BILL NUMBER: SB 579	INTRODUCED
	BILL TEXT


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:

  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 in any calendar 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.   employee, or to address a childcare or
school emergency.  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   2601  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) "Childcare or school emergency" means that a child cannot
remain in a school or child care facility due to one of the
following:  
   (A) Illness of, or injury to, the child.  
   (B) Behavioral or discipline problems.  
   (C) Closure of the facility.  
   (D) A disaster or extreme weather conditions, including, but not
limited to, fire, earthquake, or flood.  
   (2) 
    (3)  "Employer" means any person employing another under
any appointment or contract of hire and includes the state,
political subdivisions of the state, and municipalities. 
   (3) 
    (4)  "Parent" means a biological, foster, or adoptive
parent, a stepparent, or a legal guardian. 
   (4) 
    (5)     (A)  "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) 
    (i)  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) 
    (ii)  The absence is for the purpose of obtaining
professional diagnosis or treatment for a medical condition of the
employee. 
   (C) 
    (iii)  The absence is for other medical reasons of the
employee, such as pregnancy or obtaining a physical examination.

    "Sick 
    (B)     "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   An  employer shall  not
 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.  
employee, or to   address a childcare or school emergency.

   (d) Any 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.