Bill Text: CA SB288 | 2013-2014 | Regular Session | Chaptered
Bill Title: Employment protections: time off.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-11 - Chaptered by Secretary of State. Chapter 756, Statutes of 2013. [SB288 Detail]
Download: California-2013-SB288-Chaptered.html
BILL NUMBER: SB 288 CHAPTERED
BILL TEXT
CHAPTER 756
FILED WITH SECRETARY OF STATE OCTOBER 11, 2013
APPROVED BY GOVERNOR OCTOBER 11, 2013
PASSED THE SENATE SEPTEMBER 6, 2013
PASSED THE ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 30, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Lieu
FEBRUARY 14, 2013
An act to add Section 230.5 to the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 288, Lieu. Employment protections: time off.
Existing law prohibits an employer from discharging or in any
manner discriminating against an employee for taking time off to
serve on a jury, an employee who is a victim of a crime for taking
time off to appear in court as a witness in any judicial proceeding,
or an employee who is a victim of domestic violence or a victim of
sexual assault for taking time off from work to obtain or attempt to
obtain prescribed relief.
Existing law entitles an employee who is discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has taken time off for specified
purposes to reinstatement and reimbursement for lost wages and work
benefits caused by the acts of the employer. Under existing law, an
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 or
hearing authorized by law is guilty of a misdemeanor. Existing law
authorizes an employee who is discharged, threatened with discharge,
demoted, suspended, or otherwise discriminated or retaliated against
by his or her employer in violation of these provisions to file a
complaint with the Division of Labor Standards Enforcement of the
Department of Industrial Relations, as specified.
This bill would additionally prohibit an employer from discharging
or in any manner discriminating or retaliating against an employee
who is a victim, as defined, of specified offenses, as described, for
taking time off from work, upon the victim's request, to appear in
court to be heard at any proceeding, including any delinquency
proceeding, involving a postarrest release decision, plea,
sentencing, postconviction release decision, or any proceeding in
which a right of the victim is at issue. The bill would also extend
those aforementioned protections, including, but not limited to,
reinstatement and reimbursement, to an employee who is a victim of
specified offenses for taking time off from work to appear at such a
court proceeding. Because a violation of the bill's requirements
under certain circumstances would be a crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 230.5 is added to the Labor Code, to read:
230.5. (a) (1) An employer shall not discharge or in any manner
discriminate or retaliate against an employee who is a victim of an
offense listed in paragraph (2) for taking time off from work, upon
the victim's request, to appear in court to be heard at any
proceeding, including any delinquency proceeding, involving a
postarrest release decision, plea, sentencing, postconviction release
decision, or any proceeding in which a right of the victim is at
issue.
(2) The offenses include all of the following:
(A) Vehicular manslaughter while intoxicated, as defined in
subdivision (b) of Section 191.5 of the Penal Code.
(B) Felony child abuse likely to produce great bodily harm or a
death, as defined in Section 273a of the Penal Code.
(C) Assault resulting in the death of a child under eight years of
age, as defined in Section 273ab of the Penal Code.
(D) Felony domestic violence, as defined in Section 273.5 of the
Penal Code.
(E) Felony physical abuse of an elder or dependent adult, as
defined in subdivision (b) of Section 368 of the Penal Code.
(F) Felony stalking, as defined in Section 646.9 of the Penal
Code.
(G) Solicitation for murder, as defined in subdivision (b) of
Section 653f of the Penal Code.
(H) A serious felony, as defined in subdivision (c) of Section
1192.7 of the Penal Code.
(I) Hit-and-run causing death or injury, as defined in Section
20001 of the Vehicle Code.
(J) Felony driving under the influence causing injury, as defined
in Section 23153 of the Vehicle Code.
(K) Sexual assault as set forth in Section 261, 261.5, 262, 265,
266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 288,
288.5, 288a, 289, or 311.4 of the Penal Code.
(b) (1) As a condition of taking time off for a purpose set forth
in subdivision (a), the employee shall give the employer reasonable
advance notice of the employee's intention to take time off, unless
the advance notice is not feasible.
(2) When an unscheduled absence occurs, the employer shall not
take any action against the employee if the employee, within a
reasonable time after the absence, provides a certification to the
employer. Certification shall be sufficient in the form of any of the
following:
(A) A police report indicating that the employee was a victim of
an offense specified in subdivision (a).
(B) A court order protecting or separating the employee from the
perpetrator of an offense specified in subdivision (a), or other
evidence from the court or prosecuting attorney that the employee has
appeared in court.
(C) Documentation from a medical professional, domestic violence
advocate or advocate for victims of sexual assault, health care
provider, or counselor that the employee was undergoing treatment for
physical or mental injuries or abuse resulting in victimization from
an offense specified in subdivision (a).
(3) To the extent allowed by law, the employer shall maintain the
confidentiality of any employee requesting leave under subdivision
(a).
(c) An employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has taken time off for a purpose
set forth in subdivision (a) 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 or hearing authorized by law is guilty of a misdemeanor.
(d) (1) An employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has exercised his or her rights
as set forth in subdivision (a) may file a complaint with the
Division of Labor Standards Enforcement of the Department of
Industrial Relations pursuant to Section 98.7.
(2) Notwithstanding any time limitation in Section 98.7, an
employee may file a complaint with the division based upon a
violation of subdivision (a) within one year from the date of
occurrence of the violation.
(e) An employee may use vacation, personal leave, or compensatory
time off that is otherwise available to the employee under the
applicable terms of employment, unless otherwise provided by a
collective bargaining agreement, for time taken off for a purpose
specified in this section. The entitlement of any employee under this
section shall not be diminished by any collective bargaining
agreement term or condition.
(f) For purposes of this section, "victim" means any person who
suffers direct or threatened physical, psychological, or financial
harm as a result of the commission or attempted commission of a crime
or delinquent act. The term "victim" also includes the person's
spouse, parent, child, sibling, or guardian.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
