BILL NUMBER: AB 2271	CHAPTERED
	BILL TEXT

	CHAPTER  482
	FILED WITH SECRETARY OF STATE  SEPTEMBER 23, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2012
	PASSED THE SENATE  AUGUST 27, 2012
	PASSED THE ASSEMBLY  AUGUST 30, 2012
	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, 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.



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:
   (1) Pay the clerk in 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.
   (4) Effect a combination of any or all of the actions described in
paragraphs (1) to (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.