AB 2499: Employment: unlawful discrimination and paid sick days: victims of violence.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-29
Current Status:
Passed
(2024-09-29: Chaptered by Secretary of State - Chapter 967, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, subject to specified requirements for the employee, prohibits an employer from discharging or in any manner discriminating against an employee because of the employees status as a victim of crime or abuse or for taking time off for specified purposes. Those purposes include serving on a jury, and, if the employee is a victim of a crime, appearing in court as a witness in any judicial proceeding, and obtaining or attempting to obtain prescribed relief. Existing law requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations. Existing law defines terms for these purposes.
Existing law, subject to specified requirements for the employee, also prohibits an employer with 25 or more employees from discharging, or in any manner discriminating or retaliating against, an employee who is a victim, for taking time off from work to seek medical attention for injuries caused by crime or abuse, to obtain certain services as a result of the crime or abuse or related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the division. Existing law defines terms for these purposes.
Existing law requires an employer to inform each employee of the victim rights above in writing, to be provided upon hire and to other employees upon request. Existing law requires the Labor Commissioner to develop and post a form that an employer may use to comply, as prescribed.
This bill would revise and recast the jury, court, and victim time off provisions for employees as unlawful employment practices within the California Fair Employment and Housing Act and, thus, within the enforcement authority of the Civil Rights Department. The bill would refer to a qualifying act of violence, as defined, instead of crime, or crime or abuse. The bill would substantially revise existing definitions for its purposes, including defining victim as an individual against whom a qualifying act of violence is committed. The bill would prohibit an employer with 25 or more employees from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off work for any of a number of additional prescribed purposes relating to a qualifying act of violence. The bill would permit an employer to limit the total leave taken pursuant to these provisions, as specified, and require that the leave taken by an employee pursuant to these provisions run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the California Family Rights Act if the employee would have been eligible for that leave. The bill would expand the eligibility for reasonable accommodations to include an employee who is a victim or whose family member is a victim of a qualifying act of violence for the safety of the employee while at work. The bill would omit the reinstatement and reimbursement provisions included in existing law. The bill would require an employer to inform each employee of their rights under the bill, to be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employees family member is a victim. The bill would require the department to develop and post, on or before July 1, 2025, a form, as prescribed, that an employer may use to comply with that requirement. The bill would make a number of conforming changes to implement these provisions.
Existing law, the Healthy Workplaces, Healthy Families Act of 2014, requires an employer to provide a specified employee who is a victim of domestic violence, sexual assault, or stalking with paid sick days for the above-described purposes for which existing law prohibits an employer from discharging, or in any manner discriminating or retaliating against, the employee, as specified.
This bill would expand this paid sick leave requirement to include the additional purposes for which the bill would prohibit an employer from discharging, or in any manner discriminating or retaliating against, the employee, as specified.
This bill would incorporate additional changes to Section 48205 of the Education Code proposed by AB 1884 and SB 1138 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 246.5 of the Labor Code proposed by SB 1105 to be operative only if this bill and SB 1105 are enacted and this bill is enacted last.
Existing law, subject to specified requirements for the employee, prohibits an employer from discharging or in any manner discriminating against an employee because of the employees status as a victim of crime or abuse or for taking time off for specified purposes. Those purposes include serving on a jury, and, if the employee is a victim of a crime, appearing in court as a witness in any judicial proceeding, and obtaining or attempting to obtain prescribed relief. Existing law requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations. Existing law defines terms for these purposes.
Existing law, subject to specified requirements for the employee, also prohibits an employer with 25 or more employees from discharging, or in any manner discriminating or retaliating against, an employee who is a victim, for taking time off from work to seek medical attention for injuries caused by crime or abuse, to obtain certain services as a result of the crime or abuse or related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the division. Existing law defines terms for these purposes.
Existing law requires an employer to inform each employee of the victim rights above in writing, to be provided upon hire and to other employees upon request. Existing law requires the Labor Commissioner to develop and post a form that an employer may use to comply, as prescribed.
This bill would revise and recast the jury, court, and victim time off provisions for employees as unlawful employment practices within the California Fair Employment and Housing Act and, thus, within the enforcement authority of the Civil Rights Department. The bill would refer to a qualifying act of violence, as defined, instead of crime, or crime or abuse. The bill would substantially revise existing definitions for its purposes, including defining victim as an individual against whom a qualifying act of violence is committed. The bill would prohibit an employer with 25 or more employees from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off work for any of a number of additional prescribed purposes relating to a qualifying act of violence. The bill would permit an employer to limit the total leave taken pursuant to these provisions, as specified, and require that the leave taken by an employee pursuant to these provisions run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the California Family Rights Act if the employee would have been eligible for that leave. The bill would expand the eligibility for reasonable accommodations to include an employee who is a victim or whose family member is a victim of a qualifying act of violence for the safety of the employee while at work. The bill would omit the reinstatement and reimbursement provisions included in existing law. The bill would require an employer to inform each employee of their rights under the bill, to be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employees family member is a victim. The bill would require the department to develop and post, on or before July 1, 2025, a form, as prescribed, that an employer may use to comply with that requirement. The bill would make a number of conforming changes to implement these provisions.
Existing law, the Healthy Workplaces, Healthy Families Act of 2014, requires an employer to provide a specified employee who is a victim of domestic violence, sexual assault, or stalking with paid sick days for the above-described purposes for which existing law prohibits an employer from discharging, or in any manner discriminating or retaliating against, the employee, as specified.
This bill would expand this paid sick leave requirement to include the additional purposes for which the bill would prohibit an employer from discharging, or in any manner discriminating or retaliating against, the employee, as specified.
This bill would incorporate additional changes to Section 48205 of the Education Code proposed by AB 1884 and SB 1138 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 246.5 of the Labor Code proposed by SB 1105 to be operative only if this bill and SB 1105 are enacted and this bill is enacted last.
Existing law, subject to specified requirements for the employee, prohibits an employer from discharging or in any manner discriminating against an employee because of the employees status as a victim of crime or abuse or for taking time off for specified purposes. Those purposes include serving on a jury, and, if the employee is a victim of a crime, appearing in court as a witness in any judicial proceeding, and obtaining or attempting to obtain prescribed relief. Existing law requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations. Existing law defines terms for these purposes.
Existing law, subject to specified requirements for the employee, also prohibits an employer with 25 or more employees from discharging, or in any manner discriminating or retaliating against, an employee who is a victim, for taking time off from work to seek medical attention for injuries caused by crime or abuse, to obtain certain services as a result of the crime or abuse or related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the division. Existing law defines terms for these purposes.
Existing law requires an employer to inform each employee of the victim rights above in writing, to be provided upon hire and to other employees upon request. Existing law requires the Labor Commissioner to develop and post a form that an employer may use to comply, as prescribed.
This bill would revise and recast the jury, court, and victim time off provisions for employees as unlawful employment practices within the California Fair Employment and Housing Act and, thus, within the enforcement authority of the Civil Rights Department. The bill would refer to a qualifying act of violence, as defined, instead of crime, or crime or abuse. The bill would substantially revise existing definitions for its purposes, including defining victim as an individual against whom a qualifying act of violence is committed. The bill would prohibit an employer with 25 or more employees from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off work for any of a number of additional prescribed purposes relating to a qualifying act of violence. The bill would permit an employer to limit the total leave taken pursuant to these provisions, as specified, and require that the leave taken by an employee pursuant to these provisions run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the California Family Rights Act if the employee would have been eligible for that leave. The bill would expand the eligibility for reasonable accommodations to include an employee who is a victim or whose family member is a victim of a qualifying act of violence for the safety of the employee while at work. The bill would omit the reinstatement and reimbursement provisions included in existing law. The bill would require an employer to inform each employee of their rights under the bill, to be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employees family member is a victim. The bill would require the department to develop and post, on or before July 1, 2025, a form, as prescribed, that an employer may use to comply with that requirement. The bill would make a number of conforming changes to implement these provisions.
Existing law, the Healthy Workplaces, Healthy Families Act of 2014, requires an employer to provide a specified employee who is a victim of domestic violence, sexual assault, or stalking with paid sick days for the above-described purposes for which existing law prohibits an employer from discharging, or in any manner discriminating or retaliating against, the employee, as specified.
This bill would expand this paid sick leave requirement to include the additional purposes for which the bill would prohibit an employer from discharging, or in any manner discriminating or retaliating against, the employee, as specified.
This bill would incorporate additional changes to Section 48205 of the Education Code proposed by AB 1884 and SB 1138 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 246.5 of the Labor Code proposed by SB 1105 to be operative only if this bill and SB 1105 are enacted and this bill is enacted last.
Existing law, subject to specified requirements for the employee, prohibits an employer from discharging or in any manner discriminating against an employee because of the employees status as a victim of crime or abuse or for taking time off for specified purposes. Those purposes include serving on a jury, and, if the employee is a victim of a crime, appearing in court as a witness in any judicial proceeding, and obtaining or attempting to obtain prescribed relief. Existing law requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations. Existing law defines terms for these purposes.
Existing law, subject to specified requirements for the employee, also prohibits an employer with 25 or more employees from discharging, or in any manner discriminating or retaliating against, an employee who is a victim, for taking time off from work to seek medical attention for injuries caused by crime or abuse, to obtain certain services as a result of the crime or abuse or related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the division. Existing law defines terms for these purposes.
Existing law requires an employer to inform each employee of the victim rights above in writing, to be provided upon hire and to other employees upon request. Existing law requires the Labor Commissioner to develop and post a form that an employer may use to comply, as prescribed.
This bill would revise and recast the jury, court, and victim time off provisions for employees as unlawful employment practices within the California Fair Employment and Housing Act and, thus, within the enforcement authority of the Civil Rights Department. The bill would refer to a qualifying act of violence, as defined, instead of crime, or crime or abuse. The bill would substantially revise existing definitions for its purposes, including defining victim as an individual against whom a qualifying act of violence is committed. The bill would prohibit an employer with 25 or more employees from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off work for any of a number of additional prescribed purposes relating to a qualifying act of violence. The bill would permit an employer to limit the total leave taken pursuant to these provisions, as specified, and require that the leave taken by an employee pursuant to these provisions run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the California Family Rights Act if the employee would have been eligible for that leave. The bill would expand the eligibility for reasonable accommodations to include an employee who is a victim or whose family member is a victim of a qualifying act of violence for the safety of the employee while at work. The bill would omit the reinstatement and reimbursement provisions included in existing law. The bill would require an employer to inform each employee of their rights under the bill, to be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employees family member is a victim. The bill would require the department to develop and post, on or before July 1, 2025, a form, as prescribed, that an employer may use to comply with that requirement. The bill would make a number of conforming changes to implement these provisions.
Existing law, the Healthy Workplaces, Healthy Families Act of 2014, requires an employer to provide a specified employee who is a victim of domestic violence, sexual assault, or stalking with paid sick days for the above-described purposes for which existing law prohibits an employer from discharging, or in any manner discriminating or retaliating against, the employee, as specified.
This bill would expand this paid sick leave requirement to include the additional purposes for which the bill would prohibit an employer from discharging, or in any manner discriminating or retaliating against, the employee, as specified.
Existing law, subject to specified requirements for the employee, prohibits an employer from discharging or in any manner discriminating against an employee because of the employees status as a victim of crime or abuse or for taking time off for specified purposes. Those purposes include serving on a jury, and, if the employee is a victim of a crime, appearing in court as a witness in any judicial proceeding, and obtaining or attempting to obtain prescribed relief. Existing law requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations. Existing law defines terms for these purposes.
Existing law, subject to specified requirements for the employee, also prohibits an employer with 25 or more employees from discharging, or in any manner discriminating or retaliating against, an employee who is a victim, for taking time off from work to seek medical attention for injuries caused by crime or abuse, to obtain certain services as a result of the crime or abuse or related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the division. Existing law defines terms for these purposes.
Existing law requires an employer to inform each employee of the victim rights above in writing, to be provided upon hire and to other employees upon request. Existing law requires the Labor Commissioner to develop and post a form that an employer may use to comply, as prescribed.
This bill would revise and recast the jury, court, and victim time off provisions for employees as unlawful employment practices within the California Fair Employment and Housing Act and, thus, within the enforcement authority of the Civil Rights Department. The bill would refer to a qualifying act of violence, as defined, instead of crime, or crime or abuse. The bill would substantially revise existing definitions for its purposes, including defining victim as an individual against whom a qualifying act of violence is committed. The bill would prohibit an employer with 25 or more employees from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off work to obtain relief for the family member. for any of a number of additional prescribed purposes relating to a qualifying act of violence. The bill would permit an employer to limit the total leave taken pursuant to these provisions to 12 weeks and specify provisions, as specified, and require that the leave taken by an employee pursuant to these provisions shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the California Family Rights Act if the employee would have been eligible for that leave. The bill would expand the eligibility for reasonable accommodations to include an employee who is a victim or whose family member is a victim of a qualifying act of violence. violence for the safety of the employee while at work. The bill would omit the reinstatement and reimbursement provisions included in existing law. The bill would require an employer to inform each employee of their rights under the bill, to be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employees family member is a victim. The bill would require the department to develop and post, on or before January July 1, 2025, a form, as prescribed, that an employer may use to comply with that requirement. The bill would make a number of conforming changes to implement these provisions.
Existing law, the Healthy Workplaces, Healthy Families Act of 2014, requires an employer to provide a specified employee who is a victim of domestic violence, sexual assault, or stalking with paid sick days for the above-described purposes for which existing law prohibits an employer from discharging, or in any manner discriminating or retaliating against, the employee, as specified.
This bill would expand this paid sick leave requirement to include the additional purposes for which the bill would prohibit an employer from discharging, or in any manner discriminating or retaliating against, the employee, as specified.
Existing law, subject to specified requirements for the employee, prohibits an employer from discharging or in any manner discriminating against an employee because of the employees status as a victim of crime or abuse or for taking time off to serve for specified purposes. Those purposes include serving on a jury, an and, if the employee who is a victim of a crime for taking time off to appear crime, appearing in court as a witness in any judicial proceeding, an employee who is a victim for taking time off from work to obtain or attempt and obtaining or attempting to obtain prescribed relief, or an employee because of the employees status as a victim of crime or abuse. relief. Existing law requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations. Existing law defines terms for these purposes.
Existing law, subject to specified requirements for the employee, also prohibits an employer with 25 or more employees from discharging, or in any manner discriminating or retaliating against, an employee who is a victim, for taking time off from work to seek medical attention for injuries caused by crime or abuse, to obtain certain services as a result of the crime or abuse or related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the division. Existing law defines terms for these purposes.
Existing law requires an employer to inform each employee of the victim rights above in writing, to be provided upon hire and to other employees upon request. Existing law requires the Labor Commissioner to develop and post a form that an employer may use to comply, as prescribed.
