Bill Text: CA AB415 | 2021-2022 | Regular Session | Amended
Bill Title: Employment: workers’ compensation.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB415 Detail]
Download: California-2021-AB415-Amended.html
|
Amended
IN
Assembly
February 12, 2021 |
| Introduced by Assembly Member Robert Rivas |
February 03, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Healthy Workplaces, Healthy Families Act of 2014, generally entitles an employee who works in California for the same employer for 30 or more days within a year to paid sick days, as specified. The act requires an employer, upon request of an employee, to provide paid sick days for reasons that include the diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member. The act defines terms for its purposes. The definition of the term “family member” includes, among other persons, a child, which for purposes of the act means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. Existing law applies the definition of a child regardless of age or dependency status.
This bill would also apply the definition of a child regardless of immigration status.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 3212.18 is added to the Labor Code, to read:3212.18.
(a) The term “injury,” as used in this division, includes cancer, including leukemia, that develops or manifests during a period in which an individual described in subdivision (d) demonstrates that they were exposed, while in the employment of the city, county, city and county, district, or other municipal corporation or political subdivision as specified in subdivision (d), to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director.As used in this article:
(a)“Employee” does not include the following:
(1)An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.
(2)An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions
of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.
(3)An individual employed by an air carrier as a flight deck or cabin crew member that is subject to Title II of the federal
Railway Labor Act (45 U.S.C. Sec. 151 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246.
(4)An employee of the state, city, county, city and county, district, or any other public entity who is a recipient of a retirement allowance and employed without reinstatement into the employee’s respective retirement system pursuant to either Article 8 (commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code, or Article 8 (commencing with Section 31670)
of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code.
(b)“Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.
(c)“Family member” means any of the following:
(1)A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age, dependency, or immigration status.
(2)A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic
partner, or a person who stood in loco parentis when the employee was a minor child.
(3)A spouse.
(4)A registered domestic partner.
(5)A grandparent.
(6)A grandchild.
(7)A sibling.
(d)“Health care provider” has the same meaning as defined in Section 12945.2 of the Government Code.
(e)“Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5.
