BILL NUMBER: AB 2030	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 20, 2014

   An act to amend Section 230.8 of the Labor Code, relating to
employees.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2030, as introduced, Campos. Employees: time off.
   Existing law prohibits an employer who employs 25 or more
employees working at the same location from discharging or in any way
discriminating against an employee who is a parent, guardian, or
grandparent having custody of a child in a licensed child day care
facility or in kindergarten or grades 1 to 12, inclusive, for taking
off up to 40 hours each year for the purpose of participating in
school activities, subject to specified conditions including a
limitation of 8 hours in any calendar month of the school year.
Existing law requires an employee to utilize existing vacation,
personal leave, or compensatory time off for purposes of the planned
absence authorized by this provision and also authorizes an employee
to utilize time off without pay for this purpose, to the extent made
available by his or her employer.
   This bill would prohibit such an employer from discharging or
discriminating against an employee taking time off, within those
defined limitations, without loss of pay. The bill would prohibit an
employee from being required to use existing vacation, personal
leave, or compensatory time off for those purposes, unless otherwise
provided by a collective bargaining agreement entered into before
January 1, 2015, and in effect on that date, or from being required
to use time off without pay for those purposes. The bill would
prohibit the entitlement of any employee under those provisions from
being diminished by any collective bargaining agreement term or
condition that is agreed to on or after January 1, 2015.
   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 230.8 of the Labor Code is amended to read:
   230.8.  (a) (1) No employer who employs 25 or more employees
working at the same location shall discharge or in any way
discriminate against an employee who is a parent, guardian, or
grandparent having custody, of one or more children in kindergarten
or grades 1 to 12, inclusive, or attending a licensed child day care
facility, for taking off up to 40 hours each year, not exceeding
eight hours in any calendar month of the year,  without loss of
pay,  to participate in activities of the school or licensed
child day care facility of any of his or her children, if the
employee, prior to taking the time off, gives reasonable notice to
the employer of the planned absence of the employee.
   (2) If both parents of a child are employed by the same employer
at the same worksite, the entitlement under paragraph (1) of a
planned absence as to that child applies, at any one time, only to
the parent who first gives notice to the employer, such that the
other parent may take a planned absence simultaneously as to that
same child under the conditions described in paragraph (1) only if he
or she obtains the employer's approval for the requested time off.
   (b)  (1)    The employee shall
 utilize   not be required to use  existing
vacation, personal leave, or compensatory time off for purposes of
the planned absence authorized by this section, unless otherwise
provided by a collective bargaining agreement entered into before
January 1,  1995,   2015,  and in effect on
that date. An employee  also may utilize  
shall not be required to use  time off without pay for this
purpose, to the extent made available by his or her employer. The
entitlement of any employee under this section shall not be
diminished by any collective bargaining agreement term or condition
that is agreed to on or after January 1,  1995. 
 2015.  
   (2) Notwithstanding paragraph (1), in the event that all
permanent, full-time employees of an employer are accorded vacation
during the same period of time in the calendar year, an employee of
that employer may not utilize that accrued vacation benefit at any
other time for purposes of the planned absence authorized by this
section. 
   (c) The employee, if requested by the employer, shall provide
documentation from the school or licensed child day care facility as
proof that he or she participated in school or licensed child day
care facility activities on a specific date and at a particular time.
For purposes of this subdivision, "documentation" means whatever
written verification of parental participation the school or licensed
child day care facility deems appropriate and reasonable.
   (d) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
terms and conditions of employment by his or her employer because the
employee has taken time off to participate in school or licensed
child day care facility activities as described in this section shall
be entitled to reinstatement and reimbursement for lost wages and
work benefits caused by the acts of the employer. Any employer who
willfully refuses to rehire, promote, or otherwise restore an
employee or former employee who has been determined to be eligible
for rehiring or promotion by a grievance procedure, arbitration, or
hearing authorized by law shall be subject to a civil penalty in an
amount equal to three times the amount of the employee's lost wages
and work benefits.