Bill Text: CA AB2017 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Employee: sick leave: kin care.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-09-28 - Chaptered by Secretary of State - Chapter 211, Statutes of 2020. [AB2017 Detail]

Download: California-2019-AB2017-Amended.html

---

Amended  IN  Assembly  February 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2017

---

Introduced by Assembly Member Mullin

January 29, 2020

---

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

LEGISLATIVE COUNSEL'S DIGEST

AB 2017, as amended, Mullin. Employee: sick leave: kin care.

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 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 refer to such lease as kin care leave, and would prohibit an employer from designating a sick day, taken by the employee for themselves, as a kin care day, as defined, unless the employee authorizes the designation.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

---

Bill Text

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, for kin care reasons. the reasons specified in subdivision (a) of Section 246.5. 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. 2601 et seq.), regardless of whether the employee receives sick leave compensation during that leave.

(b) As used in this section:

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

(2) “Family member” has the same meaning as defined in Section 245.5.

(3) (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 kin care reasons.

(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)For purposes of this section, “kin care” means sick leave available to an employee to care for a family member as specified in subdivision (a) of Section 246.5.

(d)

(c) (1) An employer shall not designate a sick day, taken by an employee for themselves, as a kin care day, unless the employee authorizes the designation as a kin care day.

(2) Nothing in this subdivision is intended to increase the number of sick days available to any employee.

(3) Nothing in this subdivision shall be construed to prohibit an employer from charging a sick day when the employee takes off a sick day for themselves, pursuant to employer policy if the employer policy regarding the taking of sick days is applied uniformly. themselves.

(e)

(d) 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 or the preventive care of a family member, or for any other kin care reason.

(f)

(e) 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.

(g)

(f) Upon the filing of a complaint by an employee, the Labor Commissioner shall enforce this section in accordance with 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.

(h)

(g) 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 law.