Bill Text: CA SB1383 | 2019-2020 | Regular Session | Amended

California Senate Bill 1383 (Prior Session Legislation)

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

Bill Title: Unlawful employment practice: California Family Rights Act.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2020-09-17 - Chaptered by Secretary of State. Chapter 86, Statutes of 2020. [SB1383 Detail]

Download: California-2019-SB1383-Amended.html

Amended IN Senate June 18, 2020

Amended IN Senate March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 1383

Introduced by Senator Jackson
(Coauthors: Senators Allen and Skinner)
(Coauthors: Assembly Members Bonta, Eggman, Kalra, Limón, and Wicks)

February 21, 2020

An act to amend Section 230.8 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

SB 1383, as amended, Jackson. Employees: time off.

Existing law prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, as defined, of a child of the age to attend a licensed ~~child care~~ childcare provider or in kindergarten or grades 1 to 12, inclusive, for taking off up to 40 hours each year to find, enroll, or reenroll their child in a school, to participate in school activities, or address emergency situations at school, subject to specified conditions. Existing law requires an employee to use vacation or other paid time off when taking time off under these provisions and authorizes the use of unpaid time off, to the extent made available by the employer.

This bill would ~~apply these provisions to all employers and would~~ in addition, authorize an employee to take off time in excess of 40 hours in the case of a school or childcare provider closure or unavailability due to an emergency declaration by a federal, state, or local government agency, up to the duration of the ~~emergency.~~ closure or unavailability of the school or childcare provider, regardless of the number of employees employed. The bill would delete the requirement that the childcare provider be a licensed childcare provider, and would require leave under these provisions to run concurrently with leave entitlement for which the employee’s absence simultaneously qualifies.

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

The people of the State of California do enact as follows:

SECTION 1.

Section 230.8 of the Labor Code is amended to read:

230.8.

(a) (1) An employer shall not discharge or in any way discriminate against an employee who is a parent of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a ~~licensed child care~~ childcare provider, for taking off up to 40 hours each year, for the purpose of either of the following child-related activities:

(A) To find, enroll, or reenroll their child in a school or with a ~~licensed child care~~ childcare provider, or to participate in activities of the school or ~~licensed child care~~ childcare provider of their child, if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee. Time off pursuant to this subparagraph shall not exceed eight hours in any calendar month of the year.

(B) To address a ~~child care~~ childcare provider or school emergency, including a school ~~closure pursuant to a state of emergency declaration by a federal, state, or local government agency~~ or childcare provider closure or unavailability, if the employee gives notice to the employer. ~~Time off taken pursuant to this subparagraph shall not be limited to 40 hours and may be extended to the duration of the emergency.~~

(2) This subdivision applies only to an employer that employs 25 or more employees working at the same location.
(b) No employer, regardless of the number of employees it employs, shall discharge or in any way discriminate against an employee who is a parent of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a childcare provider, for taking time off from work to address a school or childcare provider closure or unavailability due to a state of emergency declared by a federal, state, or local government agency. Time off taken pursuant to this subparagraph shall not be limited to 40 hours and may be extended to the duration of the school or childcare provider closure or unavailability.
~~(2)~~

(c) If more than one parent of a child is employed by the same employer at the same worksite, the entitlement under ~~paragraph (1)~~ subdivision (a) or (b) of a planned absence as to that child applies, at any one time, only to the parent who first gives notice to the employer, such that another parent may take a planned absence simultaneously as to that same child under the conditions described in ~~paragraph (1)~~ those subdivisions only if they obtain the employer’s approval for the requested time off.

~~(b)~~

(d) (1) The employee shall utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence authorized by this section, unless otherwise provided by a collective bargaining agreement entered into before January 1, 1995, and in effect on that date. An employee also may utilize time off without pay for this purpose, to the extent made available by their employer. Leave taken pursuant to this section shall run concurrently with any other leave entitlement for which the employee’s absence simultaneously qualifies. The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition that is agreed to on or after January 1, 1995.

(2) Notwithstanding paragraph (1), in the event that all permanent, full-time employees of an employer are accorded vacation during the same period of time in the calendar year, an employee of that employer may not utilize that accrued vacation benefit at any other time for purposes of the planned absence authorized by this section.

~~(c)~~

(e) The employee, if requested by the employer, shall provide documentation from the school or ~~licensed child care~~ childcare provider as proof that they engaged in child-related activities permitted in subdivision (a) or (b) on a specific date and at a particular time. For purposes of this subdivision, “documentation” means whatever written verification of parental participation the school or ~~licensed child care~~ childcare provider deems appropriate and reasonable.

~~(d)~~

(f) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in terms and conditions of employment by their employer because the employee has taken time off to engage in child-related activities permitted in subdivision (a) or (b) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law shall be subject to a civil penalty in an amount equal to three times the amount of the employee’s lost wages and work benefits.

~~(e)~~

(g) For purposes of this section, the following terms have the following meanings:

(1) “Parent” means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child.

(2) “School or childcare provider” means a physical location in which care is provided for the employee’s child or someone who cares for the employee’s child. Such a physical location does not have to be solely dedicated to such care, and includes daycare facilities, preschools, before and after school care programs, schools, homes, summer camps, summer enrichment programs, and respite care programs. Someone who cares for the child includes individuals paid to provide childcare, including nannies, au pairs, and babysitters, as well as individuals who provide childcare at no cost and without a license on a regular basis, for example, a grandparent, an aunt, an uncle, or a neighbor.
~~(2)“Child care~~

(3) “Childcare provider or school emergency” means that an employee’s child cannot remain in a school or with a ~~child care~~ childcare provider due to one of the following:

(A) The school or ~~child care~~ childcare provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or ~~child care~~ childcare provider.

(B) Behavioral or discipline problems.

(C) Closure or unexpected unavailability of the school or ~~child care~~ childcare provider, excluding planned ~~holidays.~~ holidays, but including unavailability or closure caused by or pursuant to a state of emergency declared by a federal, state, or local government agency.

(D) A natural disaster, including, but not limited to, fire, earthquake, or flood.