BILL ANALYSIS �
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THIRD READING
Bill No: SB 288
Author: Lieu (D)
Amended: 4/1/13
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 4-0, 4/24/13
AYES: Lieu, Wyland, Leno, Yee
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Employment protections: time off
SOURCE : Los Angeles County District Attorneys Office
Crime Victim Action Alliance
DIGEST : This bill (1) provides that an employer may not
discharge or in any manner discriminate or retaliate against an
employee who is a victim for taking time off from work, upon the
victims request, to appear in court to be heard at any
proceeding for specified offenses; (2) defines a victim as any
person who suffers direct or threatened physical, psychological,
or financial harm as a result of the commission or attempted
commission of a crime or delinquent act; and (3) makes
technical, conforming changes.
ANALYSIS : The California Constitution provides protections
for crime victim's due process rights.
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Existing law states that an employer may not discharge,
discriminate or retaliate against an employee who is a victim of
domestic violence or sexual assault for taking time off from
work to attend to any of the following:
1. To seek medical attention for injuries caused by domestic
violence or sexual assault.
2. To obtain services from a domestic violence shelter,
program, or rape crisis center.
3. To obtain psychological counseling related to the domestic
violence or sexual assault.
4. To participate in safety planning and take other actions to
increase safety from future domestic violence or sexual
assault, including temporary or permanent relocation.
5. To appear as a witness in any judicial proceeding or obtain
any injunctive relief to help ensure the welfare of the
victim or his/her child.
Existing law states that an employee who is discharged,
threatened with discharge, suspended, or in any other manner
discriminated against for taking time off for the above purposes
is entitled to reinstatement and reimbursement for lost wages
and work benefits and may file a complaint with the Division of
Labor Standards Enforcement. Additionally, an employer that
willfully refuses to rehire, promote, or otherwise restore an
employee who has been determined to be eligible for rehiring or
promotion is guilty of a misdemeanor.
Existing law states that an employee shall give the employer
reasonable advance notice of the employee's intention to take
time off, unless the advance notice is not feasible.
Existing law states that when an unscheduled absence occurs, the
employer shall not take any action against the employee if
certification is provided within a reasonable time, including a
police report, court order protecting the employee from the
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perpetrator, or documentation from a medical professional,
victim advocate, health care provider or counselor stating the
employee was undergoing treatment from an act of domestic
violence or sexual assault.
This bill:
1. Provides that an employer may not discharge or in any manner
discriminate or retaliate against an employee who is a victim
for taking time off from work, upon the victim's request, to
appear in court to be heard at any proceeding for the
following offenses:
A. Vehicular manslaughter while intoxicated.
B. Felony child abuse likely to produce great bodily harm
or a death.
C. Assault resulting in the death of a child under eight
years of age.
D. Felony domestic violence.
E. Felony physical abuse of an elder or dependent adult.
F. Felony stalking.
G. Solicitation for murder.
H. A serious felony, such as kidnapping, rape, or assault.
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I. Hit and run causing death or injury.
J. Felony driving under the influence causing injury.
For the purposes of this bill, a proceeding includes any
delinquency proceeding, involving a post-arrest release
decision, plea, sentencing, post-conviction release decision,
or any proceeding in which a right of the victim is at issue.
2. Defines a victim as any person who suffers direct or
threatened physical, psychological, or financial harm as a
result of the commission or attempted commission of a crime
or delinquent act. The term "victim" also includes the
person's spouse, parent, child, sibling, or guardian.
3. Makes technical, conforming changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/3/13)
Los Angeles County District Attorney's Office (co-source)
Crime Victim Action Alliance (co-source)
Crime Victims Untied of California
ARGUMENTS IN SUPPORT : Proponents note that the California
Constitution provides that crime victims have the right to be
heard, upon request, in all of the proceedings covered by this
bill. Proponents also note that there is no employment
protection for a victim who desires to appear in a criminal or
juvenile court proceeding to be heard on pleas, sentencing,
release issues or other matters that may affect the rights of
the victim. Proponents argue that this inhibits the ability of
crime victims to avail themselves of their constitutional
rights. Proponents believe that this bill will address this by
allowing workers protected leave if they are the victim of
serious felonies, such as homicide, rape, and crimes involving
the infliction of great bodily injury.
PQ:d 5/7/13 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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