This bill would revise and recast the jury, court, and victim time off provisions for employees as unlawful employment practices within the California Fair Employment and Housing Act and, thus, within the enforcement authority of the Civil Rights Department. The bill would remove the threshold of 25 or more employees from the provisions for victims of crime or abuse and, except as specified, apply its provisions to a person who directly employs one or more persons to perform services for a wage or salary. The bill would refer to a qualifying act of violence, as defined, instead of crime, or crime or abuse. The bill would substantially revise existing definitions for its purposes, including defining victim as an individual against whom a qualifying act of violence is committed. The bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off from work to obtain or attempt to obtain any relief. The bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim from taking time off from work for any of a number of prescribed purposes relating to a qualifying act of violence. The bill would prohibit an employer with 25 or more employees from discharging or in any manner discriminating or retaliating against an employee who has a family member who is a victim for taking time off work to obtain relief for the family member. The bill would permit an employer to limit the total leave taken pursuant to these provisions to 12 weeks and specify that the leave taken by an employee pursuant to these provisions shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the California Family Rights Act if the employee would have been eligible for that leave. The bill would expand the eligibility for reasonable accommodations to include an employee who is a victim or whose family member is a victim of a qualifying act of violence. The bill would omit the reinstatement and reimbursement provisions included in existing law. The bill would require an employer to inform each employee of their rights under the bill, to be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employees family member is a victim. The bill would require the department to develop and post, on or before January 1, 2025, a form, as prescribed, that an employer may use to comply with that requirement. The bill would make a number of conforming changes to implement these provisions.
Existing law, subject to specified requirements for the employee, 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, an employee who is a victim for taking time off from work to obtain or attempt to obtain prescribed relief, or an employee because of the employees status as a victim of crime or abuse. Existing law requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations. Existing law defines terms for these purposes.
Existing law, subject to specified requirements for the employee, also prohibits an employer with 25 or more employees from discharging, or in any manner discriminating or retaliating against, an employee who is a victim, for taking time off from work to seek medical attention for injuries caused by crime or abuse, to obtain certain services as a result of the crime or abuse or related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the division. Existing law defines terms for these purposes.
Existing law requires an employer to inform each employee of the victim rights above in writing, to be provided upon hire and to other employees upon request. Existing law requires the Labor Commissioner to develop and post a form that an employer may use to comply, as prescribed.
This bill would revise and recast the jury, court, and victim time off provisions for employees as unlawful employment practices within the California Fair Employment and Housing Act and, thus, within the enforcement authority of the Civil Rights Department. The bill would remove the threshold of 25 or more employees from the provisions for victims of crime or abuse and, except as specified, apply its provisions to a person who directly employs one or more persons to perform services for a wage or salary. The bill would refer to a qualifying act of violence, as defined, instead of crime, or crime or abuse. The bill would substantially revise existing definitions for its purposes, including defining victim as an individual against whom a qualifying act of violence is committed. The bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off from work to obtain or attempt to obtain any relief. The bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim from taking time off from work for any of a number of prescribed purposes relating to a qualifying act of violence. The bill would expand the eligibility for reasonable accommodations to include an employee who is a victim or whose family member is a victim of a qualifying act of violence. The bill would omit the reinstatement and reimbursement provisions included in existing law. The bill would require an employer to inform each employee of their rights under the bill, to be provided to new employees upon hire, to all employees annually, at any time upon request, and any time the employer becomes newly aware that an employee informs an employer that the employee or an the employees family member is a victim. The bill would require the department to develop and post, on or before January 1, 2025, a form, as prescribed, that an employer may use to comply with that requirement. The bill would make a number of conforming changes to implement these provisions.
Existing law, subject to specified requirements for the employee, 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, an employee who is a victim for taking time off from work to obtain or attempt to obtain prescribed relief, or an employee because of the employees status as a victim of crime or abuse. Existing law requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations. Existing law defines terms for these purposes.
Existing law, subject to specified requirements for the employee, also prohibits an employer with 25 or more employees from discharging, or in any manner discriminating or retaliating against, an employee who is a victim, for taking time off from work to seek medical attention for injuries caused by crime or abuse, to obtain certain services as a result of the crime or abuse or related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the division. Existing law defines terms for these purposes.
Existing law requires an employer to inform each employee of the victim rights above in writing, to be provided upon hire and to other employees upon request. Existing law requires the Labor Commissioner to develop and post a form that an employer may use to comply, as prescribed.
This bill would revise and recast the jury, court, and victim time off provisions for employees as unlawful employment practices within the California Fair Employment and Housing Act and, thus, within the enforcement authority of the Civil Rights Department. The bill would remove the threshold of 25 or more employees from the provisions for victims of crime or abuse and, except as specified, apply its provisions to a person who directly employs one or more persons to perform services for a wage or salary. The bill would refer to a qualifying act of violence, as defined, instead of crime, or crime or abuse. The bill would substantially revise existing definitions for its purposes, including defining victim as an individual against whom a qualifying act of violence is committed. The bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off from work to obtain or attempt to obtain any relief. The bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim from taking time off from work for any of a number of prescribed purposes relating to a qualifying act of violence. The bill would expand the eligibility for reasonable accommodations to include an employee who is a victim or the family member of whose family member is a victim of a qualifying act of violence. The bill would omit the reinstatement and reimbursement provisions included in existing law. The bill would require an employer to inform each employee of their rights under the bill, to be provided to new employees upon hire, to all employees annually, at any time upon request, and any time the employer becomes newly aware that an employee or an employees family member is a victim. The bill would require the department to develop and post, on or before January 1, 2025, a form, as prescribed, that an employer may use to comply with that requirement. The bill would make a number of conforming changes to implement these provisions.
Existing law, subject to specified requirements for the employee, 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, an employee who is a victim for taking time off from work to obtain or attempt to obtain prescribed relief, or an employee because of the employees status as a victim of crime or abuse. Existing law requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations. Existing law defines terms for these purposes.
Existing law, subject to specified requirements for the employee, also prohibits an employer with 25 or more employees from discharging, or in any manner discriminating or retaliating against, an employee who is a victim, for taking time off from work to seek medical attention for injuries caused by crime or abuse, to obtain certain services as a result of the crime or abuse or related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. Existing law requires reinstatement and reimbursement for discrimination or retaliation, as prescribed. Existing law makes an employers willful refusal to 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 guilty of a misdemeanor. Existing law authorizes an employee who is discriminated or retaliated against because the employee has exercised these rights to file a complaint with the division. Existing law defines terms for these purposes.
Existing law requires an employer to inform each employee of the victim rights above in writing, to be provided upon hire and to other employees upon request. Existing law requires the Labor Commissioner to develop and post a form that an employer may use to comply, as prescribed.
This bill would revise and recast the jury, court, and victim time off provisions for employees as unlawful employment practices within the California Fair Employment and Housing Act and, thus, within the enforcement authority of the Civil Rights Department. The bill would remove the threshold of 25 or more employees from the provisions for victims of crime or abuse and, except as specified, apply its provisions to a person who directly employs one or more persons to perform services for a wage or salary. The bill would refer to a qualifying act of violence, as defined, instead of crime, or crime or abuse. The bill would substantially revise existing definitions for its purposes, including defining victim as an individual against whom a qualifying act of violence is committed. The bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off from work to obtain or attempt to obtain any relief. The bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim from taking time off from work for any of a number of prescribed purposes relating to a qualifying act of violence. The bill would expand the eligibility for reasonable accommodations to include an employee who is a victim or the family member of a victim of a qualifying act of violence. The bill would omit the reinstatement and reimbursement provisions included in existing law. The bill would require an employer to inform each employee of their rights under the bill, to be provided to new employees upon hire, to all employees annually, at any time upon request, and any time the employer becomes newly aware that an employee or an employees family member is a victim. The bill would require the department to develop and post, on or before January 1, 2025, a form, as prescribed, that an employer may use to comply with that requirement. The bill would make a number of conforming changes to implement these provisions.
The jury commissioner shall provide orientation for new jurors, which shall include necessary basic information concerning jury service. The jury commissioner shall notify each juror of paragraph (1) of subdivision (a) of Section 12945.8 of the Government Code.
SEC. 2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 2.1.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 2.2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 2.3.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 3.Section 12945.8 is added to the Government Code, to read:12945.8.(a)An employer shall not do any of the following:
(1)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 the employee is required to serve.
(2)Discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.
(3)Discharge or in any manner discriminate or retaliate against an employee who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is 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 their child.
(b)An employer with 25 or more employees shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim for taking time off from work for any of the following purposes:
(1)To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim.
(2)To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
(3)To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
(4)To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
(5)To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
(6)To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
(7)To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
(8)To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
(9)To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
(10)To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
(c)(1)As a condition of taking time off for a purpose set forth in paragraph (3) of subdivision (a), or subdivision (b), the employee shall give the employer reasonable advance notice of the employees 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 upon request by the employer. Certification shall be sufficient in the form of any of the following:
(A)A police report indicating that the employee or a family member of the employee was a victim.
(B)A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court.
(C)Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.
(D)Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employees behalf, certifying that the absence is for a purpose authorized under this section.
(3)To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (e), the employer shall maintain the confidentiality of any employee requesting leave under paragraph (3) of subdivision (a), or subdivision (b). Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(d)An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employees status, or the employees family members status, as a victim if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.
(e)(1)An employer shall provide reasonable accommodations for an employee who is a victim or whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the employee while at work.
(2)For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other qualifying act of violence, or referral to a victim assistance organization.
(3)An employer is not required under this section to provide a reasonable accommodation to an employee who has not disclosed the employees status, or the employees family members status, as a victim.
(4)The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(5)In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee or their family member.
(6)This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employers business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employers duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.
(7)(A)Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employees behalf, certifying that the accommodation is for a purpose authorized under this subdivision.
(B)The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employees status, or the employees family members status, as a victim. Certification shall be sufficient in the form of any of the categories described in paragraph (2) of subdivision (c).
(C)An employer who requests certification pursuant to subparagraph (B) may request recertification of an employees status, or an employees family members status, as a victim, or ongoing circumstances related to the qualifying act of violence, every six months after the date of the previous certification.
(D)Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee or the employees family member as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employees safety in the workplace. The employee shall be given notice before any authorized disclosure. Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(E)(i)If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.
(ii)Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(F)If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.
(8)An employer shall not retaliate against an employee for requesting a reasonable accommodation under this subdivision, regardless of whether the request was granted.
(f)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
(g)An employee may use vacation, personal leave, paid sick 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) or (b). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
(h)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 12 weeks provided under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
(i)An employer may limit the total leave taken pursuant to this section as follows:
(1) An employer may limit total leave time taken pursuant to subdivision (b) to 12 weeks.
(2)If an employees family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave pursuant to paragraph (6) of subdivision (b), the employer may limit the leave taken for that reason to five days.
(3)If any employees family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employer may limit the total leave taken pursuant to subdivision (b) to 10 days.
(4)Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) and the Moore-Brown-Roberti Family Rights Act, commonly referred to as the California Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code), if the employee would have been eligible for that leave.
(j)For purposes of this section:
(1)Crime means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.
(2)Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.
(3)Employer means any of the following:
(A)Any person who directly employs one or more persons to perform services for a wage or salary.
(B)The state, and any political or civil subdivision of the state and cities.
(4)Family member means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2, or designated person. For purposes of this paragraph, designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for leave pursuant to this section.
(5)Qualifying act of violence means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
(A)Domestic violence.
(B)Sexual assault.
(C)Stalking.
(D)An act, conduct, or pattern of conduct that includes any of the following:
(i)In which an individual causes bodily injury or death to another individual.
(ii)In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
(iii)In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
(6)Sexual assault means any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
(7)Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that persons safety or the safety of others or suffer substantial emotional distress.
(8)Victim means either of the following:
(A)An individual against whom a qualifying act of violence is committed.
(B)For the purposes of paragraph (2) of subdivision (a) only, a person against whom any crime has been committed.
(9)Victim advocate means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.
(10)Victim services organization or agency means an agency or organization that has a documented record of providing services to victims.
(k)(1)An employer shall inform each employee of their rights established under this section in writing. The information shall be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employees family member is a victim. If an employer elects not to use the form developed by the department, as specified in paragraph (2), the notice provided by the employer to the employees shall be substantially similar in content and clarity to that form developed by the department.
(2)The department shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall be entitled Survivors of Violence and Family Members of Victims Right to Leave and Accommodations and shall set forth the rights and duties of employers and employees under this section in clear and concise language. The notice shall also include language that advises employees in clear and concise language that if leave taken under this section is due to an employees inability to work as a result of a serious health condition, or need to care for a family member with a serious health condition, they may also be eligible for wage replacement under the disability insurance program, the family temporary disability insurance program, or other programs administered by the Employment Development Department. The notice shall also include language that advises employees in clear and concise language that if they are a family member of a deceased victim, they may be eligible for leave under this section and also for bereavement leave under Section 12945.7. The notice shall also inform employees in clear and concise language that they may be eligible for leave pursuant to Sections 230.2 and 230.5 of the Labor Code. The department shall post the form in English, Spanish, Chinese, Vietnamese, Tagalog, Korean, Armenian, Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer, Thai, and any other language that is spoken by a substantial number of non-English-speaking people, as that phrase is defined in Section 7296.2, on the departments internet website to make it available to employers who are required to comply with this section. The department shall create the form and post it in accordance with this paragraph on or before July 1, 2025.
(3)An employer shall not be required to comply with paragraph (1) until the department posts the form on the departments internet website in accordance with paragraph (2).
SEC. 4.Section 230 of the Labor Code is repealed.SEC. 5.Section 230.1 of the Labor Code is repealed.SEC. 6.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 employees family member.
(2)For an employee who is a victim or whose family member is a victim, as defined in subdivision (j) of Section 12945.8 of the Government Code, the purposes described in paragraph (3) of subdivision (a), or subdivision (b), of Section 12945.8 of the Government Code.
(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.
(d)Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, employee shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.
SEC. 6.5.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 employees family member.
(2)For an employee who is a victim or whose family member is a victim, as defined in subdivision (j) of Section 12945.8 of the Government Code, the purposes described in paragraph (3) of subdivision (a), or subdivision (b), of Section 12945.8 of the Government Code.
(3)(A)For an employee who is an agricultural employee, as defined in Section 9110, who works outside and who is entitled to paid sick days under this article, to avoid smoke, heat, or flooding conditions created by a local or state emergency, including, but not limited to, when the employees worksite is closed due to the smoke, heat, or flooding conditions.
(B)For purposes of this paragraph, there are smoke, heat, or flood conditions created by a local or state emergency if the Governor proclaims a state of emergency pursuant to Section 8625 of the Government Code, or a local emergency is proclaimed pursuant to Section 8630 of the Government Code, due to smoke, heat, or flooding conditions that prevent agricultural employees from working.
(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.
(d)Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, employee shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.
SEC. 7.Section 679.027 of the Penal Code is amended to read:679.027.(a)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim, or the victims next of kin if the victim is deceased, of the rights they may have under applicable law relating to the victimization, including rights relating to housing, employment, compensation, and immigration relief.
(b)(1)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a Victim Protections and Resources card described in paragraph (3).
(2)The Victim Protections and Resources card may be designed as part of and included with the Marsy Rights card described by Section 679.026.
(3)By June 1, 2025, the Attorney General shall design and make available in PDF or other imaging format to every agency listed in paragraph (1) a Victim Protections and Resources card, which shall contain information in lay terms about victim rights and resources, including, but not limited to, the following:
(A)Information about the rights provided by Section 12945.8 of the Government Code.
(B)Information about the rights provided by Section 1946.7 of the Civil Code.
