Bill Text: CA SB579 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Employees: time off.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-10-11 - Chaptered by Secretary of State. Chapter 802, Statutes of 2015. [SB579 Detail]

Download: California-2015-SB579-Amended.html

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BILL NUMBER: SB 579	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 15, 2015

INTRODUCED BY   Senator Jackson

                        FEBRUARY 26, 2015

   An act to amend  Section 233   Sections
230.8, 233, 245.5, and 246.5 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 579, as amended, Jackson. Employees:  sick leave.
  time off.  
   (1) 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, 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. Existing law
requires an employee to provide documentation regarding these
activities upon request by an employer and provides remedies to
employees discharged, demoted, or in any other manner discriminated
against as a result of his or her exercise of this right to take time
off.  
   This bill would include the finding, enrolling, or reenrolling of
a child in a school or day care facility as activities for which a
parent, guardian, or grandparent having custody of a child shall not
be discriminated against or discharged, as described above. 

    Existing 
    (2)     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, as prescribed,
  child, parent, spouse, or domestic partner  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 additionally require  that  
an  employer to permit an employee to use sick leave to address
a  childcare   child care or school
emergency, as defined,  or attend to the preventive care of a
child, parent, spouse, or domestic partner,  and would prohibit
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
address a childcare or school emergency.   for these
purposes.  
   (3) The Healthy Workplaces, Healthy Families Act of 2014 requires
an employer, upon the request of an employee, to provide paid sick
days for the diagnosis, care, or treatment of an existing health
condition of, or preventive care for, the employee or the employee's
family member, as specified.  
   This bill would additionally require an employer to provide paid
sick days upon the request of an employee to address a child care or
school emergency, as defined. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated 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)  No   An  employer who
employs 25 or more employees working at the same location shall 
not  discharge or in any way discriminate against an employee
who is a parent, guardian, or grandparent having  custody,
  custody  of one or more children  in
  of the age to attend  kindergarten or grades 1 to
12, inclusive, or  attending  a licensed child day
care facility, for taking off up to 40 hours each year, not exceeding
eight hours in any calendar month of the year,  to
participate in activities of the school or licensed child day care
facility of any of his or her children,   for the
purpose of either of the following child-related activities,  if
the employee, prior to taking the time off, gives reasonable notice
to the employer of the planned absence of the  employee.
  employee:  
   (A) To find, enroll, or reenroll his or her child in a school or
licensed day care facility.  
   (B) To participate in activities of the school or licensed day
care facility of his or her child. 
   (2) If both parents of a child are employed by the same employer
at the same worksite, the entitlement under paragraph (1) 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 the
other parent may take a planned absence simultaneously as to that
same child under the conditions described in paragraph (1) only if he
or she obtains the employer's approval for the requested time off.
   (b) (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 his or her
employer. 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) The employee, if requested by the employer, shall provide
documentation from the school or licensed child day care facility as
proof that he or she  participated in school or licensed
child day care facility activities   engaged in
child-related activities permitted in subdivision (a)  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 day care facility
deems appropriate and reasonable.
   (d) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
terms and conditions of employment by his or her employer because the
employee has taken time off to  participate in school or
licensed child day care facility activities as described in this
section   engage in child-related activities permitted
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, 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.
   SECTION 1.   SEC.   2. 
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, to attend to an illness
 or the preventive care  of a child, parent, spouse, or
domestic partner of the employee, or to address a  childcare
  child care  or school emergency. All conditions
and restrictions placed by the employer upon the use by an employee
of sick leave also shall apply to the use by an employee of sick
leave to attend to an illness or the preventive care  of his
or her child, parent, spouse, or domestic  partner.
  partner, or to address a child care or school
emergency.  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) "Child" means a biological, foster, or adopted child, a
stepchild, a legal ward, a child of a domestic partner, or a child of
a person standing in loco parentis.
   (2)  "Childcare   "Child care  or school
emergency" means that  a   an employee's 
child cannot remain in a school or child care facility due to one of
the following:
   (A) Illness of, or injury to, the child.
   (B) Behavioral or discipline problems.
   (C) Closure of the facility.
   (D) A disaster or extreme weather conditions, including, but not
limited to, fire, earthquake, or flood.
   (3) "Employer" means any person employing another under any
appointment or contract of hire and includes the state, political
subdivisions of the state, and municipalities.
   (4) "Parent" means a biological, foster, or adoptive parent, a
stepparent, or a legal guardian.
   (5) (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 of the following reasons:
   (i) The employee is physically or mentally unable to perform his
or her duties due to illness, injury, or a medical condition of the
employee.
   (ii) The absence is for the purpose of obtaining professional
diagnosis or treatment for a medical condition of the employee.
   (iii) The absence is for other medical reasons of the employee,
such as pregnancy or obtaining a physical examination. 
   (iv) The absence is to attend to an illness or the preventive care
of a child, parent, spouse, or domestic partner of the employee.
 
