AB 2030, as introduced, Campos. Employees: time off.
Existing law prohibits an employer who employs 25 or more employees working at the same location from discharging or in any way discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking off up to 40 hours each year for the purpose of participating in school activities, subject to specified conditions including a limitation of 8 hours in any calendar month of the school year. Existing law requires an employee to utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence authorized by this provision and also authorizes an employee to utilize time off without pay for this purpose, to the extent made available by his or her employer.
This bill would prohibit such an employer from discharging or discriminating against an employee taking time off, within those defined limitations, without loss of pay. The bill would prohibit an employee from being required to use existing vacation, personal leave, or compensatory time off for those purposes, unless otherwise provided by a collective bargaining agreement entered into before January 1, 2015, and in effect on that date, or from being required to use time off without pay for those purposes. The bill would prohibit the entitlement of any employee under those provisions from being diminished by any collective bargaining agreement term or condition that is agreed to on or after January 1, 2015.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 230.8 of the Labor Code is amended to
2read:
(a) (1) No employer who employs 25 or more
4employees working at the same location shall discharge or in any
5way discriminate against an employee who is a parent, guardian,
6or grandparent having custody, of one or more children in
7kindergarten or grades 1 to 12, inclusive, or attending a licensed
8child day care facility, for taking off up to 40 hours each year, not
9exceeding eight hours in any calendar month of the year,begin insert without
10loss of pay,end insert to participate in activities of the school or licensed
11child day care facility of any of his or her children, if the employee,
12prior to taking the time off, gives reasonable notice to the employer
13of the planned absence of
the employee.
14(2) If both parents of a child are employed by the same employer
15at the same worksite, the entitlement under paragraph (1) of a
16planned absence as to that child applies, at any one time, only to
17the parent who first gives notice to the employer, such that the
18other parent may take a planned absence simultaneously as to that
19same child under the conditions described in paragraph (1) only
20if he or she obtains the employer’s approval for the requested time
21off.
22(b) begin delete(1)end deletebegin delete end deleteThe employee shallbegin delete utilizeend deletebegin insert not be required to useend insert
existing
23vacation, personal leave, or compensatory time off for purposes
24of the planned absence authorized by this section, unless otherwise
25provided by a collective bargaining agreement entered into before
26January 1,begin delete 1995,end deletebegin insert 2015,end insert and in effect on that date. An employee
27begin delete also may utilizeend deletebegin insert shall not be required to useend insert time off without pay
28for this purpose, to the extent made available by his or her
29employer. The entitlement of any employee under this section shall
30not be diminished by any collective bargaining agreement term or
31condition that is agreed to on or after January 1,begin delete 1995.end deletebegin insert
2015.end insert
P3 1(2) Notwithstanding paragraph (1), in the event that all
2permanent, full-time employees of an employer are accorded
3vacation during the same period of time in the calendar year, an
4employee of that employer may not utilize that accrued vacation
5benefit at any other time for purposes of the planned absence
6authorized by this section.
7(c) The employee, if requested by the employer, shall provide
8documentation from the school or licensed child day care facility
9as proof that he or she participated in school or licensed child day
10care facility activities on a specific date and at a particular time.
11For purposes of this subdivision, “documentation” means whatever
12written verification of parental
participation the school or licensed
13child day care facility deems appropriate and reasonable.
14(d) Any employee who is discharged, threatened with discharge,
15demoted, suspended, or in any other manner discriminated against
16in terms and conditions of employment by his or her employer
17because the employee has taken time off to participate in school
18or licensed child day care facility activities as described in this
19section shall be entitled to reinstatement and reimbursement for
20lost wages and work benefits caused by the acts of the employer.
21Any employer who willfully refuses to rehire, promote, or
22otherwise restore an employee or former employee who has been
23determined to be eligible for rehiring or promotion by a grievance
24procedure, arbitration, or hearing authorized by law shall be subject
25to a civil penalty in an amount equal to three times the amount of
26the employee’s lost wages and work benefits.
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