(C)Information about the rights provided by Section 1161.3 of the Code of Civil Procedure, including information in lay terms about which crimes and tenants are eligible and under what circumstances.
(D)Information about federal immigration relief available to certain victims of crime.
(E)Information about the program established by Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, including information about the types of expenses the program may reimburse, eligibility, and how to apply.
(F)Information about the program established by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(G)Information about eligibility for filing a restraining or protective order.
(H)Contact information for the Victims Legal Resource Center established by Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(I)A list of trauma recovery centers funded by the state pursuant to Section 13963.1 of the Government Code, with their contact information, which shall be updated annually.
(J)The availability of community-based restorative justice programs and processes available to them, including programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation.
(c)This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 202425 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section.
SEC. 8.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act, as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 9.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 4 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act, as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this section, whichever is later.
SEC. 10.(a)Section 2.1 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Assembly Bill 1884. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 48205 of the Education Code, (3) Senate Bill 1138 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1884, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Senate Bill 1138. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 48205 of the Education Code, (3) Assembly Bill 1884 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1138 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates amendments to Section 48205 of the Education Code proposed by this bill, Assembly Bill 1884, and Senate Bill 1138. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 48205 of the Education Code, and (3) this bill is enacted after Assembly Bill 1884 and Senate Bill 1138, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 11.Section 6.5 of this bill incorporates amendments to Section 246.5 of the Labor Code proposed by both this bill and Senate Bill 1105. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 246.5 of the Labor Code, and (3) this bill is enacted after Senate Bill 1105, in which case Section 6 of this bill shall not become operative.
The jury commissioner shall provide orientation for new jurors, which shall include necessary basic information concerning jury service. The jury commissioner shall notify each juror of paragraph (1) of subdivision (a) of Section 12945.8 of the Government Code.
SEC. 2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 2.1.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 2.2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 2.3.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For purposes of participating in a cultural ceremony or event.
(12)(A)For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 3.Section 12945.8 is added to the Government Code, to read:12945.8.(a)An employer shall not do any of the following:
(1)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 the employee is required to serve.
(2)Discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.
(3)Discharge or in any manner discriminate or retaliate against an employee who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is 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 their child.
(b)An employer with 25 or more employees shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim for taking time off from work for any of the following purposes:
(1)To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim.
(2)To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
(3)To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
(4)To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
(5)To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
(6)To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
(7)To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
(8)To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
(9)To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
(10)To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
(c)(1)As a condition of taking time off for a purpose set forth in paragraph (3) of subdivision (a), or subdivision (b), the employee shall give the employer reasonable advance notice of the employees 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 upon request by the employer. Certification shall be sufficient in the form of any of the following:
(A)A police report indicating that the employee or a family member of the employee was a victim.
(B)A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court.
(C)Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.
(D)Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employees behalf, certifying that the absence is for a purpose authorized under this section.
(3)To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (e), the employer shall maintain the confidentiality of any employee requesting leave under paragraph (3) of subdivision (a), or subdivision (b). Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(d)An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employees status, or the employees family members status, as a victim if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.
(e)(1)An employer shall provide reasonable accommodations for an employee who is a victim or whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the employee while at work.
(2)For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other qualifying act of violence, or referral to a victim assistance organization.
(3)An employer is not required under this section to provide a reasonable accommodation to an employee who has not disclosed the employees status, or the employees family members status, as a victim.
(4)The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(5)In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee or their family member.
(6)This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employers business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employers duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.
(7)(A)Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employees behalf, certifying that the accommodation is for a purpose authorized under this subdivision.
(B)The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employees status, or the employees family members status, as a victim. Certification shall be sufficient in the form of any of the categories described in paragraph (2) of subdivision (c).
(C)An employer who requests certification pursuant to subparagraph (B) may request recertification of an employees status, or an employees family members status, as a victim, or ongoing circumstances related to the qualifying act of violence, every six months after the date of the previous certification.
(D)Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee or the employees family member as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employees safety in the workplace. The employee shall be given notice before any authorized disclosure. Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(E)(i)If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.
(ii)Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(F)If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.
(8)An employer shall not retaliate against an employee for requesting a reasonable accommodation under this subdivision, regardless of whether the request was granted.
(f)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
(g)An employee may use vacation, personal leave, paid sick 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) or (b). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
(h)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 12 weeks provided under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
(i)An employer may limit the total leave taken pursuant to this section as follows:
(1) An employer may limit total leave time taken pursuant to subdivision (b) to 12 weeks.
(2)If an employees family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave pursuant to paragraph (6) of subdivision (b), the employer may limit the leave taken for that reason to five days.
(3)If any employees family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employer may limit the total leave taken pursuant to subdivision (b) to 10 days.
(4)Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) and the Moore-Brown-Roberti Family Rights Act, commonly referred to as the California Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code), if the employee would have been eligible for that leave.
(j)For purposes of this section:
(1)Crime means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.
(2)Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.
(3)Employer means any of the following:
(A)Any person who directly employs one or more persons to perform services for a wage or salary.
(B)The state, and any political or civil subdivision of the state and cities.
(4)Family member means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2, or designated person. For purposes of this paragraph, designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for leave pursuant to this section.
(5)Qualifying act of violence means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
(A)Domestic violence.
(B)Sexual assault.
(C)Stalking.
(D)An act, conduct, or pattern of conduct that includes any of the following:
(i)In which an individual causes bodily injury or death to another individual.
(ii)In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
(iii)In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
(6)Sexual assault means any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
(7)Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that persons safety or the safety of others or suffer substantial emotional distress.
(8)Victim means either of the following:
(A)An individual against whom a qualifying act of violence is committed.
(B)For the purposes of paragraph (2) of subdivision (a) only, a person against whom any crime has been committed.
(9)Victim advocate means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.
(10)Victim services organization or agency means an agency or organization that has a documented record of providing services to victims.
(k)(1)An employer shall inform each employee of their rights established under this section in writing. The information shall be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employees family member is a victim. If an employer elects not to use the form developed by the department, as specified in paragraph (2), the notice provided by the employer to the employees shall be substantially similar in content and clarity to that form developed by the department.
(2)The department shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall be entitled Survivors of Violence and Family Members of Victims Right to Leave and Accommodations and shall set forth the rights and duties of employers and employees under this section in clear and concise language. The notice shall also include language that advises employees in clear and concise language that if leave taken under this section is due to an employees inability to work as a result of a serious health condition, or need to care for a family member with a serious health condition, they may also be eligible for wage replacement under the disability insurance program, the family temporary disability insurance program, or other programs administered by the Employment Development Department. The notice shall also include language that advises employees in clear and concise language that if they are a family member of a deceased victim, they may be eligible for leave under this section and also for bereavement leave under Section 12945.7. The notice shall also inform employees in clear and concise language that they may be eligible for leave pursuant to Sections 230.2 and 230.5 of the Labor Code. The department shall post the form in English, Spanish, Chinese, Vietnamese, Tagalog, Korean, Armenian, Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer, Thai, and any other language that is spoken by a substantial number of non-English-speaking people, as that phrase is defined in Section 7296.2, on the departments internet website to make it available to employers who are required to comply with this section. The department shall create the form and post it in accordance with this paragraph on or before July 1, 2025.
(3)An employer shall not be required to comply with paragraph (1) until the department posts the form on the departments internet website in accordance with paragraph (2).
SEC. 4.Section 230 of the Labor Code is repealed.SEC. 5.Section 230.1 of the Labor Code is repealed.SEC. 6.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 employees family member.
(2)For an employee who is a victim or whose family member is a victim, as defined in subdivision (j) of Section 12945.8 of the Government Code, the purposes described in paragraph (3) of subdivision (a), or subdivision (b), of Section 12945.8 of the Government Code.
(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.
(d)Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, employee shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.
SEC. 6.5.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 employees family member.
(2)For an employee who is a victim or whose family member is a victim, as defined in subdivision (j) of Section 12945.8 of the Government Code, the purposes described in paragraph (3) of subdivision (a), or subdivision (b), of Section 12945.8 of the Government Code.
(3)(A)For an employee who is an agricultural employee, as defined in Section 9110, who works outside and who is entitled to paid sick days under this article, to avoid smoke, heat, or flooding conditions created by a local or state emergency, including, but not limited to, when the employees worksite is closed due to the smoke, heat, or flooding conditions.
(B)For purposes of this paragraph, there are smoke, heat, or flood conditions created by a local or state emergency if the Governor proclaims a state of emergency pursuant to Section 8625 of the Government Code, or a local emergency is proclaimed pursuant to Section 8630 of the Government Code, due to smoke, heat, or flooding conditions that prevent agricultural employees from working.
(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.
(d)Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, employee shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.
SEC. 7.Section 679.027 of the Penal Code is amended to read:679.027.(a)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim, or the victims next of kin if the victim is deceased, of the rights they may have under applicable law relating to the victimization, including rights relating to housing, employment, compensation, and immigration relief.
(b)(1)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a Victim Protections and Resources card described in paragraph (3).
(2)The Victim Protections and Resources card may be designed as part of and included with the Marsy Rights card described by Section 679.026.
(3)By June 1, 2025, the Attorney General shall design and make available in PDF or other imaging format to every agency listed in paragraph (1) a Victim Protections and Resources card, which shall contain information in lay terms about victim rights and resources, including, but not limited to, the following:
(A)Information about the rights provided by Section 12945.8 of the Government Code.
(B)Information about the rights provided by Section 1946.7 of the Civil Code.
(C)Information about the rights provided by Section 1161.3 of the Code of Civil Procedure, including information in lay terms about which crimes and tenants are eligible and under what circumstances.
(D)Information about federal immigration relief available to certain victims of crime.
(E)Information about the program established by Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, including information about the types of expenses the program may reimburse, eligibility, and how to apply.
(F)Information about the program established by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(G)Information about eligibility for filing a restraining or protective order.
(H)Contact information for the Victims Legal Resource Center established by Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(I)A list of trauma recovery centers funded by the state pursuant to Section 13963.1 of the Government Code, with their contact information, which shall be updated annually.
(J)The availability of community-based restorative justice programs and processes available to them, including programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation.
(c)This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 202425 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section.
SEC. 8.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act, as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 9.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 4 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act, as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this section, whichever is later.
SEC. 10.(a)Section 2.1 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Assembly Bill 1884. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 48205 of the Education Code, (3) Senate Bill 1138 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1884, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Senate Bill 1138. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 48205 of the Education Code, (3) Assembly Bill 1884 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1138 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates amendments to Section 48205 of the Education Code proposed by this bill, Assembly Bill 1884, and Senate Bill 1138. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 48205 of the Education Code, and (3) this bill is enacted after Assembly Bill 1884 and Senate Bill 1138, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 11.Section 6.5 of this bill incorporates amendments to Section 246.5 of the Labor Code proposed by both this bill and Senate Bill 1105. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 246.5 of the Labor Code, and (3) this bill is enacted after Senate Bill 1105, in which case Section 6 of this bill shall not become operative.
The jury commissioner shall provide orientation for new jurors, which shall include necessary basic information concerning jury service. The jury commissioner shall notify each juror of paragraph (1) of subdivision (a) of Section 12945.8 of the Government Code.
SEC. 2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 2.1.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose purposes of participating in a cultural ceremony or event.
(12)(A)For the purpose purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) subdivision (j) of Section 230.1 12945.8 of the Labor Government Code.
SEC. 2.2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose purposes of participating in a cultural ceremony or event.
(12)(A)For the purpose purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(14)(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) subdivision (j) of Section 230.1 12945.8 of the Labor Government Code.
SEC. 2.3.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose purposes of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose purposes of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose purposes of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose purposes of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose purposes of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose purposes of participating in a cultural ceremony or event.
(12)(A)For the purpose purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Due to the pupils participation in military entrance processing.
(14)(15)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) subdivision (j) of Section 230.1 12945.8 of the Labor Government Code.
SEC. 3.Section 12945.8 is added to the Government Code, to read:12945.8.(a)An employer shall not do any of the following:
(1)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 the employee is required to serve.
(2)Discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.
(3)Discharge or in any manner discriminate or retaliate against an employee who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is 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 their child.
(b)An employer with 25 or more employees shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim for taking time off from work for any of the following purposes:
(1)To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim.
(2)To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
(3)To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
(4)To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
(5)To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
(6)To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
(7)To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
(8)To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
(9)To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
(10)To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
(c)(1)As a condition of taking time off for a purpose set forth in paragraph (3) of subdivision (a), or subdivision (b), the employee shall give the employer reasonable advance notice of the employees 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 upon request by the employer. Certification shall be sufficient in the form of any of the following:
(A)A police report indicating that the employee or a family member of the employee was a victim.
(B)A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court.
(C)Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.
(D)Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employees behalf, certifying that the absence is for a purpose authorized under this section.
(3)To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (e), the employer shall maintain the confidentiality of any employee requesting leave under paragraph (3) of subdivision (a), or subdivision (b). Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(d)An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employees status, or the employees family members status, as a victim if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.
(e)(1)An employer shall provide reasonable accommodations for an employee who is a victim or whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the employee while at work.
(2)For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other qualifying act of violence, or referral to a victim assistance organization.
(3)An employer is not required under this section to provide a reasonable accommodation to an employee who has not disclosed the employees status, or the employees family members status, as a victim.
(4)The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(5)In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee or their family member.
(6)This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employers business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employers duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.
(7)(A)Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employees behalf, certifying that the accommodation is for a purpose authorized under this subdivision.
(B)The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employees status, or the employees family members status, as a victim. Certification shall be sufficient in the form of any of the categories described in paragraph (2) of subdivision (c).
(C)An employer who requests certification pursuant to subparagraph (B) may request recertification of an employees status, or an employees family members status, as a victim, or ongoing circumstances related to the qualifying act of violence, every six months after the date of the previous certification.
(D)Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee or the employees family member as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employees safety in the workplace. The employee shall be given notice before any authorized disclosure. Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(E)(i)If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.
(ii)Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(F)If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.
(8)An employer shall not retaliate against an employee for requesting a reasonable accommodation under this subdivision, regardless of whether the request was granted.
(f)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
(g)An employee may use vacation, personal leave, paid sick 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) or (b). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
(h)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 12 weeks provided under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
(i)An employer may limit the total leave taken pursuant to this section as follows:
(1) An employer may limit total leave time taken pursuant to subdivision (b) to 12 weeks.
(2)If an employees family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave pursuant to paragraph (6) of subdivision (b), the employer may limit the leave taken for that reason to five days.
(3)If any employees family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employer may limit the total leave taken pursuant to subdivision (b) to 10 days.
(4)Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) and the Moore-Brown-Roberti Family Rights Act, commonly referred to as the California Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code), if the employee would have been eligible for that leave.
(j)For purposes of this section:
(1)Crime means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.
(2)Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.
(3)Employer means any of the following:
(A)Any person who directly employs one or more persons to perform services for a wage or salary.
(B)The state, and any political or civil subdivision of the state and cities.
(4)Family member means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2, or designated person. For purposes of this paragraph, designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for leave pursuant to this section.
(5)Qualifying act of violence means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
(A)Domestic violence.
(B)Sexual assault.
(C)Stalking.
