Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2337

Introduced by Assembly Member Burke

February 18, 2016

An act to amend Section 230.1 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 2337, as amended, Burke. Employment begin delete protections. end delete begin insert protections: victims of domestic violence, sexual assault, or stalking. end insert

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 begin delete reasons end delete begin insert purposes end insert related to begin insert addressing end insert the domestic violence, sexual assault, or stalking. begin insert Existing law provides that any employee who is discharged, threatened with discharge, demoted, suspended, or in any manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for those purposes is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief, and is allowed to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations. end insert

This bill would begin delete make nonsubstantive changes to this provision. end delete begin insert require employers to inform each employee of his or her rights established under those laws by providing that information in writing to new employees upon hire and to other employees upon request. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

SECTION 1.  

Section 230.1 of the Labor Code is amended to
read:

230.1.  

(a) In addition to the requirements and prohibitions
imposed on employees pursuant to Section 230, an employer with
25 or more employees shall not discharge, or in any manner
discriminate or retaliate against, an employee who is a victim of
domestic violence, sexual assault, or stalking for taking time off
from work for any of the following purposes:

(1) To seek medical attention for injuries caused by domestic
violence, sexual assault, or stalking.

(2) To obtain services from a domestic violence shelter,
program, or rape crisis center as a result of domestic violence,
sexual assault, or stalking.

(3) To obtain psychological counseling related to an experience
of domestic violence, sexual assault, or stalking.

(4) To participate in safety planning and take other actions to
increase safety from future domestic violence, sexual assault, or
stalking, including temporary or permanent relocation.

(b) (1) As a condition of taking time off for a purpose set forth
in subdivision (a), the employee shall give the employer reasonable
advance notice of the employee’s intention to take time off, unless
the advance notice is not feasible.

(2) When an unscheduled absence occurs, the employer shall
not take any action against the employee if the employee, within
a reasonable time after the absence, provides a certification to the
employer. Certification shall be sufficient in the form of any of
the categories described in paragraph (2) of subdivision (d) of
Section 230.

(3) To the extent allowed by law and consistent with
subparagraph (D) of paragraph (7) of subdivision (f) of Section
230, employers shall maintain the confidentiality of any employee
requesting leave under subdivision (a).

(c) An employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by
his or her employer because the employee has taken time off for
a purpose set forth in subdivision (a) is entitled to reinstatement
and reimbursement for lost wages and work benefits caused by
the acts of the employer, as well as appropriate equitable relief.
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.

(d) (1) An employee who is discharged, threatened with
discharge, demoted, suspended, or in any other manner
discriminated or retaliated against in the terms and conditions of
employment by his or her employer because the employee has
exercised his or her rights as set forth in subdivision (a) may file
a complaint with the Division of Labor Standards Enforcement of
the Department of Industrial Relations pursuant to Section 98.7.

(2) Notwithstanding any time limitation in Section 98.7, an
employee may file a complaint with the division based upon a
violation of subdivision (a) within one year from the date of
occurrence of the violation.

(e) An employee may use vacation, personal leave, or
compensatory time off that is otherwise available to the employee
under the applicable terms of employment, unless otherwise
provided by a collective bargaining agreement, for time taken off
for a purpose specified in subdivision (a). The entitlement of any
employee under this section shall not be diminished by any term
or condition of a collective bargaining agreement.

(f) This section does not create a right for an employee to take
unpaid leave that exceeds the unpaid leave time allowed under, or
is in addition to the unpaid leave time permitted by, the federal
Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et
seq.).

(g) For purposes of this section:

(1) “Domestic violence” means any of the types of abuse set
forth in Section 6211 of the Family Code, as amended.

(2) “Sexual assault” means any of the crimes set forth in Section
261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269,
273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code,
as amended.

(3) “Stalking” means a crime set forth in Section 646.9 of the
Penal Code or Section 1708.7 of the Civil Code.

begin insert

(h) Employers shall inform each employee of his or her rights
established under this section by providing that information in
writing to new employees upon hire and to other employees upon
request.

end insert