BILL NUMBER: AB 2271	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 22, 2012
	AMENDED IN SENATE  JUNE 12, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 24, 2012

   An act to add Section 19846.5 to the Government Code, relating to
employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2271, as amended, Perea. Franchise Tax Board: seasonal clerks.
   Under existing law, if an employer discharges an employee, the
wages earned and unpaid at the time of discharge are due and payable
immediately, as specified. Existing law also provides that, unless
otherwise provided for by a collective bargaining agreement, if an
employment contract or policy provides for paid vacations, and an
employee is terminated, the employer must pay the employee for the
employee's unused vested vacation time, as specified.
   This bill would provide that, notwithstanding any other law, if
the Franchise Tax Board determines there is a lack of work for a
seasonal clerk employed by the board, the board may (1) pay the clerk
a lump-sum payment for accumulated vacation or annual leave credit,
(2) by mutual agreement between the board and the clerk, schedule the
clerk for vacation or annual leave, (3) allow the clerk to retain
his or her vacation or annual leave credit, or (4) effect any
combination of the above.  The bill would also specify that if
its provisions are in conflict with the provisions of a memorandum of
understanding, the memorandum of understanding shall be controlling.

   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 19846.5 is added to the Government Code, to
read:
   19846.5.   (a)    Notwithstanding any other law,
including Section 201 of the Labor Code, if the Franchise Tax Board
determines that there is a lack of work for a seasonal clerk employed
by the board, the board may, without permanent separation of the
clerk, do any of the following: 
   (a) 
    (1)  Pay the clerk in a lump-sum payment for accumulated
vacation or annual leave credit. 
   (b)
    (2)  By mutual agreement between the board and the
clerk, schedule the clerk for vacation or annual leave. 
   (c) 
    (3)  Allow the clerk to retain his or her vacation or
annual leave credit. 
   (d) 
    (4)  Effect a combination of any or all of the actions
described in  subdivisions (a)   paragraphs (1)
 to  (c)   (4)  , inclusive. 
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding, the memorandum of
understanding shall be controlling.