(D)An act, conduct, or pattern of conduct that includes any of the following:
(i)In which an individual causes bodily injury or death to another individual.
(ii)In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
(iii)In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
(6)Sexual assault means any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
(7)Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that persons safety or the safety of others or suffer substantial emotional distress.
(8)Victim means either of the following:
(A)An individual against whom a qualifying act of violence is committed.
(B)For the purposes of paragraph (2) of subdivision (a) only, a person against whom any crime has been committed.
(9)Victim advocate means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.
(10)Victim services organization or agency means an agency or organization that has a documented record of providing services to victims.
(k)(1)An employer shall inform each employee of their rights established under this section in writing. The information shall be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employees family member is a victim. If an employer elects not to use the form developed by the department, as specified in paragraph (2), the notice provided by the employer to the employees shall be substantially similar in content and clarity to that form developed by the department.
(2)The department shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall be entitled Survivors of Violence and Family Members of Victims Right to Leave and Accommodations and shall set forth the rights and duties of employers and employees under this section in clear and concise language. The notice shall also include language that advises employees in clear and concise language that if leave taken under this section is due to an employees inability to work as a result of a serious health condition, or need to care for a family member with a serious health condition, they may also be eligible for wage replacement under the disability insurance program, the family temporary disability insurance program, or other programs administered by the Employment Development Department. The notice shall also include language that advises employees in clear and concise language that if they are a family member of a deceased victim, they may be eligible for leave under this section and also for bereavement leave under Section 12945.7. The notice shall also inform employees in clear and concise language that they may be eligible for leave pursuant to Sections 230.2 and 230.5 of the Labor Code. The department shall post the form in English, Spanish, Chinese, Vietnamese, Tagalog, Korean, Armenian, Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer, Thai, and any other language that is spoken by a substantial number of non-English-speaking people, as that phrase is defined in Section 7296.2, on the departments internet website to make it available to employers who are required to comply with this section. The department shall create the form and post it in accordance with this paragraph on or before July 1, 2025.
(3)An employer shall not be required to comply with paragraph (1) until the department posts the form on the departments internet website in accordance with paragraph (2).
SEC. 4.Section 230 of the Labor Code is repealed.SEC. 5.Section 230.1 of the Labor Code is repealed.SEC. 6.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 employees family member.
(2)For an employee who is a victim or whose family member is a victim, as defined in subdivision (j) of Section 12945.8 of the Government Code, the purposes described in paragraph (3) of subdivision (a), or subdivision (b), of Section 12945.8 of the Government Code.
(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.
(d)Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, employee shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.
SEC. 6.5.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 employees family member.
(2)For an employee who is a victim of domestic violence, sexual assault, or stalking, or whose family member is a victim, as defined in subdivision (j) of Section 12945.8 of the Government Code, the purposes described in subdivision (c) of Section 230 and subdivision (a) of Section 230.1. paragraph (3) of subdivision (a), or subdivision (b), of Section 12945.8 of the Government Code.
(3)(A)For an employee who is an agricultural employee, as defined in Section 9110, who works outside and who is entitled to paid sick days under this article, to avoid smoke, heat, or flooding conditions created by a local or state emergency, including, but not limited to, when the employees worksite is closed due to the smoke, heat, or flooding conditions.
(B)For purposes of this paragraph, there are smoke, heat, or flood conditions created by a local or state emergency if the Governor proclaims a state of emergency pursuant to Section 8625 of the Government Code, or a local emergency is proclaimed pursuant to Section 8630 of the Government Code, due to smoke, heat, or flooding conditions that prevent agricultural employees from working.
(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.
(d)Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, employee shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.
SEC. 7.Section 679.027 of the Penal Code is amended to read:679.027.(a)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim, or the victims next of kin if the victim is deceased, of the rights they may have under applicable law relating to the victimization, including rights relating to housing, employment, compensation, and immigration relief.
(b)(1)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a Victim Protections and Resources card described in paragraph (3).
(2)The Victim Protections and Resources card may be designed as part of and included with the Marsy Rights card described by Section 679.026.
(3)By June 1, 2025, the Attorney General shall design and make available in PDF or other imaging format to every agency listed in paragraph (1) a Victim Protections and Resources card, which shall contain information in lay terms about victim rights and resources, including, but not limited to, the following:
(A)Information about the rights provided by Section 12945.8 of the Government Code.
(B)Information about the rights provided by Section 1946.7 of the Civil Code.
(C)Information about the rights provided by Section 1161.3 of the Code of Civil Procedure, including information in lay terms about which crimes and tenants are eligible and under what circumstances.
(D)Information about federal immigration relief available to certain victims of crime.
(E)Information about the program established by Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, including information about the types of expenses the program may reimburse, eligibility, and how to apply.
(F)Information about the program established by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(G)Information about eligibility for filing a restraining or protective order.
(H)Contact information for the Victims Legal Resource Center established by Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(I)A list of trauma recovery centers funded by the state pursuant to Section 13963.1 of the Government Code, with their contact information, which shall be updated annually.
(J)The availability of community-based restorative justice programs and processes available to them, including programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation.
(c)This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 202425 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section.
SEC. 8.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act, as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 9.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 4 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act, as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this section, whichever is later.
SEC. 10.(a)Section 2.1 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Assembly Bill 1884. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 48205 of the Education Code, (3) Senate Bill 1138 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1884, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Senate Bill 1138. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 48205 of the Education Code, (3) Assembly Bill 1884 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1138 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates amendments to Section 48205 of the Education Code proposed by this bill, Assembly Bill 1884, and Senate Bill 1138. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 48205 of the Education Code, and (3) this bill is enacted after Assembly Bill 1884 and Senate Bill 1138, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 11.Section 6.5 of this bill incorporates amendments to Section 246.5 of the Labor Code proposed by both this bill and Senate Bill 1105. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 246.5 of the Labor Code, and (3) this bill is enacted after Senate Bill 1105, in which case Section 6 of this bill shall not become operative.
The jury commissioner shall provide orientation for new jurors, which shall include necessary basic information concerning jury service. The jury commissioner shall notify each juror of paragraph (1) of subdivision (a) of Section 12945.8 of the Government Code.
SEC. 2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.
SEC. 3.Section 12945.8 is added to the Government Code, to read:12945.8.(a)An employer shall not do any of the following:
(1)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 the employee is required to serve.
(2)Discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.
(3)Discharge or in any manner discriminate or retaliate against an employee who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is 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 their child.
(b)An employer with 25 or more employees shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim for taking time off from work for any of the following purposes:
(1)To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim.
(2)To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
(3)To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
(4)To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
(5)To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
(6)To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
(7)To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
(8)To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
(9)To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
(10)To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
(c)(1)As a condition of taking time off for a purpose set forth in paragraph (3) of subdivision (a), or subdivision (b), the employee shall give the employer reasonable advance notice of the employees 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 upon request by the employer. Certification shall be sufficient in the form of any of the following:
(A)A police report indicating that the employee or a family member of the employee was a victim.
(B)A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court.
(C)Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.
(D)Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employees behalf, certifying that the absence is for a purpose authorized under this section.
(3)To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (e), the employer shall maintain the confidentiality of any employee requesting leave under paragraph (3) of subdivision (a), or subdivision (b). Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(d)An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employees status, or the employees family members status, as a victim if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.
(e)(1)An employer shall provide reasonable accommodations for an employee who is a victim or whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the employee while at work.
(2)For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other qualifying act of violence, or referral to a victim assistance organization.
(3)An employer is not required under this section to provide a reasonable accommodation to an employee who has not disclosed the employees status, or the employees family members status, as a victim.
(4)The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(5)In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee or their family member.
(6)This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employers business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employers duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.
(7)(A)Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employees behalf, certifying that the accommodation is for a purpose authorized under this subdivision.
(B)The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employees status, or the employees family members status, as a victim. Certification shall be sufficient in the form of any of the categories described in paragraph (2) of subdivision (c).
(C)An employer who requests certification pursuant to subparagraph (B) may request recertification of an employees status, or an employees family members status, as a victim, or ongoing circumstances related to the qualifying act of violence, every six months after the date of the previous certification.
(D)Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee or the employees family member as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employees safety in the workplace. The employee shall be given notice before any authorized disclosure. Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(E)(i)If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.
(ii)Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(F)If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.
(8)An employer shall not retaliate against an employee for requesting a reasonable accommodation under this subdivision, regardless of whether the request was granted.
(f)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
(g)An employee may use vacation, personal leave, paid sick 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) or (b). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
(h)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 12 weeks provided under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
(i)An employer may limit the total leave taken pursuant to this section as follows:
(1) An employer may limit total leave time taken pursuant to subdivision (b) to 12 weeks.
(2)If an employees family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave pursuant to paragraph (6) of subdivision (b), the employer may limit the leave taken for that reason to 5 five days.
(3)If any employees family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employer may limit the total leave taken pursuant to subdivision (b) to 10 days.
(4)Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) and the Moore-Brown-Roberti Family Rights Act, commonly referred to as the California Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code), if the employee would have been eligible for that leave.
(j)For purposes of this section:
(1)Crime means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.
(2)Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.
(3)Employer means any of the following:
(A)Any person who directly employs one or more persons to perform services for a wage or salary.
(B)The state, and any political or civil subdivision of the state and cities.
(4)Family member means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2, or designated person. For purposes of this paragraph, designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for leave pursuant to this section.
(5)Qualifying act of violence means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
(A)Domestic violence.
(B)Sexual assault.
(C)Stalking.
(D)An act, conduct, or pattern of conduct that includes any of the following:
(i)In which an individual causes bodily injury or death to another individual.
(ii)In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
(iii)In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
(6)Sexual assault means any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
(7)Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that persons safety or the safety of others or suffer substantial emotional distress.
(8)Victim means either of the following:
(A)An individual against whom a qualifying act of violence is committed.
(B)For the purposes of paragraph (2) of subdivision (a) only, a person against whom any crime has been committed.
(9)Victim advocate means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.
(10)Victim services organization or agency means an agency or organization that has a documented record of providing services to victims.
(k)(1)An employer shall inform each employee of their rights established under this section in writing. The information shall be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employees family member is a victim. If an employer elects not to use the form developed by the department, as specified in paragraph (2), the notice provided by the employer to the employees shall be substantially similar in content and clarity to that form developed by the department.
(2)The department shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall be entitled Survivors of Violence and Family Members of Victims Right to Leave and Accommodations and shall set forth the rights and duties of employers and employees under this section in clear and concise language. The notice shall also include language that advises employees in clear and concise language that if leave taken under this section is due to an employees inability to work as a result of a serious health condition, or need to care for a family member with a serious health condition, they may also be eligible for wage replacement under the disability insurance program, the family temporary disability insurance program, or other programs administered by the Employment Development Department. The notice shall also include language that advises employees in clear and concise language that if they are a family member of a deceased victim, they may be eligible for leave under this section and also for bereavement leave under Section 12945.7. The notice shall also inform employees in clear and concise language that they may be eligible for leave pursuant to Sections 230.2 and 230.5 of the Labor Code. The department shall post the form in English, Spanish, Chinese, Vietnamese, Tagalog, Korean, Armenian, Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer, Thai, and any other language that is spoken by a substantial number of non-English-speaking people, as that phrase is defined in Section 7296.2, on the departments internet website to make it available to employers who are required to comply with this section. If an employer elects not to use the form developed by the department, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the department. The department shall create the form and post it in accordance with this paragraph on or before July 1, 2025.
(3)An employer shall not be required to comply with paragraph (1) until the department posts the form on the departments internet website in accordance with paragraph (2).
SEC. 4.Section 230 of the Labor Code is repealed.SEC. 5.Section 230.1 of the Labor Code is repealed.SEC. 6.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 employees family member.
(2)For an employee who is a victim or whose family member is a victim, as defined in subdivision (j) of Section 12945.8 of the Government Code, the purposes described in paragraph (3) of subdivision (a), or subdivision (b), of Section 12945.8 of the Government Code.
(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.
(d)Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, employee shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.
SEC. 7.Section 679.027 of the Penal Code is amended to read:679.027.(a)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim, or the victims next of kin if the victim is deceased, of the rights they may have under applicable law relating to the victimization, including rights relating to housing, employment, compensation, and immigration relief.
(b)(1)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a Victim Protections and Resources card described in paragraph (3).
(2)The Victim Protections and Resources card may be designed as part of and included with the Marsy Rights card described by Section 679.026.
(3)By June 1, 2025, the Attorney General shall design and make available in PDF or other imaging format to every agency listed in paragraph (1) a Victim Protections and Resources card, which shall contain information in lay terms about victim rights and resources, including, but not limited to, the following:
(A)Information about the rights provided by Section 12945.8 of the Government Code.
(B)Information about the rights provided by Section 1946.7 of the Civil Code.
(C)Information about the rights provided by Section 1161.3 of the Code of Civil Procedure, including information in lay terms about which crimes and tenants are eligible and under what circumstances.
(D)Information about federal immigration relief available to certain victims of crime.
(E)Information about the program established by Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, including information about the types of expenses the program may reimburse, eligibility, and how to apply.
(F)Information about the program established by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(G)Information about eligibility for filing a restraining or protective order.
(H)Contact information for the Victims Legal Resource Center established by Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(I)A list of trauma recovery centers funded by the state pursuant to Section 13963.1 of the Government Code, with their contact information, which shall be updated annually.
(J)The availability of community-based restorative justice programs and processes available to them, including programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation.
(c)This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 202425 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section.
SEC. 8.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act, as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 9.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 4 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act Act, as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this section, whichever is later.
The jury commissioner shall provide orientation for new jurors, which shall include necessary basic information concerning jury service. The jury commissioner shall notify each juror of paragraph (1) of subdivision (a) of Section 12945.8 of the Government Code.
SEC. 2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (k) (j) of Section 12945.8 of the Government Code.
SEC. 3.Section 12945.8 is added to the Government Code, to read:12945.8.(a)An employer shall not do any of the following:
(1)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 the employee is required to serve.
(2)Discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.
(3)Discharge or in any manner discriminate or retaliate against an employee who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is 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 their child.
(b)An employer with 25 or more employees shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim for taking time off from work for any of the following purposes:
(1)To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim.
(2)To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
(3)To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
(4)To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
(5)To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
(6)To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
(7)To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
(8)To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
(9)To seek, obtain, or assist a family member to seek or obtain financial services, enroll to receive benefits, or meet with a financial professional to address financial issues caused by or aggravated by the qualifying act of violence. (10)(9)To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
(11)(10)To seek, obtain, or provide childcare or care to a care-dependent adult necessary if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
(12)To make modifications, or make arrangements to have modifications made, to a home, vehicle, or technological device necessary for usability and accessibility due to an injury caused by the qualifying act of violence.(c)(1)As a condition of taking time off for a purpose set forth in paragraph (3) of subdivision (a), or subdivision (b), the employee shall give the employer reasonable advance notice of the employees 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 upon request by the employer. Certification shall be sufficient in the form of any of the following:
(A)A police report indicating that the employee or a family member of the employee was a victim.
(B)A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court.
(C)Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.
(D)Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employees behalf, certifying that the absence is for a purpose authorized under this section.
(3)To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (e), the employer shall maintain the confidentiality of any employee requesting leave under paragraph (3) of subdivision (a), or subdivision (b). Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(d)An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employees status, or the employees family members status, as a victim if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.
