California Senate Bill SB579 Introduced / Bill

 BILL NUMBER: SB 579INTRODUCED BILL TEXT INTRODUCED BY Senator Jackson FEBRUARY 26, 2015 An act to amend Section 233 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST SB 579, as introduced, Jackson. Employees: sick leave. 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, 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 employer to permit an employee to use sick leave to address a childcare or school emergency, as defined, 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. 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 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 of a child, parent, spouse, or domestic partner of the  employee.   employee, or to address a childcare 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 of his or her child, parent, spouse, or domestic partner. 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.  2606   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 or school emergency" means that a 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.   (2)   (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.  (3)   (4)  "Parent" means a biological, foster, or adoptive parent, a stepparent, or a legal guardian.  (4)   (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:  (A)   (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.  (B)   (ii)  The absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the employee.  (C)   (iii)  The absence is for other medical reasons of the employee, such as pregnancy or obtaining a physical examination.  "Sick   (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)  No   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 of a child, parent, spouse, or domestic partner of the  employee.   employee, or to   address a childcare 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  the provisions of  this section in accordance with  the provisions of  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  provisions of  law.