AB 2337, as introduced, Burke. Employment protections.
Existing law prohibits an employer with 25 or more employees from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for specified reasons related to the domestic violence, sexual assault, or stalking.
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 230.1 of the Labor Code is amended to
2read:
(a) In addition to the requirements and prohibitions
4imposed on employees pursuant to Section 230, an employer with
525 or more employees shall notbegin delete dischargeend deletebegin insert discharge,end insert or in any
6manner discriminate or retaliatebegin delete againstend deletebegin insert against,end insert an employee who
7is a victim of domestic violence, sexual assault, or stalking for
8taking time off from workbegin delete to attend toend deletebegin insert
forend insert any of thebegin delete following:end delete
9begin insert following purposes:end insert
P2 1(1) To seek medical attention for injuries caused by domestic
2violence, sexual assault, or stalking.
3(2) To obtain services from a domestic violence shelter,
4program, or rape crisis center as a result of domestic violence,
5sexual assault, or stalking.
6(3) To obtain psychological counseling related to an experience
7of domestic violence, sexual assault, or stalking.
8(4) To participate in safety planning and take other actions to
9increase safety from future domestic violence, sexual assault, or
10stalking, including temporary or permanent relocation.
11(b) (1) As a condition of taking time off for
a purpose set forth
12in subdivision (a), the employee shall give the employer reasonable
13advance notice of the employee’s intention to take time off, unless
14the advance notice is not feasible.
15(2) When an unscheduled absence occurs, the employer shall
16not take any action against the employee if the employee, within
17a reasonable time after the absence, provides a certification to the
18employer. Certification shall be sufficient in the form of any of
19the categories described in paragraph (2) of subdivision (d) of
20Section 230.
21(3) To the extent allowed by law and consistent with
22subparagraph (D) of paragraph (7) of subdivision (f) of Section
23230, employers shall maintain the confidentiality of any employee
24requesting leave under subdivision (a).
25(c) An employee who is discharged, threatened with discharge,
26demoted, suspended, or in any other manner discriminated or
27retaliated against in the terms and conditions of employment by
28
his or her employer because the employee has taken time off for
29a purpose set forth in subdivision (a) is entitled to reinstatement
30and reimbursement for lost wages and work benefits caused by
31the acts of the employer, as well as appropriate equitable relief.
32An employer who willfully refuses to rehire, promote, or otherwise
33restore an employee or former employee who has been determined
34to be eligible for rehiring or promotion by a grievance procedure
35or hearing authorized by law is guilty of a misdemeanor.
36(d) (1) An employee who is discharged, threatened with
37discharge, demoted, suspended, or in any other manner
38discriminated or retaliated against in the terms and conditions of
39employment by his or her employer because the employee has
40exercised his or her rights as set forth in subdivision (a) may file
P3 1a complaint with the Division of Labor Standards Enforcement of
2the Department of Industrial Relations pursuant to Section 98.7.
3(2) Notwithstanding any time limitation in Section 98.7, an
4employee may file a complaint with the division based upon a
5violation of subdivision (a) within one year from the date of
6occurrence of the violation.
7(e) An employee may use vacation, personal leave, or
8compensatory time off that is otherwise available to the employee
9under the applicable terms of employment, unless otherwise
10provided by a collective bargaining agreement, for time taken off
11for a purpose specified in subdivision (a). The entitlement of any
12employee under this section shall not be diminished by any
13begin delete collective bargaining agreementend delete term orbegin delete condition.end deletebegin insert condition of a
14collective bargaining agreement.end insert
15(f) This section does not create a right for an employee to take
16unpaid leave that exceeds the unpaid leave time allowed under, or
17is in addition to the unpaid leave time permitted by, the federal
18Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et
19seq.).
20(g) For purposes of this section:
21(1) “Domestic violence” means any of the types of abuse set
22forth in Section 6211 of the Family Code, as amended.
23(2) “Sexual assault” means any of the crimes set forth in Section
24261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269,
25273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code,
26as amended.
27(3) “Stalking” means a crime set forth in Section 646.9 of the
28Penal Code or Section 1708.7 of the Civil Code.
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