(e)(1)An employer shall provide reasonable accommodations for an employee who is a victim or whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the victim employee while at work.
(2)For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other qualifying act of violence, or referral to a victim assistance organization.
(3)An employer is not required under this section to provide a reasonable accommodation to an employee who has not disclosed the employees status, or the employees family members status, as a victim.
(4)The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(5)In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee or their family member.
(6)This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employers business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employers duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.
(7)(A)Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employees behalf, certifying that the accommodation is for a purpose authorized under this subdivision.
(B)The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employees status, or the employees family members status, as a victim. Certification shall be sufficient in the form of any of the categories described in paragraph (3) (2) of subdivision (c).
(C)An employer who requests certification pursuant to subparagraph (B) may request recertification of an employees status, or an employees family members status, as a victim, or ongoing circumstances related to the qualifying act of violence, every six months after the date of the previous certification.
(D)Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee or the employees family member as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employees safety in the workplace. The employee shall be given notice before any authorized disclosure. Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(E)(i)If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.
(ii)Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(F)If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.
(8)An employer shall not retaliate against an employee for requesting a reasonable accommodation under this subdivision, regardless of whether the request was granted.
(f)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
(g)An employee may use vacation, personal leave, paid sick 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), (c), or (d). (a) or (b). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
(h)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 12 weeks provided under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
(i)An employer may limit the total leave taken pursuant to this section to as follows:
(1) An employer may limit total leave time taken pursuant to subdivision (b) to 12 weeks. Leave
(2)If an employees family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave pursuant to paragraph (6) of subdivision (b), the employer may limit the leave taken for that reason to 5 days.
(3)If any employees family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employer may limit the total leave taken pursuant to subdivision (b) to 10 days.
(4)Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) and the Moore-Brown-Roberti Family Rights Act, commonly referred to as the California Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code), if the employee would have been eligible for that leave.
(j)For purposes of this section:
(1)Crime means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.
(2)Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.
(3)Employer means any of the following:
(A)Any person who directly employs one or more persons to perform services for a wage or salary.
(B)The state, and any political or civil subdivision of the state and cities.
(4)Family member means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2, or designated person. For purposes of this subparagraph, paragraph, designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for leave pursuant to this section.
(5)Qualifying act of violence means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
(A)Domestic violence.
(B)Sexual assault.
(C)Stalking.
(D)An act, conduct, or pattern of conduct, including conduct that includes any of the following:
(i)In which an individual causes bodily injury or death to another individual.
(ii)In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
(iii)In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
(6)Sexual assault means any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
(7)Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that persons safety or the safety of others or suffer substantial emotional distress.
(8)Victim means either of the following:
(A)An individual against whom a qualifying act of violence is committed.
(B)For the purposes of subdivision (b) paragraph (2) of subdivision (a) only, a person against whom any crime has been committed.
(9)Victim advocate means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.
(10)Victim services organization or agency means an agency or organization that has a documented record of providing services to victims.
(k)(1)An employer shall inform each employee of their rights established under this section in writing. The information shall be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employees family member is a victim.
(2)The department shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall be entitled Survivors of Violence and Family Members of Victims Right to Leave and Accommodations and shall set forth the rights and duties of employers and employees under this section in clear and concise language. The notice shall also include language that advises employees in clear and concise language that if leave taken under this section is due to an employees inability to work as a result of a serious health condition, or need to care for a family member with a serious health condition, they may also be eligible for wage replacement under the disability insurance program, the family temporary disability insurance program, or other programs administered by the Employment Development Department. The notice shall also include language that advises employees in clear and concise language that if they are a family member of a deceased victim, they may be eligible for leave under this section and also for bereavement leave under Section 12945.7. The department shall post the form in English, Spanish, Chinese, Vietnamese, Tagalog, Korean, Armenian, Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer, Thai, and any other language that is spoken by a substantial number of non-English-speaking people, as that phrase is defined in Section 7296.2, on the departments internet website to make it available to employers who are required to comply with this section. If an employer elects not to use the form developed by the department, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the department. The department shall create the form and post it in accordance with this paragraph on or before January July 1, 2025.
(3)An employer shall not be required to comply with paragraph (1) until the department posts the form on the departments internet website in accordance with paragraph (2).
SEC. 4.Section 230 of the Labor Code is repealed.SEC. 5.Section 230.1 of the Labor Code is repealed.SEC. 6.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 employees family member.
(2)For an employee who is a victim or whose family member is a victim, as defined in subdivision (k) (j) of Section 12945.8 of the Government Code, the purposes described in subdivisions (c) and (d) paragraph (3) of subdivision (a), or subdivision (b), of Section 12945.8 of the Government Code.
(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.
(d)Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, employee shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.
SEC. 7.Section 679.027 of the Penal Code is amended to read:679.027.(a)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim, or the victims next of kin if the victim is deceased, of the rights they may have under applicable law relating to the victimization, including rights relating to housing, employment, compensation, and immigration relief.
(b)(1)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a Victim Protections and Resources card described in paragraph (3).
(2)The Victim Protections and Resources card may be designed as part of and included with the Marsy Rights card described by Section 679.026.
(3)By June 1, 2025, the Attorney General shall design and make available in PDF or other imaging format to every agency listed in paragraph (1) a Victim Protections and Resources card, which shall contain information in lay terms about victim rights and resources, including, but not limited to, the following:
(A)Information about the rights provided by Section 12945.8 of the Government Code.
(B)Information about the rights provided by Section 1946.7 of the Civil Code.
(C)Information about the rights provided by Section 1161.3 of the Code of Civil Procedure, including information in lay terms about which crimes and tenants are eligible and under what circumstances.
(D)Information about federal immigration relief available to certain victims of crime.
(E)Information about the program established by Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, including information about the types of expenses the program may reimburse, eligibility, and how to apply.
(F)Information about the program established by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(G)Information about eligibility for filing a restraining or protective order.
(H)Contact information for the Victims Legal Resource Center established by Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(I)A list of trauma recovery centers funded by the state pursuant to Section 13963.1 of the Government Code, with their contact information, which shall be updated annually.
(J)The availability of community-based restorative justice programs and processes available to them, including programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation.
(c)This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 202425 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section.
SEC. 8.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act, as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 9.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 4 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this section, whichever is later.
The jury commissioner shall provide orientation for new jurors, which shall include necessary basic information concerning jury service. The jury commissioner shall notify each juror of subdivision (a) of Section 12945.8 of the Government Code.
SEC. 2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (k) of Section 12945.8 of the Government Code.
SEC. 3.Section 12945.8 is added to the Government Code, to read:12945.8.(a)An employer shall not discharge do any of the following:(1)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 the employee is required to serve.
(b)An employer shall not discharge(2)Discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim, 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)An employer shall not discharge(3)Discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is 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 a family member of the victim. their child.
(d)(b)An employer with 25 or more employees shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim from for taking time off from work for any of the following purposes:
(1)To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim.
(1)(2)To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
(2)(3)To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
(3)(4)To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
(4)(5)To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
(5)(6)To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
(6)(7)To provide care to an immediate a family member who is recovering from injuries caused by a qualifying act of violence.
(7)(8)To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
(8)(9)To seek, obtain, or assist a family member to seek or obtain financial services, enroll to receive benefits, or meet with a financial professional to address financial issues caused by or aggravated by the qualifying act of violence.
(9)(10)To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
(10)(11)To seek, obtain, or provide childcare or care to a care-dependent adult necessary as a result of the qualifying act of violence.
(11)(12)To make modifications, or make arrangements to have modifications made, to a home, vehicle, or technological device necessary for usability and accessibility due to an injury caused by the qualifying act of violence.
(e)(c)(1)As a condition of taking time off for a purpose set forth in subdivision (c) or (d), paragraph (3) of subdivision (a), or subdivision (b), the employee shall give the employer reasonable advance notice of the employees 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 upon request by the employer. Certification shall be sufficient in the form of any of the following:
(A)A police report indicating that the employee or a family member of the employee was a victim.
(B)A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court.
(C)Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.
(D)Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employees behalf, certifying that the absence is for a purpose authorized under this section.
(3)To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (g), (e), the employer shall maintain the confidentiality of any employee requesting leave under subdivision (c) or (d). paragraph (3) of subdivision (a), or subdivision (b). Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(f)(d)An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employees status, or the employees family members status, as a victim if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.
(g)(e)(1)An employer shall provide reasonable accommodations for an employee who is a victim or whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the victim while at work.
(2)For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other qualifying act of violence, or referral to a victim assistance organization.
(3)An employer is not required under this section to provide a reasonable accommodation to an employee who has not disclosed the employees status, or the employees family members status, as a victim.
(4)The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(5)In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee or their family member.
(6)This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employers business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employers duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.
(7)(A)Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employees behalf, certifying that the accommodation is for a purpose authorized under this subdivision.
(B)The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employees status, or the employees family members status, as a victim. Certification shall be sufficient in the form of any of the categories described in paragraph (3) of subdivision (e). (c).
(C)An employer who requests certification pursuant to subparagraph (B) may request recertification of an employees status, or an employees family members status, as a victim, or ongoing circumstances related to the qualifying act of violence, every six months after the date of the previous certification.
(D)Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee or the employees family member as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employees safety in the workplace. The employee shall be given notice before any authorized disclosure. Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(E)(i)If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.
(ii)Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(F)If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.
(8)An employer shall not retaliate against an employee for requesting a reasonable accommodation under this subdivision, regardless of whether the request was granted.
(h)(f)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
(i)(g)An employee may use vacation, personal leave, paid sick 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), (c), or (d). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
(j)(h)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 12 weeks provided under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
(i)An employer may limit the total leave taken pursuant to this section to 12 weeks. Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) and the Moore-Brown-Roberti Family Rights Act, commonly referred to as the California Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code), if the employee would have been eligible for that leave.
(k)(j)For purposes of this section:
(1)Crime means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.
(2)Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.
(3)Employer means any of the following:
(A)Any person who directly employs one or more persons to perform services for a wage or salary.
(B)The state, and any political or civil subdivision of the state and cities.
(C)For purposes of subdivision (d) only, employer means any person who directly employs five or more persons to perform services for a wage or salary.(4)Family member means a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person, as defined in Section 12945.2. person. For purposes of this subparagraph, designated person means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for leave pursuant to this section.
(5)Qualifying act of violence means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
(A)Domestic violence.
(B)Sexual assault.
(C)Stalking.
(D)An act, conduct, or pattern of conduct, including any of the following:
(i)In which an individual causes bodily injury or death to another individual.
(ii)In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
(iii)In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
(6)Sexual assault means any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
(7)Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that persons safety or the safety of others or suffer substantial emotional distress.
(8)Victim means either of the following:
(A)An individual against whom a qualifying act of violence is committed.
(B)For the purposes of subdivision (b) only, a person against whom any crime has been committed.
(9)Victim advocate means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.
(10)Victim services organization or agency means an agency or organization that has a documented record of providing services to victims.
(l)(k)(1)An employer shall inform each employee of their rights established under this section in writing. The information shall be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employees family member is a victim.
(2)The department shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall be entitled Survivors of Violence and Family Members of Victims Right to Leave and Accommodations and shall set forth the rights and duties of employers and employees under this section in clear and concise language. The notice shall also include language that advises employees in clear and concise language that if leave taken under this section is due to an employees inability to work as a result of a serious health condition, or need to care for a family member with a serious health condition, they may also be eligible for wage replacement under the disability insurance program, the family temporary disability insurance program, or other programs administered by the Employment Development Department. The notice shall also include language that advises employees in clear and concise language that if they are a family member of a deceased victim, they may be eligible for leave under this section and also for bereavement leave under Section 12945.7. The department shall post the form in English, Spanish, Chinese, Vietnamese, Tagalog, Korean, Armenian, Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer, Thai, and any other language that is spoken by a substantial number of non-English-speaking people, as that phrase is defined in Section 7296.2, on the departments internet website to make it available to employers who are required to comply with this section. If an employer elects not to use the form developed by the department, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the department. The department shall create the form and post it in accordance with this paragraph on or before January 1, 2025.
(3)An employer shall not be required to comply with paragraph (1) until the department posts the form on the departments internet website in accordance with paragraph (2).
SEC. 4.Section 230 of the Labor Code is repealed.SEC. 5.Section 230.1 of the Labor Code is repealed.SEC. 6.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 employees family member.
(2)For an employee who is a victim or whose family member is a victim, as defined in subdivision (k) of Section 12945.8 of the Government Code, the purposes described in subdivisions (c) and (d) of Section 12945.8 of the Government Code.
(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.
(d)Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, employee shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.
SEC. 7.Section 679.027 of the Penal Code is amended to read:679.027.(a)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim, or the victims next of kin if the victim is deceased, of the rights they may have under applicable law relating to the victimization, including rights relating to housing, employment, compensation, and immigration relief.
(b)(1) Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a Victim Protections and Resources card described in paragraph (3).
(2)The Victim Protections and Resources card may be designed as part of and included with the Marsy Rights card described by Section 679.026.
(3)By June 1, 2025, the Attorney General shall design and make available in PDF or other imaging format to every agency listed in paragraph (1) a Victim Protections and Resources card, which shall contain information in lay terms about victim rights and resources, including, but not limited to, the following:
(A)Information about the rights provided by Section 12945.8 of the Government Code.
(B)Information about the rights provided by Section 1946.7 of the Civil Code.
(C)Information about the rights provided by Section 1161.3 of the Code of Civil Procedure, including information in lay terms about which crimes and tenants are eligible and under what circumstances.
(D)Information about federal immigration relief available to certain victims of crime.
(E)Information about the program established by Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, including information about the types of expenses the program may reimburse, eligibility, and how to apply.
(F)Information about the program established by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(G)Information about eligibility for filing a restraining or protective order.
(H)Contact information for the Victims Legal Resource Center established by Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(I)A list of trauma recovery centers funded by the state pursuant to Section 13963.1 of the Government Code, with their contact information, which shall be updated annually.
(J)The availability of community-based restorative justice programs and processes available to them, including programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation.
(c)This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 202425 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section.
SEC. 8.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act, as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 9.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 4 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this section, whichever is later.
The jury commissioner shall provide orientation for new jurors, which shall include necessary basic information concerning jury service. The jury commissioner shall notify each juror of subdivision (a) of Section 12945.8 of the Government Code.
SEC. 2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (k) of Section 12945.8 of the Government Code.
SEC. 3.Section 12945.8 is added to the Government Code, to read:12945.8.(a)An employer shall 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 the employee is required to serve.
(b)An employer shall not discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim, 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)An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is 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 a family member of the victim.
(d)An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim from taking time off from work for any of the following purposes:
(1)To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
(2)To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
(3)To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
(4)To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
(5)To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
(6)To provide care to an immediate family member who is recovering from injuries caused by a qualifying act of violence.
(7)To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
(8)To seek, obtain, or assist a family member to seek or obtain financial services, enroll to receive benefits, or meet with a financial professional to address financial issues caused by or aggravated by the qualifying act of violence.
(9)To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
(10)To seek, obtain, or provide childcare or care to a care-dependent adult necessary as a result of the qualifying act of violence.
(11)To make modifications, or make arrangements to have modifications made, to a home, vehicle, or technological device necessary for usability and accessibility due to an injury caused by the qualifying act of violence.
