SB 288, as amended, Lieu. Employment protections: time off.
Existing law prohibits an employer from discharging or in any manner discriminating against an employee for taking time off to serve on a jury, an employee who is a victim of a crime for taking time off to appear in court as a witness in any judicial proceeding, or an employee who is a victim of domestic violence or a victim of sexual assault for taking time off from work to obtain or attempt to obtain prescribedbegin delete relief. A violation of these provisions, under certain circumstances, is a misdemeanorend delete.
begin insert Existing law entitles an employee who is discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for specified purposes to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Under existing law, an 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 or hearing authorized by law is guilty of a misdemeanor. Existing law authorizes an employee who is discharged, threatened with discharge, demoted, suspended, or otherwise discriminated or retaliated against by his or her employer in violation of these provisions to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations, as specified.end insert
This bill would additionally prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim, as defined, of specified offenses, as defined, for taking time off from work, upon the victim’s request, to appear in court to be heard at any proceeding, including any delinquency proceeding, involving a postarrest release decision, plea, sentencing, postconviction release decision, or any proceeding in which a right of the victim is at issue.begin insert The bill would also extend those aforementioned protections, including, but not limited to, reinstatement and reimbursement, to an employee who is a victim of specified offenses for taking time off from work to appear at a court proceeding, as specified.end insert Because a violation of the bill’s requirements under certain circumstances would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 230.5 is added to the end insertbegin insertLabor Codeend insertbegin insert, to read:end insert
begin insert(a) (1) An employer shall not discharge or in any
3manner discriminate or retaliate against an employee who is a
4victim of an offense listed in paragraph (2) for taking time off from
5work, upon the victim’s request, to appear in court to be heard at
6any proceeding, including any delinquency proceeding, involving
7a postarrest release decision, plea, sentencing, postconviction
8release decision, or any proceeding in which a right of the victim
9is at issue.
10 (2) The offenses include all of the following:
11(A) Vehicular manslaughter while intoxicated, as defined in
12subdivision (b) of Section 191.5 of the Penal Code.
13(B) Felony child abuse likely to produce great bodily harm or
14a death, as defined in Section 273a of the Penal Code.
P3 1(C) Assault resulting in the death of a child under eight years
2of age, as defined in Section 273ab of the Penal Code.
3(D) Felony domestic violence, as defined in Section 273.5 of
4the Penal Code.
5(E) Felony physical abuse of an elder or dependent adult, as
6defined in subdivision (b) of Section 368 of the Penal Code.
7(F) Felony stalking, as defined in Section 646.9 of the Penal
8Code.
9(G) Solicitation for murder, as defined in subdivision (b) of
10Section 653f of the Penal Code.
11(H) A serious felony, as defined in subdivision (c) of Section
121192.7 of the Penal Code.
13(I) Hit-and-run causing death or injury, as defined in Section
1420001 of the Vehicle Code.
15(J) Felony driving under the influence causing injury, as defined
16in Section 23153 of the Vehicle Code.
17(K) Sexual assault as set forth in Section 261, 261.5, 262, 265,
18266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 288,
19288.5, 288a, 289, or 311.4 of the Penal Code.
20(b) (1) As a condition of taking time off for a purpose set forth
21in subdivision (a), the employee shall give the employer reasonable
22advance notice of the employee’s intention to take time off, unless
23the advance notice
is not feasible.
24(2) When an unscheduled absence occurs, the employer shall
25not take any action against the employee if the employee, within
26a reasonable time after the absence, provides a certification to the
27employer. Certification shall be sufficient in the form of any of the
28following:
29(A) A police report indicating that the employee was a victim
30of an offense specified in subdivision (a).
31(B) A court order protecting or separating the employee from
32the perpetrator of an offense specified in subdivision (a), or other
33evidence from the court or prosecuting attorney that the employee
34has appeared in court.
35(C) Documentation from a medical professional, domestic
36violence advocate or advocate for victims of sexual assault, health
37care provider, or
counselor that the employee was undergoing
38treatment for physical or mental injuries or abuse resulting in
39victimization from an offense specified in subdivision (a).
P4 1(3) To the extent allowed by law, the employer shall maintain
2the confidentiality of any employee requesting leave under
3subdivision (a).
4(c) An employee who is discharged, threatened with discharge,
5demoted, suspended, or in any other manner discriminated or
6retaliated against in the terms and conditions of employment by
7his or her employer because the employee has taken time off for
8a purpose set forth in subdivision (a) shall be entitled to
9reinstatement and reimbursement for lost wages and work benefits
10caused by the acts of the employer. Any employer who willfully
11refuses to rehire, promote, or otherwise restore an employee or
12former employee who has been determined to be eligible for
13rehiring or promotion by a
grievance procedure or hearing
14authorized by law is guilty of a misdemeanor.
15(d) (1) An employee who is discharged, threatened with
16discharge, demoted, suspended, or in any other manner
17discriminated or retaliated against in the terms and conditions of
18employment by his or her employer because the employee has
19exercised his or her rights as set forth in subdivision (a) may file
20a complaint with the Division of Labor Standards Enforcement of
21the Department of Industrial Relations pursuant to Section 98.7.
22(2) Notwithstanding any time limitation in Section 98.7, an
23employee may file a complaint with the division based upon a
24violation of subdivision (a) within one year from the date of
25occurrence of the violation.
26(e) An employee may use vacation, personal leave, or
27compensatory time off that is
otherwise available to the employee
28under the applicable terms of employment, unless otherwise
29provided by a collective bargaining agreement, for time taken off
30for a purpose specified in this section. The entitlement of any
31employee under this section shall not be diminished by any
32collective bargaining agreement term or condition.
