BILL NUMBER: AB 2357 CHAPTERED
BILL TEXT

CHAPTER   487
FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
APPROVED BY GOVERNOR   SEPTEMBER 16, 2000
PASSED THE SENATE   AUGUST 31, 2000
PASSED THE ASSEMBLY   AUGUST 31, 2000
AMENDED IN SENATE   AUGUST 31, 2000
AMENDED IN ASSEMBLY   MAY 26, 2000
AMENDED IN ASSEMBLY   APRIL 26, 2000
AMENDED IN ASSEMBLY   APRIL 6, 2000

INTRODUCED BY   Assembly Member Honda
   (Co-authors:  Assembly Members Aroner, Cardenas, Gallegos, and
Kuehl)
   (Co-author:  Senator Bowen)

                        FEBRUARY 24, 2000

   An act to amend Section 230 of, and to add Section 230.1 to, the
Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


   AB 2357, Honda.  Victims of Domestic Violence Employment Leave
Act.
   Existing law prohibits an employer from discharging or
discriminating or retaliating against an employee who is a victim of
domestic violence for taking time off from work to obtain judicial
relief to help ensure the health, safety, or welfare of the employee
or his or her child.  Existing law provides that an employee who has
been discharged or discriminated or retaliated against in violation
of these provisions is entitled to reinstatement and reimbursement of
lost wages and benefits.  The failure of an employer to rehire,
promote, or restore an eligible employee constitutes a misdemeanor.
   This bill would enact the Victims of Domestic Violence Employment
Leave Act, which with regard to employers with 25 or more employees
would additionally prohibit an employer from discharging or
discriminating or retaliating against an employee who is a victim of
domestic violence and who takes time off to seek medical attention,
to obtain services from a domestic violence program, to obtain
psychological counseling, or to participate in safety planning.
   With regard to all employers, regardless of the number of
employees, the bill would require the employee to give the employer
reasonable advance notice of the intention to take time off for any
of the purposes summarized above, as provided, and an employer would
be required to maintain the confidentiality of an employee who
requests time off pursuant to provisions of existing law or under
provisions added by the bill.
   By revising and expanding the scope of a crime, this 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.  (a) This act shall be known and may be cited as the
Victims of Domestic Violence Employment Leave Act.
   (b) The Legislature finds and declares the following:
   (1) Domestic violence affects many persons without regard to age,
race, educational level, socioeconomic status, religion, or
occupation.
   (2) Domestic violence is a crime that has a devastating effect on
families, communities, and the workplace.
   (3) Domestic violence impacts productivity, effectiveness,
absenteeism, and employee turnover in the workplace.
   (4) The National Crime Survey estimates that 175,000 days per year
are missed from paid work due to domestic violence.
   (5) The study also found that 56 percent of the victims were late
for work at least five times a month, 28 percent of the victims had
to leave work early at least five times a month, and 54 percent
missed at least three days a month, all due to domestic violence.
   (6) Victims of domestic violence may be vulnerable at work when
trying to end an abusive relationship because the workplace may be
the only place where the perpetrator knows to contact the victim.
   (7) Employers must be sensitive to the needs of employees who are
experiencing domestic violence and be responsive to those needs
through personnel leave and benefits policies.
   (8) Employees who commit acts of domestic violence at or away from
the workplace should be disciplined in the same manner as employees
who commit other acts of violence or harassment at or away from the
workplace.
  SEC. 2.  Section 230 of the Labor Code is amended to read:
   230.  (a) No employer shall 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) No employer shall 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) No employer shall discharge or in any manner discriminate or
retaliate against an employee who is a victim of domestic violence as
defined in Section 6211 of the Family Code 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 a domestic violence victim or his or her child.
   (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.
   (B) A court order protecting or separating the employee from the
perpetrator of an act of domestic violence, 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, 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.
   (3) To the extent allowed by law, employers 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).  The entitlement of any
employee under this section shall not be diminished by any collective
bargaining agreement term or condition.
  SEC. 3.  Section 230.1 is added to the Labor Code, to read:
   230.1.  (a) In addition to the requirements and prohibitions
imposed on employees pursuant to Section 230, an employer with 25 or
more employees may not discharge or in any manner discriminate or
retaliate against an employee who is a victim of domestic violence as
defined in Section 6211 of the Family Code for taking time off from
work to attend to any of the following:
   (1) To seek medical attention for injuries caused by domestic
violence.
   (2) To obtain services from a domestic violence shelter, program,
or rape crisis center as a result of domestic violence.
   (3) To obtain psychological counseling related to an experience of
domestic violence.
   (4) To participate in safety planning and take other actions to
increase safety from future domestic violence, including temporary or
permanent relocation.
   (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
domestic violence.
   (B) A court order protecting or separating the employee from the
perpetrator of an act of domestic violence, or other evidence from
the court or prosecuting attorney that the employee appeared in
court.
   (C) Documentation from a medical professional, domestic violence
advocate, 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.
   (3) To the extent allowed by law, employers shall maintain the
confidentiality of any employee requesting leave under subdivision
(a).
   (c) 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) 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) 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) 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 (a) shall have one year from the date of occurrence of
the violation to file his or her complaint.
   (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 subdivision (a).  The entitlement of any employee under
this section shall not be diminished by any collective bargaining
agreement term or condition.
   (f) This section does not create a right for an employee to take
unpaid leave that exceeds the unpaid leave time allowed under, or is
in addition to the unpaid leave time permitted by, the federal Family
and Medical Leave Act of 1993 (29 U.S.C. Sec. 2606 et seq.).
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.