(e)(1)As a condition of taking time off for a purpose set forth in subdivision (c) or (d), the employee shall give the employer reasonable advance notice of the employees 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 upon request by the employer. Certification shall be sufficient in the form of any of the following:
(A)A police report indicating that the employee or a family member of the employee was a victim.
(B)A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court.
(C)Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.
(D)Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employees behalf, certifying that the absence is for a purpose authorized under this section.
(3)To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (g), the employer shall maintain the confidentiality of any employee requesting leave under subdivision (c) or (d). Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(f)An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employees status, or the employees family members status, as a victim if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.
(g)(1)An employer shall provide reasonable accommodations for an employee who is a victim or whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the victim while at work.
(2)For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other qualifying act of violence, or referral to a victim assistance organization.
(3)An employer is not required under this section to provide a reasonable accommodation to an employee who has not disclosed the employees status, or the employees family members status, as a victim.
(4)The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(5)In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee or their family member.
(6)This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employers business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employers duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.
(7)(A)Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employees behalf, certifying that the accommodation is for a purpose authorized under this subdivision.
(B)The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employees status, or the employees family members status, as a victim. Certification shall be sufficient in the form of any of the categories described in paragraph (3) of subdivision (e).
(C)An employer who requests certification pursuant to subparagraph (B) may request recertification of an employees status, or an employees family members status, as a victim, or ongoing circumstances related to the qualifying act of violence, every six months after the date of the previous certification.
(D)Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee or the employees family member as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employees safety in the workplace. The employee shall be given notice before any authorized disclosure. Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(E)(i)If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.
(ii)Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(F)If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.
(8)An employer shall not retaliate against an employee for requesting a reasonable accommodation under this subdivision, regardless of whether the request was granted.
(h)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
(i)An employee may use vacation, personal leave, paid sick 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), (c), or (d). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
(j)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 12 weeks provided under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
(k)For purposes of this section:
(1)Crime means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.
(2)Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.
(3)Employer means any of the following:
(A)Any person who directly employs one or more persons to perform services for a wage or salary.
(B)The state, and any political or civil subdivision of the state and cities.
(C)For purposes of subdivision (d) only, employer means any person who directly employs five or more persons to perform services for a wage or salary.
(4)Family member means a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person, as defined in Section 12945.2.
(5)Qualifying act of violence means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
(A)Domestic violence.
(B)Sexual assault.
(C)Stalking.
(D)An act, conduct, or pattern of conduct, including any of the following:
(i)In which an individual causes bodily injury or death to another individual.
(ii)In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
(iii)In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
(6)Sexual assault means any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
(7)Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that persons safety or the safety of others or suffer substantial emotional distress.
(8)Victim means either of the following:
(A)An individual against whom a qualifying act of violence is committed.
(B)For the purposes of subdivision (b) only, a person against whom any crime has been committed.
(9)Victim advocate means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.
(10)Victim services organization or agency means an agency or organization that has a documented record of providing services to victims.
(l)(1)An employer shall inform each employee of their rights established under this section in writing. The information shall be provided to new employees upon hire, to all employees annually, at any time upon request, and any time the employer becomes newly aware that an employee informs an employer that the employee or an the employees family member is a victim.
(2)The department shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall be entitled Survivors of Violence and Family Members of Victims Right to Leave and Accommodations and shall set forth the rights and duties of employers and employees under this section in clear and concise language. The notice shall also include language that advises employees in clear and concise language that if leave taken under this section is due to an employees inability to work as a result of a serious health condition, or need to care for a family member with a serious health condition, they may also be eligible for wage replacement under the disability insurance program, the family temporary disability insurance program, or other programs administered by the Employment Development Department. The notice shall also include language that advises employees in clear and concise language that if they are a family member of a deceased victim, they may be eligible for leave under this section and also for bereavement leave under Section 12945.7. The department shall post the form in English, Spanish, Chinese, Vietnamese, Tagalog, Korean, Armenian, Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer, Thai, and any other language that is spoken by a substantial number of non-English-speaking people, as that phrase is defined in Section 7296.2, on the departments internet website to make it available to employers who are required to comply with this section. If an employer elects not to use the form developed by the department, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the department. The department shall create the form and post it in accordance with this paragraph on or before January 1, 2025.
(3)An employer shall not be required to comply with paragraph (1) until the department posts the form on the departments internet website in accordance with paragraph (2).
SEC. 4.Section 230 of the Labor Code is repealed.SEC. 5.Section 230.1 of the Labor Code is repealed.SEC. 6.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 employees family member.
(2)For an employee who is a victim or whose family member is a victim, as defined in subdivision (k) of Section 12945.8 of the Government Code, the purposes described in subdivisions (c) and (d) of Section 12945.8 of the Government Code.
(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.
(d)Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, employee shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.
SEC. 7.Section 679.027 of the Penal Code is amended to read:679.027.(a)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim, or the victims next of kin if the victim is deceased, of the rights they may have under applicable law relating to the victimization, including rights relating to housing, employment, compensation, and immigration relief.
(b)(1) Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a Victim Protections and Resources card described in paragraph (3).
(2)The Victim Protections and Resources card may be designed as part of and included with the Marsy Rights card described by Section 679.026.
(3)By June 1, 2025, the Attorney General shall design and make available in PDF or other imaging format to every agency listed in paragraph (1) a Victim Protections and Resources card, which shall contain information in lay terms about victim rights and resources, including, but not limited to, the following:
(A)Information about the rights provided by Section 12945.8 of the Government Code.
(B)Information about the rights provided by Section 1946.7 of the Civil Code.
(C)Information about the rights provided by Section 1161.3 of the Code of Civil Procedure, including information in lay terms about which crimes and tenants are eligible and under what circumstances.
(D)Information about federal immigration relief available to certain victims of crime.
(E)Information about the program established by Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, including information about the types of expenses the program may reimburse, eligibility, and how to apply.
(F)Information about the program established by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(G)Information about eligibility for filing a restraining or protective order.
(H)Contact information for the Victims Legal Resource Center established by Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(I)A list of trauma recovery centers funded by the state pursuant to Section 13963.1 of the Government Code, with their contact information, which shall be updated annually.
(J)The availability of community-based restorative justice programs and processes available to them, including programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation.
(c)This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 202425 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section.
SEC. 8.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act, as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 9.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 4 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this section, whichever is later.
The jury commissioner shall provide orientation for new jurors, which shall include necessary basic information concerning jury service. The jury commissioner shall notify each juror of subdivision (a) of Section 12945.8 of the Government Code.
SEC. 2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in subdivision (k) of Section 12945.8 of the Government Code.
SEC. 3.Section 12945.8 is added to the Government Code, to read:12945.8.(a)An employer shall 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 the employee is required to serve.
(b)An employer shall not discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim, 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)An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is 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 a family member of the victim.
(d)An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim from taking time off from work for any of the following purposes:
(1)To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
(2)To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
(3)To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
(4)To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
(5)To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
(6)To provide care to an immediate family member who is recovering from injuries caused by a qualifying act of violence.
(7)To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
(8)To seek, obtain, or assist a family member to seek or obtain financial services, enroll to receive benefits, or meet with a financial professional to address financial issues caused by or aggravated by the qualifying act of violence.
(9)To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
(10)To seek, obtain, or provide childcare or care to a care-dependent adult necessary as a result of the qualifying act of violence.
(11)To make modifications, or make arrangements to have modifications made, to a home, vehicle, or technological device necessary for usability and accessibility due to an injury caused by the qualifying act of violence.
(e)(1)As a condition of taking time off for a purpose set forth in subdivision (c) or (d), the employee shall give the employer reasonable advance notice of the employees 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 upon request by the employer. Certification shall be sufficient in the form of any of the following:
(A)A police report indicating that the employee or a family member of the employee was a victim.
(B)A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court.
(C)Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.
(D)Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employees behalf, certifying that the absence is for a purpose authorized under this section.
(3)To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (g), the employer shall maintain the confidentiality of any employee requesting leave under subdivision (c) or (d). Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(f)An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employees status, or the employees family members status, as a victim if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.
(g)(1)An employer shall provide reasonable accommodations for an employee who is a victim or the family member of whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the victim while at work.
(2)For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other qualifying act of violence, or referral to a victim assistance organization.
(3)An employer is not required under this section to provide a reasonable accommodation to an employee who has not disclosed the employees status, or the employees family members status, as a victim.
(4)The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(5)In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee or their family member.
(6)This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employers business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employers duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.
(7)(A)Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employees behalf, certifying that the accommodation is for a purpose authorized under this subdivision.
(B)The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employees status, or the employees family members status, as a victim. Certification shall be sufficient in the form of any of the categories described in paragraph (3) of subdivision (e).
(C)An employer who requests certification pursuant to subparagraph (B) may request recertification of an employees status, or an employees family members status, as a victim, or ongoing circumstances related to the qualifying act of violence, every six months after the date of the previous certification.
(D)Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee or the employees family member as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employees safety in the workplace. The employee shall be given notice before any authorized disclosure. Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(E)(i)If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.
(ii)Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(F)If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.
(8)An employer shall not retaliate against an employee for requesting a reasonable accommodation under this subdivision, regardless of whether the request was granted.
(h)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
(i)An employee may use vacation, personal leave, paid sick 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), (c), or (d). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
(j)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. 2601 et seq.).
(k)For purposes of this section:
(1)Crime means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.
(2)Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.
(3)Employer means any of the following:
(A)Any person who directly employs one or more persons to perform services for a wage or salary.
(B)The state, and any political or civil subdivision of the state and cities.
(C)For purposes of subdivision (d) only, employer means any person who directly employs five or more persons to perform services for a wage or salary.
(4)Family member means a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person, as defined in Section 12945.2.
(5)Qualifying act of violence means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
(A)Domestic violence.
(B)Sexual assault.
(C)Stalking.
(D)An act, conduct, or pattern of conduct, including any of the following:
(i)In which an individual causes bodily injury or death to another individual.
(ii)In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
(iii)In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
(6)Sexual assault means any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
(7)Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that persons safety or the safety of others or suffer substantial emotional distress.
(8)Victim means either of the following:
(A)An individual against whom a qualifying act of violence is committed.
(B)For the purposes of subdivision (b) only, a person against whom any crime has been committed.
(9)Victim advocate means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.
(10)Victim services organization or agency means an agency or organization that has a documented record of providing services to victims.
(l)(1)An employer shall inform each employee of their rights established under this section in writing. The information shall be provided to new employees upon hire, to all employees annually, at any time upon request, and any time the employer becomes newly aware that an employee or an employees family member is a victim.
(2)The department shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall be entitled Survivors of Violence and Family Members of Victims Right to Leave and Accommodations and shall set forth the rights and duties of employers and employees under this section in clear and concise language. The notice shall also include language that advises employees in clear and concise language that if leave taken under this section is due to an employees inability to work as a result of a serious health condition, or need to care for a family member with a serious health condition, they may also be eligible for wage replacement under the disability insurance program, the family temporary disability insurance program, or other programs administered by the Employment Development Department. The notice shall also include language that advises employees in clear and concise language that if they are a family member of a deceased victim, they may be eligible for leave under this section and also for bereavement leave under Section 12945.7. The department shall post the form in English, Spanish, Chinese, Vietnamese, Tagalog, Korean, Armenian, Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer, Thai, and any other language that is spoken by a substantial number of non-English-speaking people, as that phrase is defined in Section 7296.2, on the departments internet website to make it available to employers who are required to comply with this section. If an employer elects not to use the form developed by the department, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the department. The department shall create the form and post it in accordance with this paragraph on or before January 1, 2025.
(3)An employer shall not be required to comply with paragraph (1) until the department posts the form on the departments internet website in accordance with paragraph (2).
SEC. 4.Section 230 of the Labor Code is repealed.SEC. 5.Section 230.1 of the Labor Code is repealed.SEC. 6.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 employees family member.
(2)For an employee who is a victim or family member of whose family member is a victim, as defined in subdivision (k) of Section 12945.8 of the Government Code, the purposes described in subdivisions (c) and (d) of Section 12945.8 of the Government Code.
(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.
(d)Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, employee shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.
SEC. 7.Section 679.027 of the Penal Code is amended to read:679.027.(a)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim, or the victims next of kin if the victim is deceased, of the rights they may have under applicable law relating to the victimization, including rights relating to housing, employment, compensation, and immigration relief.
(b)(1) Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a Victim Protections and Resources card described in paragraph (3).
(2)The Victim Protections and Resources card may be designed as part of and included with the Marsy Rights card described by Section 679.026.
(3)By June 1, 2025, the Attorney General shall design and make available in PDF or other imaging format to every agency listed in paragraph (1) a Victim Protections and Resources card, which shall contain information in lay terms about victim rights and resources, including, but not limited to, the following:
(A)Information about the rights provided by Section 12945.8 of the Government Code.
(B)Information about the rights provided by Section 1946.7 of the Civil Code.
(C)Information about the rights provided by Section 1161.3 of the Civil Code, Code of Civil Procedure, including information in lay terms about which crimes and tenants are eligible and under what circumstances.
(D)Information about federal immigration relief available to certain victims of crime.
(E)Information about the program established by Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, including information about the types of expenses the program may reimburse, eligibility, and how to apply.
(F)Information about the program established by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(G)Information about eligibility for filing a restraining or protective order.
(H)Contact information for the Victims Legal Resource Center established by Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(I)A list of trauma recovery centers funded by the state pursuant to Section 13963.1 of the Government Code, with their contact information, which shall be updated annually.
(J)The availability of community-based restorative justice programs and processes available to them, including programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation.
(c)This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 202425 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section.
SEC. 8.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act Act, as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 9.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 4 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this section, whichever is later.
The jury commissioner shall provide orientation for new jurors, which shall include necessary basic information concerning jury service. The jury commissioner shall notify each juror of the provisions of Section 230 of the Labor subdivision (a) of Section 12945.8 of the Government Code.
SEC. 2.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) of Section 230.1 of the Labor subdivision (k) of Section 12945.8 of the Government Code.
SEC. 3.Section 12945.8 is added to the Government Code, to read:12945.8.(a)An employer shall 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 the employee is required to serve.
(b)An employer shall not discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim, 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)An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is 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 a family member of the victim.
(d)An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim from taking time off from work for any of the following purposes:
(1)To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
(2)To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
(3)To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
(4)To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
(5)To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
(6)To provide care to an immediate family member who is recovering from injuries caused by a qualifying act of violence.
(7)To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
(8)To seek, obtain, or assist a family member to seek or obtain financial services, enroll to receive benefits, or meet with a financial professional to address financial issues caused by or aggravated by the qualifying act of violence.
(9)To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
(10)To seek, obtain, or provide childcare or care to a care-dependent adult necessary as a result of the qualifying act of violence.
(11)To make modifications, or make arrangements to have modifications made, to a home, vehicle, or technological device necessary for usability and accessibility due to an injury caused by the qualifying act of violence.
(e)(1)As a condition of taking time off for a purpose set forth in subdivision (c) or (d), the employee shall give the employer reasonable advance notice of the employees 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 upon request by the employer. Certification shall be sufficient in the form of any of the following:
(A)A police report indicating that the employee or a family member of the employee was a victim.
