California Legislature—2015–16 Regular Session

Assembly BillNo. 304

Introduced by Assembly Member Gonzalez

February 12, 2015

An act to amend Section 233 of the Labor Code, relating to employment.


AB 304, as introduced, Gonzalez. Sick leave.

Existing law requires an employer who provides sick leave to employees, as specified, to allow the employees to use the sick leave to attend to the illness of a child, parent, spouse, or domestic partner.

This bill would make nonsubstantive changes to this provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1


Section 233 of the Labor Code is amended to



(a) Any employer who provides sick leave for employees
4shall permit an employee tobegin delete useend deletebegin insert use,end insert in any calendarbegin delete yearend deletebegin insert year,end insert the
5employee’s accrued and available sick leave entitlement, in an
6amount not less than the sick leave that would be accrued during
7six months at the employee’s then current rate of entitlement, to
8attend to an illness of a child, parent, spouse, or domestic partner
9of the employee. All conditions and restrictions placed by the
10employer upon the use by an employee of sick leave also shall
11apply to the use by an employee of sick leave to attend to an illness
P2    1of his or her child, parent, spouse, or domestic partner. This section
2does not extend the maximum period of leave to which an
3employee is entitled under Section 12945.2 of the Government
4Code or under the federal Family and Medical Leave Act of 1993
5(29 U.S.C. Sec. 2606 et seq.), regardless of whether the employee
6receives sick leave compensation during that leave.

7(b) As used in this section:

8(1) “Child” means a biological, foster, or adopted child, a
9stepchild, a legal ward, a child of a domestic partner, or a child of
10a person standing in loco parentis.

11(2) “Employer” meansbegin delete anyend deletebegin insert aend insert person employing another under
12begin delete anyend deletebegin insert anend insert appointment or contract of hire and includes the state,
13political subdivisions of the state, and municipalities.

14(3) “Parent” means a biological, foster, or adoptive parent, a
15stepparent, or a legal guardian.

16(4) “Sick leave” means accrued increments of compensated
17leave provided by an employer to an employee as a benefit of the
18employment for use by the employee during an absence from the
19employment for any of the following reasons:

20(A) The employee is physically or mentally unable to perform
21his or her duties due to illness, injury, or a medical condition of
22the employee.

23(B) The absence is for the purpose of obtaining professional
24diagnosis or treatment for a medical condition of the employee.

25(C) The absence is for other medical reasons of the employee,
26such as pregnancy or obtaining a physical examination.

27“Sick leave” does not include any benefit provided under an
28employee welfare benefit plan subject to the federal Employee
29Retirement Income Security Act of 1974 (Public Law 93-406, as
30amended) and does not include any insurance benefit, workers’
31compensation benefit, unemployment compensation disability
32benefit, or benefit not payable from the employer’s general assets.

33(c) No employer shall deny an employee the right to use sick
34leave or discharge, threaten to discharge, demote, suspend, or in
35any manner discriminate against an employee for using, or
36attempting to exercise the right to use, sick leave to attend to an
37illness of a child, parent, spouse, or domestic partner of the

P3    1(d) begin deleteAnyend deletebegin insert Anend insert employee aggrieved by a violation of this section
2shall be entitled to reinstatement and actual damages or one day’s
3pay, whichever is greater, and to appropriate equitable relief.

4(e) Upon the filing of a complaint by an employee, the Labor
5Commissioner shall enforcebegin delete the provisions ofend delete this section in
6accordance with the provisions of Chapter 4 (commencing with
7Section 79) of Division 1, including,begin delete but not limited to,end delete Sections
892, 96.7, 98, and 98.1 to 98.8, inclusive. Alternatively, an employee
9may bring a civil action for the remedies provided by this section
10in a court of competent jurisdiction. If the employee prevails, the
11court may award reasonable attorney’s fees.

12(f) The rights and remedies specified in this section are
13cumulative and nonexclusive and are in addition to any other rights
14or remedies afforded by contract or under other provisions of law.