Bill Text: CA SB288 | 2013-2014 | Regular Session | Amended

California Senate Bill 288 (Prior Session Legislation)

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

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-Amended.html

BILL NUMBER: SB 288	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Lieu

                        FEBRUARY 14, 2013

   An act to amend Section  51   230  of
the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 288, as amended, Lieu.  Director of Industrial
Relations.   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. A violation of these provisions, under
certain circumstances, is a misdemeanor.  
   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 defined, 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. 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.  
   Existing law establishes the Department of Industrial Relations
for specified purposes and provides for its administration by the
Director of Industrial Relations.  
   This bill would make a technical, nonsubstantive change to that
administration provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 230 of the   Labor
Code   is amended to read: 
   230.  (a) An employer may not discharge or in any manner
discriminate against an employee for taking time off to serve as
required by law on an inquest jury or trial jury, if the employee,
prior to taking the time off, gives reasonable notice to the employer
that he or she is required to serve.
   (b) An employer may not discharge or in any manner discriminate or
retaliate against an employee, including, but not limited to, an
employee who is a victim of a crime, for taking time off to appear in
court to comply with a subpoena or other court order as a witness in
any judicial proceeding.
   (c)  (1)    An employer may not discharge or in
any manner discriminate or retaliate against 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 any relief,
including, but not limited to, a temporary restraining order,
restraining order, or other injunctive relief, to help ensure the
health, safety, or welfare of the victim or his or her child. 
   (2) An employer may not discharge or in any manner discriminate or
retaliate against an employee who is a victim of an offense listed
in this paragraph 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 offenses include all
of the following:  
   (A) Vehicular manslaughter while intoxicated, as defined in
subdivision (c) 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. 
   (d) (1) As a condition of taking time off for a purpose set forth
in subdivision (c), 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
 domestic violence or sexual assault   an
offense specified in subdivision (c)  .
   (B) A court order protecting or separating the employee from the
perpetrator of an  act of domestic violence or sexual assault
  offense specified in subdivision (c)  , 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 act of domestic violence or sexual assault.
   (3) To the extent allowed by law, the employer shall maintain the
confidentiality of any employee requesting leave under subdivision
(c).
   (e) Any 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), (b), or (c) 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.
   (f) (1) Any 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), (b), or (c) 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 filing a complaint with the division based upon a violation
of subdivision (c) shall have one year from the date of occurrence of
the violation to file his or her complaint.
   (g) 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  subdivision (a), (b), or (c)  
this section  . The entitlement of any employee under this
section shall not be diminished by any collective bargaining
agreement term or condition.
   (h) For purposes of this section:
   (1) "Domestic violence" means any of the types of abuse set forth
in Section 6211 of the Family Code, as amended.
   (2) "Sexual assault" means any of the crimes set forth in Section
261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269,
273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code,
as amended. 
   (3) "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.  
  SECTION 1.    Section 51 of the Labor Code is
amended to read:
   51.  The department shall be conducted under the control of an
executive officer known as the Director of Industrial Relations. The
Director of Industrial Relations shall be appointed by the Governor
with the advice and consent of the Senate and hold office at the
pleasure of the Governor and shall receive an annual salary provided
for by Chapter 6 (commencing with Section 11550) of Part 1 of
Division 3 of Title 2 of the Government Code.