Senate BillNo. 579


Introduced by Senator Jackson

February 26, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

SB 579, as introduced, Jackson. Employees: sick leave.

Existing law requires an employer who provides sick leave for employees to permit an employee to use the employee’s accrued and available sick leave entitlement to attend to the illness of a family member, as prescribed, and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness.

This bill would additionally require that employer to permit an employee to use sick leave to address a childcare or school emergency, as defined, and would prohibit an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to address a childcare or school emergency.

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

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

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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
P2    1employee’s accrued and available sick leave entitlement, in an
2amount not less than the sick leave that would be accrued during
3six months at the employee’s then current rate of entitlement, to
4attend to an illness of a child, parent, spouse, or domestic partner
5of thebegin delete employee.end deletebegin insert employee, or to address a childcare or school
6emergency.end insert
All conditions and restrictions placed by the employer
7upon the use by an employee of sick leave also shall apply to the
8use by an employee of sick leave to attend to an illness of his or
9her child, parent, spouse, or domestic partner. This section does
10not extend the maximum period of leave to which an employee is
11entitled under Section 12945.2 of the Government Code or under
12the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec.
13begin delete 2606end deletebegin insert 2601end insert et seq.), regardless of whether the employee receives
14sick leave compensation during that leave.

15(b) As used in this section:

16(1) “Child” means a biological, foster, or adopted child, a
17stepchild, a legal ward, a child of a domestic partner, or a child of
18a person standing in loco parentis.

begin insert

19(2) “Childcare or school emergency” means that a child cannot
20remain in a school or child care facility due to one of the following:

end insert
begin insert

21(A) Illness of, or injury to, the child.

end insert
begin insert

22(B) Behavioral or discipline problems.

end insert
begin insert

23(C) Closure of the facility.

end insert
begin insert

24(D) A disaster or extreme weather conditions, including, but
25not limited to, fire, earthquake, or flood.

end insert
begin delete

26(2)

end delete

27begin insert(3)end insert “Employer” means any person employing another under
28any appointment or contract of hire and includes the state, political
29subdivisions of the state, and municipalities.

begin delete

30(3)

end delete

31begin insert(4)end insert “Parent” means a biological, foster, or adoptive parent, a
32stepparent, or a legal guardian.

begin delete

33(4)

end delete

34begin insert(5)end insertbegin insertend insertbegin insert(A)end insert “Sick leave” means accrued increments of compensated
35leave provided by an employer to an employee as a benefit of the
36employment for use by the employee during an absence from the
37employment for any of the following reasons:

begin delete

38(A)

end delete

P3    1begin insert(i)end insert The employee is physically or mentally unable to perform
2his or her duties due to illness, injury, or a medical condition of
3the employee.

begin delete

4(B)

end delete

5begin insert(ii)end insert The absence is for the purpose of obtaining professional
6diagnosis or treatment for a medical condition of the employee.

begin delete

7(C)

end delete

8begin insert(iii)end insert The absence is for other medical reasons of the employee,
9such as pregnancy or obtaining a physical examination.

begin delete

10 “Sick

end delete

11begin insert(B)end insertbegin insertend insertbegin insert“Sickend insert leave” does not include any benefit provided under
12an employee welfare benefit plan subject to the federal Employee
13Retirement Income Security Act of 1974 (Public Law 93-406, as
14amended) and does not include any insurance benefit, workers’
15compensation benefit, unemployment compensation disability
16benefit, or benefit not payable from the employer’s general assets.

17(c) begin deleteNo end deletebegin insertAn end insertemployer shallbegin insert notend insert deny an employee the right to use
18sick leave or discharge, threaten to discharge, demote, suspend,
19or in any manner discriminate against an employee for using, or
20attempting to exercise the right to use, sick leave to attend to an
21illness of a child, parent, spouse, or domestic partner of the
22begin delete employee.end deletebegin insert employee, or to end insertbegin insertaddress a childcare or school
23emergency.end insert

24(d) Any employee aggrieved by a violation of this section shall
25be entitled to reinstatement and actual damages or one day’s pay,
26whichever is greater, and to appropriate equitable relief.

27(e) Upon the filing of a complaint by an employee, the Labor
28Commissioner shall enforcebegin delete the provisions ofend delete this section in
29accordance withbegin delete the provisions ofend delete Chapter 4 (commencing with
30Section 79) of Division 1, including, but not limited to, Sections
3192, 96.7, 98, and 98.1 to 98.8, inclusive. Alternatively, an employee
32may bring a civil action for the remedies provided by this section
33in a court of competent jurisdiction. If the employee prevails, the
34court may award reasonable attorney’s fees.

35(f) The rights and remedies specified in this section are
36cumulative and nonexclusive and are in addition to any other rights
37or remedies afforded by contract or under otherbegin delete provisions ofend delete law.



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