BILL NUMBER: AB 304	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gonzalez

                        FEBRUARY 12, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   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:

  SECTION 1.  Section 233 of the Labor Code is amended to read:
   233.  (a) Any employer who provides sick leave for employees shall
permit an employee to use   use,  in any
calendar  year   year,  the employee's
accrued and available sick leave entitlement, in an amount not less
than the sick leave that would be accrued during six months at the
employee's then current rate of entitlement, to attend to an illness
of a child, parent, spouse, or domestic partner of the employee. All
conditions and restrictions placed by the employer upon the use by an
employee of sick leave also shall apply to the use by an employee of
sick leave to attend to an illness of his or her child, parent,
spouse, or domestic partner. This section does not extend the maximum
period of leave to which an employee is entitled under Section
12945.2 of the Government Code or under the federal Family and
Medical Leave Act of 1993 (29 U.S.C. Sec. 2606 et seq.), regardless
of whether the employee receives sick leave compensation during that
leave.
   (b) As used in this section:
   (1) "Child" means a biological, foster, or adopted child, a
stepchild, a legal ward, a child of a domestic partner, or a child of
a person standing in loco parentis.
   (2) "Employer" means  any   a  person
employing another under  any   an 
appointment or contract of hire and includes the state, political
subdivisions of the state, and municipalities.
   (3) "Parent" means a biological, foster, or adoptive parent, a
stepparent, or a legal guardian.
   (4) "Sick leave" means accrued increments of compensated leave
provided by an employer to an employee as a benefit of the employment
for use by the employee during an absence from the employment for
any of the following reasons:
   (A) The employee is physically or mentally unable to perform his
or her duties due to illness, injury, or a medical condition of the
employee.
   (B) The absence is for the purpose of obtaining professional
diagnosis or treatment for a medical condition of the employee.
   (C) The absence is for other medical reasons of the employee, such
as pregnancy or obtaining a physical examination.
   "Sick leave" does not include any benefit provided under an
employee welfare benefit plan subject to the federal Employee
Retirement Income Security Act of 1974 (Public Law 93-406, as
amended) and does not include any insurance benefit, workers'
compensation benefit, unemployment compensation disability benefit,
or benefit not payable from the employer's general assets.
   (c) No employer shall deny an employee the right to use sick leave
or discharge, threaten to discharge, demote, suspend, or in any
manner discriminate against an employee for using, or attempting to
exercise the right to use, sick leave to attend to an illness of a
child, parent, spouse, or domestic partner of the employee.
   (d)  Any   An  employee aggrieved by a
violation of this section shall be entitled to reinstatement and
actual damages or one day's pay, whichever is greater, and to
appropriate equitable relief.
   (e) Upon the filing of a complaint by an employee, the Labor
Commissioner shall enforce  the provisions of  this
section in accordance with the provisions of Chapter 4 (commencing
with Section 79) of Division 1, including,  but not limited
to,  Sections 92, 96.7, 98, and 98.1 to 98.8, inclusive.
Alternatively, an employee may bring a civil action for the remedies
provided by this section in a court of competent jurisdiction. If the
employee prevails, the court may award reasonable attorney's fees.
   (f) The rights and remedies specified in this section are
cumulative and nonexclusive and are in addition to any other rights
or remedies afforded by contract or under other provisions of law.