(B)A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court.
(C)Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.
(D)Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employees behalf, certifying that the absence is for a purpose authorized under this section.
(3)To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (g), the employer shall maintain the confidentiality of any employee requesting leave under subdivision (c) or (d). Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(f)An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employees status, or the employees family members status, as a victim if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.
(g)(1)An employer shall provide reasonable accommodations for an employee who is a victim or the family member of a victim of a qualifying act of violence who requests an accommodation for the safety of the victim while at work.
(2)For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other qualifying act of violence, or referral to a victim assistance organization.
(3)An employer is not required under this section to provide a reasonable accommodation to an employee who has not disclosed the employees status, or the employees family members status, as a victim.
(4)The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(5)In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee or their family member.
(6)This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employers business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employers duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.
(7)(A)Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employees behalf, certifying that the accommodation is for a purpose authorized under this subdivision.
(B)The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employees status, or the employees family members status, as a victim. Certification shall be sufficient in the form of any of the categories described in paragraph (3) of subdivision (e).
(C)An employer who requests certification pursuant to subparagraph (B) may request recertification of an employees status, or an employees family members status, as a victim, or ongoing circumstances related to the qualifying act of violence, every six months after the date of the previous certification.
(D)Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee or the employees family member as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employees safety in the workplace. The employee shall be given notice before any authorized disclosure. Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employees family member and a third party.
(E)(i)If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.
(ii)Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(F)If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.
(8)An employer shall not retaliate against an employee for requesting a reasonable accommodation under this subdivision, regardless of whether the request was granted.
(h)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
(i)An employee may use vacation, personal leave, paid sick 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), (c), or (d). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
(j)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. 2601 et seq.).
(k)For purposes of this section:
(1)Crime means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.
(2)Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.
(3)Employer means the following:
(A)Any person who directly employs one or more persons to perform services for a wage or salary.
(B)The state, and any political or civil subdivision of the state and cities.
(C)For purposes of subdivision (d) only, employer means any person who directly employs five or more persons to perform services for a wage or salary.
(4)Family member means a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person, as defined in Section 12945.2.
(5)Qualifying act of violence means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
(A)Domestic violence.
(B)Sexual assault.
(C)Stalking.
(D)An act, conduct, or pattern of conduct, including any of the following:
(i)In which an individual causes bodily injury or death to another individual.
(ii)In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
(iii)In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
(6)Sexual assault means any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
(7)Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that persons safety or the safety of others or suffer substantial emotional distress.
(8)Victim means the following:
(A)An individual against whom a qualifying act of violence is committed.
(B)For the purposes of subdivision (b) only, a person against whom any crime has been committed.
(9)Victim advocate means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.
(10)Victim services organization or agency means an agency or organization that has a documented record of providing services to victims.
(l)(1)An employer shall inform each employee of their rights established under this section in writing. The information shall be provided to new employees upon hire, to all employees annually, at any time upon request, and any time the employer becomes newly aware that an employee or an employees family member is a victim.
(2)The department shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall be entitled Survivors of Violence and Family Members of Victims Right to Leave and Accommodations and shall set forth the rights and duties of employers and employees under this section in clear and concise language. The notice shall also include language that advises employees in clear and concise language that if leave taken under this section is due to an employees inability to work as a result of a serious health condition, or need to care for a family member with a serious health condition, they may also be eligible for wage replacement under the disability insurance program, the family temporary disability insurance program, or other programs administered by the Employment Development Department. The notice shall also include language that advises employees in clear and concise language that if they are a family member of a deceased victim, they may be eligible for leave under this section and also for bereavement leave under Section 12945.7. The department shall post the form in English, Spanish, Chinese, Vietnamese, Tagalog, Korean, Armenian, Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer, Thai, and any other language that is spoken by a substantial number of non-English-speaking people, as that phrase is defined in Section 7296.2, on the departments internet website to make it available to employers who are required to comply with this section. If an employer elects not to use the form developed by the department, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the department. The department shall create the form and post it in accordance with this paragraph on or before January 1, 2025.
(3)An employer shall not be required to comply with paragraph (1) until the department posts the form on the departments internet website in accordance with paragraph (2).
SEC. 4.Section 230 of the Labor Code is repealed.230.(a)An employer shall 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 the employee is required to serve.(b)An employer shall 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)An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is 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 their 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 employees 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.(B)A court order protecting or separating the employee from the perpetrator of the crime or abuse, or other evidence from the court or prosecuting attorney that the employee has appeared in court.(C)Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee was undergoing treatment or receiving services for physical or mental injuries or abuse resulting in victimization from the crime or abuse.(D)Any other form of documentation that reasonably verifies that the crime or abuse occurred, including but not limited to, a written statement signed by the employee, or an individual acting on the employees behalf, certifying that the absence is for a purpose authorized under this section or under Section 230.1.(3)To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (f), the employer shall maintain the confidentiality of any employee requesting leave under subdivision (c).(e)An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employees status as a victim of crime or abuse, if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.(f)(1)An employer shall provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work.(2)For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or other crime that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other crime, or referral to a victim assistance organization.(3)An employer is not required to provide a reasonable accommodation to an employee who has not disclosed the employees status as a victim of domestic violence, sexual assault, or stalking.(4)The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.(5)In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee.(6)This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employers business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employers duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.(7)(A)Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employees behalf, certifying that the accommodation is for a purpose authorized under this subdivision.(B)The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employees status as a victim of domestic violence, sexual assault, or stalking. Certification shall be sufficient in the form of any of the categories described in paragraph (3) of subdivision (d).(C)An employer who requests certification pursuant to subparagraph (B) may request recertification of an employees status as a victim of domestic violence, sexual assault, or stalking, or ongoing circumstances related to the crime or abuse, every six months after the date of the previous certification.(D)Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employees safety in the workplace. The employee shall be given notice before any authorized disclosure.(E)(i)If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.(ii)Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.(F)If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.(8)An employer shall not retaliate against a victim for requesting a reasonable accommodation, regardless of whether the request was granted.(g)(1)An 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 their employer because the employee has taken time off for a purpose set forth in subdivision (a) or (b) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.(2)An 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 their employer for reasons prohibited in subdivision (c) or (e), or because the employee has requested or received a reasonable accommodation as set forth in subdivision (f), shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief.(3)An 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.(h)(1)An 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 their employer because the employee has exercised their rights as set forth in subdivision (a), (b), (c), (e), or (f) 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 may file a complaint with the division based upon a violation of subdivision (c), (e), or (f) within one year from the date of occurrence of the violation.(i)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.(j)For purposes of this section:(1)Crime means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.(2)Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.(3)Immediate family member means a person who is any of the following:(A)Regardless of age, a biological, adopted, or foster child, stepchild, or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or a person to whom the employee stood in loco parentis when the person was a minor.(B)A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or an employees spouse or domestic partner, or a person who stood in loco parentis when the employee or the employees spouse or domestic partner was a minor child.(C)A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision.(D)A biological, foster, or adoptive sibling, a stepsibling, or a half-sibling.(E)Any other individual whose close association with the employee is the equivalent of a family relationship described in subparagraph (A), (B), (C), or (D).(4)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, 287, 288, 288.5, 289, or 311.4 of, or former Section 288a of, the Penal Code, as amended.(5)Stalking means a crime set forth in Section 646.9 of the Penal Code or Section 1708.7 of the Civil Code.(6)Victim includes any of the following:(A)A victim of stalking, domestic violence, or sexual assault.(B)A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury.(C)A person whose immediate family member is deceased as the direct result of a crime.(D)For the purposes of subdivision (b) only, any person against whom any crime has been committed.(7)Victim advocate means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.SEC. 5.Section 230.1 of the Labor Code is repealed.230.1.(a)In addition to the requirements and prohibitions imposed on employees pursuant to Section 230, an employer with 25 or more employees shall not discharge, or in any manner discriminate or retaliate against, an employee who is a victim, for taking time off from work for any of the following purposes:(1)To seek medical attention for injuries caused by crime or abuse.(2)To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse.(3)To obtain psychological counseling or mental health services related to an experience of crime or abuse.(4)To participate in safety planning and take other actions to increase safety from future crime or abuse, 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 employees 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 categories described in paragraph (2) of subdivision (d) of Section 230.(3)To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (f) of Section 230, employers shall maintain the confidentiality of any employee requesting leave under subdivision (a).(c)An 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 their employer because the employee has taken time off for a purpose set forth in subdivision (a) is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. An 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)An 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 their employer because the employee has exercised their 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 may file a complaint with the division based upon a violation of subdivision (a) within one year from the date of occurrence of the violation.(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 term or condition of a collective bargaining agreement.(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. 2601 et seq.).(g)For purposes of this section:(1)Crime means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.(2)Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.(3)Immediate family member means a person who is any of the following:(A)Regardless of age, a biological, adopted, or foster child, stepchild, or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or a person to whom the employee stood in loco parentis when the person was a minor.(B)A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or an employees spouse or domestic partner, or a person who stood in loco parentis when the employee or the employees spouse or domestic partner was a minor child.(C)A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision.(D)A biological, foster, or adoptive sibling, a stepsibling, or a half-sibling.(E)Any other individual whose close association with the employee is the equivalent of a family relationship described in subparagraph (A), (B), (C), or (D).(4)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, 287, 288, 288.5, 289, or 311.4 of, or former Section 288a of, the Penal Code, as amended.(5)Stalking means a crime set forth in Section 646.9 of the Penal Code or Section 1708.7 of the Civil Code.(6)Victim includes any of the following:(A)A victim of stalking, domestic violence, or sexual assault.(B)A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury.(C)A person whose immediate family member is deceased as the direct result of a crime.(7)Victim services organization or agency means an agency or organization that has a documented record of providing services to victims.(h)(1)Employers shall inform each employee of their rights established under this section and subdivisions (c), (e), and (f) of Section 230 in writing. The information shall be provided to new employees upon hire and to other employees upon request.(2)The Labor Commissioner shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall set forth the rights and duties of employers and employees under this section in clear and concise language. The Labor Commissioner shall post the form on the commissioners internet website to make it available to employers who are required to comply with this section. If an employer elects not to use the form developed by the Labor Commissioner, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the Labor Commissioner. The Labor Commissioner shall revise the form and post it in accordance with this paragraph on or before January 1, 2022.(3)Employers shall not be required to comply with paragraph (1) until the Labor Commissioner posts the form on the commissioners internet website in accordance with paragraph (2).SEC. 6.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 employees family member.
(2)For an employee who is a victim of domestic violence, sexual assault, or stalking, or family member of a victim, as defined in subdivision (k) of Section 12945.8 of the Government Code, the purposes described in subdivision (c) of Section 230 and subdivision (a) of Section 230.1. subdivisions (c) and (d) of Section 12945.8 of the Government Code.
(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.
(d)Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, employee shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.
SEC. 7.Section 679.027 of the Penal Code is amended to read:679.027.(a)Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim, or the victims next of kin if the victim is deceased, of the rights they may have under applicable law relating to the victimization, including rights relating to housing, employment, compensation, and immigration relief.
(b)(1) Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a Victim Protections and Resources card described in paragraph (3).
(2)The Victim Protections and Resources card may be designed as part of and included with the Marsy Rights card described by Section 679.026.
(3)By June 1, 2025, the Attorney General shall design and make available in PDF or other imaging format to every agency listed in paragraph (1) a Victim Protections and Resources card, which shall contain information in lay terms about victim rights and resources, including, but not limited to, the following:
(A)Information about the rights provided by Sections 230 and 230.1 of the Labor Section 12945.8 of the Government Code.
(B)Information about the rights provided by Section 1946.7 of the Civil Code.
(C)Information about the rights provided by Section 1161.3 of the Civil Code, including information in lay terms about which crimes and tenants are eligible and under what circumstances.
(D)Information about federal immigration relief available to certain victims of crime.
(E)Information about the program established by Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, including information about the types of expenses the program may reimburse, eligibility, and how to apply.
(F)Information about the program established by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(G)Information about eligibility for filing a restraining or protective order.
(H)Contact information for the Victims Legal Resource Center established by Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(I)A list of trauma recovery centers funded by the state pursuant to Section 13963.1 of the Government Code, with their contact information, which shall be updated annually.
(J)The availability of community-based restorative justice programs and processes available to them, including programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation.
(c)This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 202425 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section.
SEC. 8.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 3 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 230 or 230.1 of the Labor 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become inoperative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement Section 11320.31, as added by the act that added this subdivision, whichever is later, and, as of January 1 of the following year, is repealed.
SEC. 9.Section 11320.31 of the Welfare and Institutions Code, as amended by Section 4 of Chapter 615 of the Statutes of 2023, is amended to read:11320.31.(a)Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment, including, but not limited to, the following reasons:
(1)The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(2)The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.
(3)The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipients home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(4)The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
(5)The employment, offer of employment, or work activity does not provide for workers compensation insurance.
(6)Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(7)Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipients union membership.
(8)The recipient states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).
(9)The recipient states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, abusive conduct has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.
(10)The recipient states that the recipients rights under the Wage Theft Prevention Act of 2011 were violated.
(11)The recipient states that the recipients rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.
(12)The recipient states that the recipients rights under the CROWN Act (Section 212.1 of the Education Code and subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.
(13)The recipient states that the recipients rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.
(14)The recipient states that the recipients rights under the Garment Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2, and 2675.5 of the Labor Code) were violated.
(15)The recipient states that the recipients rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.
(16)The recipient states that the recipients rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.
(17)The recipient states that the recipients rights under Section 432.6 of the Labor Code were violated.
(18)The recipient states that the recipients rights under Section 230 or 230.1 of the Labor 12945.8 of the Government Code were violated.
(19)The recipient states that the recipients rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.
(20)The recipient states that the recipients rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.
(21)The recipient states that the recipients rights under any federal, state, or local labor or employment law were violated.
(22)The recipient requires pregnancy- or parenting-related accommodations covered under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), or Section 66252, 66271.9, or 66281.7 of the Education Code, including, but not limited to, excused absences to attend child medical appointments, and has not received adequate accommodations.
(b)For purposes of subdivision (a), verification of the recipients statement is not required. The recipient need not reference any specific law in stating that their rights were violated.
(c)Relief from a program sanction provided pursuant to this section shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.
(d)(1)If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Civil Rights Department. The State Department of Social Services shall convene a stakeholder workgroup to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document an applicants or recipients statement of circumstances as required by this section. The stakeholder workgroup may be convened concurrently with an existing department stakeholder meeting. The stakeholder workgroup shall include, but is not limited to, representatives of organizations representing all of the following: County Welfare Directors Association of California, CalWORKs recipients, workers rights advocates, CalWORKs advocates, social workers, and any relevant state, county, or city government agencies. A county human services agency shall follow the instructions developed by the stakeholder workgroup.
(2)The State Department of Social Services, along with the stakeholder workgroup, shall also develop instructions for county human services agencies on how best to issue an updated guidance to applicants and recipients of applicable rights under the California Family Rights Act (Section 12945.2 of the Government Code) and other new rights under federal, state, or local laws.
(e)County human services agencies shall not be required or expected to provide any legal advice to recipients. Any information or materials provided to a recipient regarding workplace rights, including those developed and provided pursuant to subdivision (d), is not intended to be legal advice.
