BILL NUMBER: AB 109	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Knox

                        DECEMBER 23, 1998

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 109, as introduced, Knox.  Employment:  sick leave.
   Existing law does not require an employer to permit an employee to
use sick leave to attend to the illness of a child, parent, or
spouse of the employee.
   This bill would require an employer who provides sick leave, as
defined, for employees to permit an employee to use accrued sick
leave, not exceeding in any calendar year 1/2 of the employee's
entitlement for that year, to attend to the illness of a child,
parent, or spouse of the employee.  The bill would apply to the
state, political subdivisions of the state, and municipalities.
   This bill would prohibit an employer from discharging, threatening
to discharge, demoting, suspending, or in any manner discriminating
in the terms and conditions of employment against, an employee for
using, or attempting to exercise the right to use, sick leave to
attend to the illness of a child of the employee.
   This bill would provide that any employee aggrieved by a violation
of the bill is entitled to reinstatement and reimbursement for lost
wages and work benefits caused by the acts of the employer.  The bill
would make violations by employers subject to minimum damages of one
day's pay, as specified.  The bill would also specifically authorize
collection of amounts due employees under the bill, pursuant to
existing law authorizing the Labor Commissioner to invoke
administrative procedures or seek judicial remedies to recover wages,
penalties, and other compensation on behalf of aggrieved employees.
The bill would declare that its rights and remedies are
nonexclusive.
   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 is added to the Labor Code, to read:
   233.  (a) Any employer who provides sick leave for employees shall
permit an employee to use the accrued and available sick leave to
which he or she is entitled, not exceeding in any calendar year
one-half of the employee's sick leave entitlement for that year, to
attend to an illness of a child, parent, or spouse of the employee.
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, or spouse.  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 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, or a child of a person standing in loco
parentis.
   (2) "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) "Parent" means a biological, foster, or adoptive parent, a
stepparent, or a legal guardian.
   (4) "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) 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) The absence is for the purpose of obtaining professional
diagnosis or treatment for a medical condition of the employee.
   (C) The absence is for other medical reasons of the employee, such
as pregnancy or obtaining a physical examination.
   "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 employer shall 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, or spouse of the employee.
   (d) Any employee aggrieved by a violation of subdivision (c) shall
be entitled to reinstatement and reimbursement for lost wages and
work benefits caused by the violation.  The employee shall be
entitled to recover from the employer not less than one day's pay
under this subdivision as minimum damages for the violation,
regardless of whether the violation resulted in lost wages or work
benefits, but any reimbursement recovered from the employer under
this subdivision shall be offset in reduction of the minimum damages.

   (e) An employee may request the assistance of the Labor
Commissioner under Section 98.3, 98.4, or 98.7 to recover amounts due
from the employer under subdivision (d) or may bring a civil action
therefor in a court of competent jurisdiction.
   (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.