   (v) The absence is to address a child care or school emergency.

   (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) 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 child, parent, spouse, or domestic
partner of the employee, or to address a  childcare 
 child care  or school emergency.
   (d) 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.
   (e) 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.
   (f) 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.
   SEC. 3.    Section 245.5 of the   Labor Code
  is amended to read: 
   245.5.  As used in this article: 
   (a) "Child care or school emergency" means that an employee's
child cannot remain in a school or child care facility due to one of
the following:  
   (1) Illness of, or injury to, the child. 
   (2) Behavioral or discipline problems.  
   (3) Closure of the facility.  
   (4) A disaster or extreme weather conditions, including, but not
limited to, fire, earthquake, or flood.  
   (a) 
    (b)  "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
onsite 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) A provider of in-home supportive services under Section
14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with
Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare
and Institutions Code.
   (4) An individual employed by an air carrier as a flight deck or
cabin crew member that is subject to the provisions of Title II of
the federal Railway Labor Act (45 U.S.C.  Sec.  181 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. 
   (b) 
    (c)  "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) 
    (d)  "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 or dependency 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) 
    (e)  "Health care provider" has the same meaning as
defined in paragraph (6) of subdivision (c) of Section 12945.2 of the
Government Code. 
   (e) 
    (f)  "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.
   SEC. 4.    Section 246.5 of the   Labor Code
  is amended to read: 
   246.5.  (a) Upon the oral or written request of an employee, an
employer shall provide paid sick days for the following purposes:
   (1) Diagnosis, care, or treatment of an existing health condition
of, or preventive care for, an employee or an employee's family
member. 
   (2) To address a child care or school emergency.  
   (2) 
    (3)  For an employee who is a victim of domestic
violence, sexual assault, or stalking, the purposes described in
subdivision (c) of Section 230 and subdivision (a) of Section 230.1.
   (b) An employer shall not require as a condition of using paid
sick days that the employee search for or find a replacement worker
to cover the days during which the employee uses paid sick days.
   (c) (1) An employer shall not deny an employee the right to use
accrued sick days, discharge, threaten to discharge, demote, suspend,
or in any manner discriminate against an employee for using accrued
sick days, attempting to exercise the right to use accrued sick days,
filing a complaint with the department or alleging a violation of
this article, cooperating in an investigation or prosecution of an
alleged violation of this article, or opposing any policy or practice
or act that is prohibited by this article.
   (2) There shall be a rebuttable presumption of unlawful
retaliation if an employer denies an employee the right to use
accrued sick days, discharges, threatens to discharge, demotes,
suspends, or in any manner discriminates against an employee within
30 days of any of the following:
   (A) The filing of a complaint by the employee with the Labor
Commissioner or alleging a violation of this article.
   (B) The cooperation of an employee with an investigation or
prosecution of an alleged violation of this article.
   (C) Opposition by the employee to a policy, practice, or act that
is prohibited by this article.