33(f) For purposes of this section, “victim” means any person
34who suffers direct or threatened physical, psychological, or
35financial harm as a result of the commission or attempted
36commission of a crime or delinquent act. The term “victim” also
37includes the person’s spouse, parent, child, sibling, or guardian.
No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P5 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.
Section 230 of the Labor Code is amended to
8read:
(a) An employer may not discharge or in any manner
10discriminate against an employee for taking time off to serve as
11required by law on an inquest jury or trial jury, if the employee,
12prior to taking the time off, gives reasonable notice to the employer
13that he or she is required to serve.
14(b) An employer may not discharge or in any manner
15discriminate or retaliate against an employee, including, but not
16limited to, an employee who is a victim of a crime, for taking time
17off to appear in court to comply with a subpoena or other court
18order as a witness in any judicial proceeding.
19(c) (1) An employer may not discharge or in any manner
20discriminate or retaliate against an employee who is a victim of
21domestic violence or a victim of sexual assault for taking time off
22from work to obtain or attempt to obtain any relief, including, but
23not limited to, a temporary restraining order, restraining order, or
24other injunctive relief, to help ensure the health, safety, or welfare
25of the victim or his or her child.
26(2) An employer may not discharge or in any manner
27discriminate or retaliate against an employee who is a victim of
28an offense listed in this paragraph for taking time off from work,
29upon the victim’s request, to appear in court to be heard at any
30proceeding, including any delinquency proceeding, involving a
31postarrest release decision, plea, sentencing, postconviction release
32decision, or any proceeding in
which a right of the victim is at
33issue. The offenses include all of the following:
34(A) Vehicular manslaughter while intoxicated, as defined in
35subdivision (c) of Section 191.5 of the Penal Code.
36(B) Felony child abuse likely to produce great bodily harm or
37a death, as defined in Section 273a of the Penal Code.
38(C) Assault resulting in the death of a child under eight years
39of age, as defined in Section 273ab of the Penal Code.
P6 1(D) Felony domestic violence, as defined in Section 273.5 of
2the Penal Code.
3(E) Felony physical abuse of an elder or dependent adult, as
4defined in subdivision (b) of Section 368 of the Penal Code.
5(F) Felony stalking, as defined in Section 646.9 of the Penal
6Code.
7(G) Solicitation for murder, as defined in subdivision (b) of
8Section 653f of the Penal Code.
9(H) A serious felony, as defined in subdivision (c) of Section
101192.7 of the Penal Code.
11(I) Hit and run causing death or injury, as defined in Section
1220001 of the Vehicle Code.
13(J) Felony driving under the influence causing injury, as defined
14in Section 23153 of the Vehicle Code.
15(d) (1) As a condition of taking time off for a purpose set forth
16in subdivision (c), the employee shall give the employer reasonable
17advance notice of the employee’s intention to take time off, unless
18the advance notice is not feasible.
19(2) When an unscheduled absence occurs, the employer shall
20not take any action against the employee if the employee, within
21a reasonable time after the absence, provides a certification to the
22employer. Certification shall be sufficient in the form of any of
23the following:
24(A) A police report indicating that the employee was a victim
25of
an offense specified in subdivision (c).
26(B) A court order protecting or separating the employee from
27the perpetrator of an offense specified in subdivision (c), or other
28evidence from the court or prosecuting attorney that the employee
29has appeared in court.
30(C) Documentation from a medical professional, domestic
31violence advocate or advocate for victims of sexual assault, health
32care provider, or counselor that the employee was undergoing
33treatment for physical or mental injuries or abuse resulting in
34victimization from an act of domestic violence or sexual assault.
35(3) To the extent allowed by law, the employer shall maintain
36the confidentiality of any employee requesting leave under
37subdivision (c).
38(e) Any employee who is discharged, threatened with discharge,
39demoted, suspended, or in any other manner discriminated or
40retaliated against in the terms and conditions of employment by
P7 1his or her employer because the employee has taken time off for
2a purpose set forth in subdivision (a), (b), or (c) shall be entitled
3to reinstatement and reimbursement for lost wages and work
4benefits caused by the acts of the employer. Any employer who
5willfully refuses to rehire, promote, or otherwise restore an
6employee or former employee who has been determined to be
7eligible for rehiring or promotion by a grievance procedure or
8hearing authorized by law is guilty of a misdemeanor.
9(f) (1) Any employee who is discharged, threatened with
10discharge, demoted, suspended, or in any other manner
11discriminated or retaliated against in the terms and conditions of
12employment by his or her employer because the employee has
13exercised his or her rights as set forth in subdivision (a), (b), or
14(c) may file a complaint with the Division of Labor Standards
15Enforcement of the Department of Industrial Relations pursuant
16to Section 98.7.
17(2) Notwithstanding any time limitation in Section 98.7, an
18employee filing a complaint with the division based upon a
19violation of subdivision (c) shall have one year from the date of
20occurrence of the violation to file his or her complaint.
21(g) An employee may use vacation, personal leave, or
22compensatory time off that is otherwise available to the employee
23under the applicable terms of employment, unless otherwise
24provided by a
collective bargaining agreement, for time taken off
25for a purpose specified in this section. The entitlement of any
26employee under this section shall not be diminished by any
27collective bargaining agreement term or condition.
28(h) For purposes of this section:
29(1) “Domestic violence” means any of the types of abuse set
30forth in Section 6211 of the Family Code, as amended.
31(2) “Sexual assault” means any of the crimes set forth in Section
32261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269,
33273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code,
34as amended.
35(3) “Victim” means any person who suffers direct or threatened
36physical, psychological, or financial harm as a result of the
37commission or attempted commission of a crime or delinquent
38act. The term “victim” also includes the person’s spouse, parent,
39child, sibling, or guardian.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
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