| 1 | | - | Assembly Bill No. 2017 CHAPTER 211 An act to amend Section 233 of the Labor Code, relating to employment. [ Approved by Governor September 28, 2020. Filed with Secretary of State September 28, 2020. ] LEGISLATIVE COUNSEL'S DIGESTAB 2017, Mullin. Employee: sick leave: kin care.Existing law requires an employer who provides sick leave for employees to permit an employee to use the employees accrued and available sick leave entitlement to attend to the illness of a family member 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 provide that the designation of the sick leave taken under these provisions is at the sole discretion of the employee.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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 employees accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employees then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. The designation of sick leave taken for these reasons shall be made at the sole discretion of the employee. 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) Employer means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.(2) Family member has the same meaning as defined in Section 245.5.(3) (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 reasons specified in subdivision (a) of Section 246.5.(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 employers 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 family member, or for any other reason specified in subdivision (a) of Section 246.5.(d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one days 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 attorneys 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. |
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| 1 | + | Enrolled August 31, 2020 Passed IN Senate August 28, 2020 Passed IN Assembly June 08, 2020 Amended IN Assembly March 12, 2020 Amended IN Assembly February 25, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2017Introduced by Assembly Member MullinJanuary 29, 2020 An act to amend Section 233 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 2017, Mullin. Employee: sick leave: kin care.Existing law requires an employer who provides sick leave for employees to permit an employee to use the employees accrued and available sick leave entitlement to attend to the illness of a family member 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 provide that the designation of the sick leave taken under these provisions is at the sole discretion of the employee.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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 employees accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employees then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. The designation of sick leave taken for these reasons shall be made at the sole discretion of the employee. 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) Employer means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.(2) Family member has the same meaning as defined in Section 245.5.(3) (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 reasons specified in subdivision (a) of Section 246.5.(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 employers 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 family member, or for any other reason specified in subdivision (a) of Section 246.5.(d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one days 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 attorneys 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. |
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| 14 | 25 | | |
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| 15 | 26 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 27 | | |
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| 17 | 28 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 29 | | |
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| 19 | 30 | | AB 2017, Mullin. Employee: sick leave: kin care. |
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| 20 | 31 | | |
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| 21 | 32 | | Existing law requires an employer who provides sick leave for employees to permit an employee to use the employees accrued and available sick leave entitlement to attend to the illness of a family member 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 provide that the designation of the sick leave taken under these provisions is at the sole discretion of the employee. |
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| 22 | 33 | | |
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| 23 | 34 | | Existing law requires an employer who provides sick leave for employees to permit an employee to use the employees accrued and available sick leave entitlement to attend to the illness of a family member 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. |
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| 24 | 35 | | |
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| 25 | 36 | | This bill would provide that the designation of the sick leave taken under these provisions is at the sole discretion of the employee. |
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| 26 | 37 | | |
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| 27 | 38 | | ## Digest Key |
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| 28 | 39 | | |
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| 29 | 40 | | ## Bill Text |
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| 30 | 41 | | |
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| 31 | 42 | | 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 employees accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employees then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. The designation of sick leave taken for these reasons shall be made at the sole discretion of the employee. 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) Employer means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.(2) Family member has the same meaning as defined in Section 245.5.(3) (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 reasons specified in subdivision (a) of Section 246.5.(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 employers 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 family member, or for any other reason specified in subdivision (a) of Section 246.5.(d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one days 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 attorneys 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. |
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| 32 | 43 | | |
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| 33 | 44 | | The people of the State of California do enact as follows: |
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| 34 | 45 | | |
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| 35 | 46 | | ## The people of the State of California do enact as follows: |
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| 36 | 47 | | |
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| 37 | 48 | | 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 employees accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employees then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. The designation of sick leave taken for these reasons shall be made at the sole discretion of the employee. 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) Employer means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.(2) Family member has the same meaning as defined in Section 245.5.(3) (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 reasons specified in subdivision (a) of Section 246.5.(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 employers 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 family member, or for any other reason specified in subdivision (a) of Section 246.5.(d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one days 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 attorneys 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. |
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| 38 | 49 | | |
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| 39 | 50 | | SECTION 1. Section 233 of the Labor Code is amended to read: |
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| 40 | 51 | | |
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| 41 | 52 | | ### SECTION 1. |
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| 42 | 53 | | |
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| 43 | 54 | | 233. (a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employees accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employees then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. The designation of sick leave taken for these reasons shall be made at the sole discretion of the employee. 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) Employer means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.(2) Family member has the same meaning as defined in Section 245.5.(3) (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 reasons specified in subdivision (a) of Section 246.5.(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 employers 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 family member, or for any other reason specified in subdivision (a) of Section 246.5.(d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one days 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 attorneys 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. |
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| 44 | 55 | | |
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| 45 | 56 | | 233. (a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employees accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employees then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. The designation of sick leave taken for these reasons shall be made at the sole discretion of the employee. 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) Employer means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.(2) Family member has the same meaning as defined in Section 245.5.(3) (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 reasons specified in subdivision (a) of Section 246.5.(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 employers 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 family member, or for any other reason specified in subdivision (a) of Section 246.5.(d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one days 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 attorneys 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. |
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| 46 | 57 | | |
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| 47 | 58 | | 233. (a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employees accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employees then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. The designation of sick leave taken for these reasons shall be made at the sole discretion of the employee. 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) Employer means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.(2) Family member has the same meaning as defined in Section 245.5.(3) (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 reasons specified in subdivision (a) of Section 246.5.(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 employers 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 family member, or for any other reason specified in subdivision (a) of Section 246.5.(d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one days 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 attorneys 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. |
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| 48 | 59 | | |
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| 49 | 60 | | |
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| 50 | 61 | | |
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| 51 | 62 | | 233. (a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employees accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employees then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. The designation of sick leave taken for these reasons shall be made at the sole discretion of the employee. 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. |
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| 52 | 63 | | |
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| 53 | 64 | | (b) As used in this section: |
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| 54 | 65 | | |
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| 55 | 66 | | (1) Employer means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. |
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| 56 | 67 | | |
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| 57 | 68 | | (2) Family member has the same meaning as defined in Section 245.5. |
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| 58 | 69 | | |
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| 59 | 70 | | (3) (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 reasons specified in subdivision (a) of Section 246.5. |
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| 60 | 71 | | |
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| 61 | 72 | | (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 employers general assets. |
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| 62 | 73 | | |
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| 63 | 74 | | (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 family member, or for any other reason specified in subdivision (a) of Section 246.5. |
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| 64 | 75 | | |
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| 65 | 76 | | (d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one days pay, whichever is greater, and to appropriate equitable relief. |
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| 66 | 77 | | |
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| 67 | 78 | | (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 attorneys fees. |
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| 68 | 79 | | |
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| 69 | 80 | | (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. |
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