Senate BillNo. 29


Introduced by Senator Beall

December 1, 2014


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

LEGISLATIVE COUNSEL’S DIGEST

SB 29, as introduced, Beall. Employment: sick leave.

Existing law requires an employer to allow an employee to use his or her sick leave to care for an ill spouse, domestic partner, parent, or child, as defined.

This bill would make technical, nonsubstantive changes to that 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 1.  

Section 233 of the Labor Code is amended to
2read:

3

233.  

(a) Any employer who provides sick leave for employees
4shall permit an employee to use in any calendar year 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
12of his or her child, parent, spouse, or domestic partner. This section
P2    1does not extend the maximum period of leave to which an
2employee is entitled under Section 12945.2 of the Government
3Code or under the federal Family and Medical Leave Act of 1993
4(29 U.S.C. Sec.begin delete 2606end deletebegin insert 2601end insert et seq.), regardless of whether the
5employee receives sick leave compensation during that leave.

6(b) As used in this section:

7(1) “Child” means a biological, foster, or adopted child, a
8stepchild, a legal ward, a child of a domestic partner, or a child of
9a person standing in loco parentis.

10(2) “Employer” means any person employing another under
11any appointment or contract of hire and includes the state, political
12subdivisions of the state, and municipalities.

13(3) “Parent” means a biological, foster, or adoptive parent, a
14stepparent, or a legal guardian.

15(4) “Sick leave” means accrued increments of compensated
16leave provided by an employer to an employee as a benefit of the
17employment for use by the employee during an absence from the
18employment for any of the following reasons:

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

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

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

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

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

38(d) Any employee aggrieved by a violation of this section shall
39be entitled to reinstatement and actual damages or one day’s pay,
40whichever is greater, and to appropriate equitable relief.

P3    1(e) Upon the filing of a complaint by an employee, the Labor
2Commissioner shall enforce the provisions of this section in
3accordance with the provisions of Chapter 4 (commencing with
4Section 79) of Division 1, including, but not limited to, Sections
592, 96.7, 98, and 98.1 to 98.8, inclusive. Alternatively, an employee
6may bring a civil action for the remedies provided by this section
7in a court of competent jurisdiction. If the employee prevails, the
8court may award reasonable attorney’s fees.

9(f) The rights and remedies specified in this section are
10cumulative and nonexclusive and are in addition to any other rights
11or remedies afforded by contract or underbegin insert anyend insert other provisions of
12law.



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