave, provide documentation of the
death of the person listed in subdivision (a). "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.
   (h) 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 exercised or attempted to
exercise his or her right to bereavement leave pursuant to this
section is entitled to reinstatement and to recover actual damages.
   (i)  (1)    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) 
    (A)   The employee may file a complaint with the
Division of Labor Standards Enforcement in accordance with Section
98.7. 
   (2) 
    (B)  The employee may bring a civil action for the
remedies provided in subdivision (h)  directly  in a court
of competent jurisdiction  without exhausting any administrative
remedies  .  If the employee prevails, the court may
award the employee reasonable attorney's fees.  
   (2) In any action brought pursuant to this section, the court may,
in accordance with case law governing attorney's fees awarded
pursuant to subdivision (b) of Section 12965 of the Government Code,
award to the prevailing party reasonable attorney's fees and costs,
including expert witness fees, except where the action is filed by a
public agency or a public official, acting in an official capacity.

   (j) 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.
   (k) This section does not apply to an employee covered by a valid
collective bargaining agreement if the agreement expressly provides
for bereavement leave and the wages, hours of work, and working
conditions of the employees, and if the agreement provides premium
wage rates for all overtime hours worked, where applicable, and a
regular hourly rate of pay for those employees of not less than 30
percent more than the state minimum wage.