(f)This section shall become operative on October 1, 2024, or when the State Department of Social Services notifies the Legislature that the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this section, whichever is later.
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Date
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Status
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| Sep 29, 2024 | Chaptered by Secretary of State - Chapter 967, Statutes of 2024. |
| Sep 29, 2024 | Approved by the Governor. |
| Sep 9, 2024 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 28, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 11.). |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Assembly Rule 77 suspended. |
| Aug 27, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 7.). |
| Aug 26, 2024 | Read second time. Ordered to third reading. |
| Aug 23, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | Read second time and amended. Ordered returned to second reading. |
| Aug 15, 2024 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 15). |
| Aug 5, 2024 | In committee: Referred to APPR suspense file. |
| Jul 3, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR. |
| Jun 19, 2024 | From committee: Do pass and re-refer to Com. on L., P.E. & R. (Ayes 9. Noes 0.) (June 18). Re-referred to Com. on L., P.E. & R. |
| Jun 6, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| Jun 5, 2024 | Referred to Coms. on JUD. and L., P.E. & R. |
| May 24, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 23, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 8. Page 5638.) |
| May 21, 2024 | Read second time. Ordered to third reading. |
| May 20, 2024 | Read second time and amended. Ordered returned to second reading. |
| May 20, 2024 | From committee: Amend, and do pass as amended. (Ayes 10. Noes 4.) (May 16). |
| May 1, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 18, 2024 | Re-referred to Com. on APPR. |
| Apr 17, 2024 | Read second time and amended. |
| Apr 16, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 16). |
| Apr 10, 2024 | Re-referred to Com. on JUD. |
| Apr 9, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Apr 4, 2024 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (April 3). Re-referred to Com. on JUD. |
| Feb 26, 2024 | Referred to Coms. on L. & E. and JUD. |
| Feb 14, 2024 | From printer. May be heard in committee March 15. |
| Feb 13, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2024 | AB 2499 Schiavo Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2024 | Assembly 3rd Reading AB2499 Schiavo et al. By Wilk | Senate Floor |
Passed |
|
| Aug 15, 2024 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 5, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 3, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Labor, Public Employment and Retirement |
Passed |
|
| Jun 18, 2024 | Do pass, but first be re-referred to the Committee on [Labor, Public Employment and Retirement ] | Senate Standing Committee on Judiciary |
Passed |
|
| May 23, 2024 | AB 2499 Schiavo Assembly Third Reading | Assembly Floor |
Passed |
|
| May 16, 2024 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 16, 2024 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
|
| Apr 3, 2024 | Do pass and be re-referred to the Committee on [Judiciary] | Assembly Standing Committee on Labor and Employment |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| * Against | Apr 3, 2024 | |
| AAUW California | ** Support | |
| Acclamation Insurance Management Services | ** Against | |
| Allied Managed Care | ** Against | |
| American Federation Of State, County, And Municipal Employees, Afl-Cio | ** Support | |
| American Petroleum & Convenience Store Association | ** Against | |
| Anaheim Chamber Of Commerce | ** Against | |
| Asian Law Alliance | ** Support | |
| Associated General Contractors | ** Against | |
| Associated General Contractors of San Diego | ** Against | |
| Association of General Contractors | ** Against | |
| Brea Chamber of Commerce | ** Against | |
| BreastfeedLA | ** Support | |
| Calegislation | ** Support | |
| California Association For Health Services At Home | ** Against | |
| California Association Of Health Facilities | ** Against | |
| California Association of Joint Power Authorities | ** Against | |
| California Breastfeeding Coalition | ** Support | |
| California Builders Alliance | ** Against | |
| California Business Properties Association | ** Against | |
| California Business Roundtable | ** Against | |
| California Catholic Conference | ** Support | |
| California Chamber Of Commerce | ** Against | |
| California Child Care Resource & Referral Network | ** Support | |
| California Domestic Workers Coalition | ** Support | |
| California Employment Lawyers Association | ** Support | |
| California Farm Bureau | ** Against | |
| california farm labor contractor association | ** Against | |
| California Financial Services Association | ** Against | |
| California Fitness Alliance | ** Against | |
| California Immigrant Policy Center | ** Support | |
| California Labor Federation | * Support | Jul 3, 2024 |
| California Landscape Contractors Association | ** Against | |
| California League of Food Producers | ** Against | |
| California Lodging Industry Association | ** Against | |
| California Manufacturers And Technology Association | ** Against | |
| California NOW | ** Support | |
| California Partnership To End Domestic Violence | ** Support | |
| California Restaurant Association | ** Against | |
| California Retailers Association | ** Against | |
| California Rural Legal Assistance Foundation | ** Support | |
| California State Council of SHRM | ** Against | |
| California State Council of The Society for Human Resource Management | ** Against | |
| California Teachers Association | ** Support | |
| California Wic Association | * Support | Jun 18, 2024 |
| California Women's Law Center | ** Support | |
| California Work & Family Coalition | ** Support | |
| Californians for Safety and Justice | ** Support | |
| Californians United for a Responsible Budget | ** Support | |
| Caring Across Generations | ** Support | |
| Carlsbad Chamber of Commerce | ** Against | |
| Center for Community Action and Environmental Justice | ** Support | |
| Center for Workers’ Rights | ** Support | |
| Child Care Law Center | ** Support | |
| Chino Valley Chamber of Commerce | ** Against | |
| Citizens for Choice | ** Support | |
| Civil Justice Association Of California | ** Against | |
| cleanearth4kids.org | * Support | Jun 18, 2024 |
| Coalition of Small and Disabled Veteran Businesses | ** Against | |
| Communities United for Restorative Youth Justice | ** Support | |
| Community Legal Services in East Palo Alto | ** Support | |
| Community Legal Services in East Palo Alto | * Support | Apr 16, 2024 |
| Construction Employers Association | ** Against | |
| Corona Chamber of Commerce | ** Against | |
| Courage California | ** Support | |
| Crime Survivors for Safety and Justice | ** Support | |
| Cupertino Chamber of Commerce | ** Against | |
| Disability Rights California | ** Support | |
| Eco-Sustainability Peeps | * Support | Jun 18, 2024 |
| El Dorado County Chamber of Commerce | ** Against | |
| El Dorado Hills Chamber of Commerce | ** Against | |
| Electric Universe | ** Support | |
| Elk Grove Chamber Of Commerce | ** Against | |
| Ella Baker Center For Human Rights | ** Support | |
| Empowering Women Impacted by Incarceration | ** Support | |
| Equal Rights Advocates | ** Support | |
| Fairfield-Suisun Chamber of Commerce | ** Against | |
| Family Business Association of California | ** Against | |
| Flasher Barricade Association | ** Against | |
| Folsom Chamber Of Commerce | ** Against | |
| Fontana Chamber of Commerce | ** Against | |
| Food Empowerment Project | ** Support | |
| Friends Committee On Legislation Of California | ** Support | |
| Fund Her | ** Support | |
| Garden Grove Chamber Of Commerce | ** Against | |
| Glendora Chamber of Commerce | ** Against | |
| GRACE/End Child Poverty California | ** Support | |
| Greater San Fernando Valley Chamber of Commerce | ** Against | |
| Greenberg Traurig LLP | * Support | Apr 3, 2024 |
| Housing Contractors Of California | ** Against | |
| Human Impact Partners | ** Support | |
| Independent Lodging Industry Association | ** Against | |
| Initiate Justice | ** Support | |
| Jewish Center for Justice | ** Support | |
| LA Alliance for A New Economy | ** Support | |
| LA Alliance for a New Economy | ** Support | Jun 20, 2024 |
| LA Alliance for a New Economy | * Support | Jun 18, 2024 |
| LA Best Babies Network | ** Support | |
| LA Canada Flintridge Chamber of Commerce | ** Against | |
| LA National Partnership for Women and Families | * Support | Apr 3, 2024 |
| Laguna Nigel Chamber of Commerce | ** Against | |
| Legal Aid At Work | ** Support | |
| lincoln area chamber of commerce | ** Against | |
| livermore valley chamber of commerce | ** Against | |
| Long Beach Area Chamber of Commerce | ** Against | |
| Los Angeles Alliance for New Economy | * Support | Apr 16, 2024 |
| Los Angeles Area Chamber Of Commerce | * Against | Apr 16, 2024 |
| Mammoth Lakes Chamber of Commerce | ** Against | |
| National Coalition of Jewish Women-California | ** Support | |
| National Council Of Jewish Women Los Angeles | ** Support | |
| National Council of Jewish Women, CA | ** Support | |
| National Federation Of Independent Business | ** Against | |
| National Partnership for Women & Families | ** Support | |
| NCCCA | * Support | Jun 18, 2024 |
| North County Equity and Justice | * Support | Jun 18, 2024 |
| Oceanside Chamber of Commerce | ** Against | |
| Orange County Equality Coalition | ** Support | |
| Our Family Coalition | ** Support | |
| Palos Verdes Peninsula Chamber Of Commerce | ** Against | |
| Parent Voices California | ** Support | |
| Paso Robles and Templeton Chamber of Commerce | ** Against | |
| Poder Latinx | ** Support | |
| Prosecutors Alliance Action | ** Support | |
| Prosecutors Alliance of California | ** Support | |
| Public Counsel | ** Support | |
| Rancho Cordova Chamber of Commerce | ** Against | |
| Redondo Beach Chamber of Commerce | ** Against | |
| Ridgecrest Chamber of Commerce | ** Against | |
| Rocklin Chamber of Commerce | ** Against | |
| Roseville Area Chamber Of Commerce | ** Against | |
| Sacramento Metropolitan Chamber of Commerce | ** Against | |
| Sacramento Regional Builders Exchange | ** Against | |
| San Juan Capistrano Chamber of Commerce | ** Against | |
| San Marcos Chamber Of Commerce | ** Against | |
| San Pedro Chamber of Commerce | ** Against | |
| Santa Maria Valley Chamber of Commerce | ** Against | |
| Santee Chamber of Commerce | ** Against | |
| SEIU California | ** Support | |
| Shingle Springs/cameron Park Chamber of Commerce | ** Against | |
| Simi Valley Chamber of Commerce | ** Against | |
| Sister Warriors Freedom Coalition | ** Support | |
| Smart Justice California | ** Support | |
| South Bay Association of Chambers of Commerce | ** Against | |
| Techequity Action | ** Support | |
| Torrance Chamber of Commerce | ** Against | |
| UAW Region 6 | ** Support | |
| UFCW Western States Council | ** Support | |
| W.O.M.A.N., Inc. | ** Support | |
| West Ventura County Business Alliance | ** Against | |
| Western Center on Law & Poverty, INC. | ** Support | |
| Western Electrical Contractors Association | ** Against | |
| Western Growers Association | ** Against | |
| WOMAN, Inc | * Support | Apr 16, 2024 |
| Women Inc. | * Support | Jun 18, 2024 |
| Working Partnerships USA | ** Support | |
| Worksafe | ** Support | |
| Young Women's Freedom Center | ** Support | |
| Yuba-Sutter Chamber of Commerce | ** Against |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2499
Author:(Schiavo)
As Amended Ver:August 23, 2024
Majority vote
SUMMARY
Entitles an employee of an employer with 25 or more employees who is a victim or who has a family member who is a victim of a crime to job protected leave to attend to their or their family member's needs and ensure their safety. Additionally permits both an employee victim and an employee who has a family member who is a victim to use sick leave for time off to obtain victim services. The total leave taken may be capped at 12 weeks.
Senate Amendments
- Remove the following two purposes for an employee who is a victim or who has a family member who is a victim for taking protected time off:
- To seek, obtain, or assist a family member to seek or obtain financial services, enroll to receive benefits, or meet with a financial professional to address financial issues caused by or aggravated by the qualifying act of violence.
- To make modifications, or make arrangements to have modifications made, to a home, vehicle, or technological device necessary for usability and accessibility due to an injury caused by the qualifying act of violence.
- Make clarifying and technical changes.
- Clarify that the limitation of up to 12 weeks of leave applies to time taken by the employee to attend to their needs and ensure their safety as a victim or for a family member who is victim. The 12 weeks' cap does not apply to time taken to serve on a jury, appear in court to comply with a subpoena or other court order as a witness, or to obtain injunctive relief as an employee who is a victim.
- In the event the employee's family member is a victim who is not deceased as a result of the crime and the employee is not the victim, the employer may limit the total leave taken to 10 days.
- Provide that, in the event the employee's family member is a victim who is not deceased as a result of the crime and the employee is not a victim, and the employee is taking leave for the purpose of securing a new residence, including to enroll children in a new school, the employer may limit the leave taken to five days.
- Require the form noticing employees' of their rights to state in clear and concise language that an employee may be eligible for leave pursuant to specified Labor Code provisions relating to the right of victims of certain crimes to appear in court.
- Move the date that the form must be created and posted by the Civil Rights Department (CRD) from January 1, 2025, to July 1, 2025.
- Address chaptering out issues.
COMMENTS
See Policy Committee analysis.
According to the Author
According to the author, "No employee who has been a victim of a violent crime or who has a loved one who has been victimized should have to choose between their physical or emotional safety and their livelihood. AB 2499 will ensure crime survivors and their loved ones can get to safety and heal after a violent or traumatic event, without worrying about losing their jobs."
The author continues, "AB 2499 will standardize existing protections by ensuring that no victims of violence and their loved ones are forced to choose between keeping their job and accessing safety and healing in the wake of traumatic victimization.
While people from all walks of life are impacted by violence, its effects are concentrated and unequal. Generations of entrenched racism, divestment and extraction, and structural and state violence have cultivated conditions under which low income people of color, immigrants, people with disabilities, and LGBTQ people are significantly more likely to survive violence. Financial insecurity following trauma exacerbates its impacts, and can have lasting impacts on survivors and their employers.
Low wage workers – including immigrants, women and nonbinary workers, and workers of color – who are especially vulnerable to victimization are also least likely to have existing flexibility or leave protections at their jobs. This bill will ensure greater stability and access for survivors and their loved ones who are least protected in the workforce."
Arguments in Support
Legal Aid at Work, co-sponsor of the bill, states, "This bill also addresses survivors' needs for family support and the impact of violence on victims' family members. Family support can make the difference between a survivor being able to secure safety and facing repeated, continuing violence. Not only does the unavailability of family put survivors at greater risk, isolating a survivor from their family is a common tool used in victimization. It is critical that California's laws empower family members and loved ones to support one another in seeking safety in those critical moments. No parent should be fired for helping their daughter move from her abusive partner's home and no sibling should be fired for being there to hold their sister's hand in court when she seeks a restraining order against her stalker. While current law provides no leave to a survivor's family members, AB 2499 would allow family members to access job protected but unpaid leave for specific and defined purposes and also use their existing paid sick days for these purposes. This bill would additionally allow family members to access reasonable accommodations for the purpose of safety."
Arguments in Opposition
A coalition of employer organizations, including the California Chamber of Commerce, is opposed and states, "California currently has robust protections for employees who are victims of violence as well as for employees who need to care for a family member or non-family member. For example, an employee who is a victim of violence can take unlimited time off to seek medical attention, obtain services, or secure a new residence, or ensure the safety of themselves or a child. They can also receive an ongoing accommodation to ensure their safety. Separately, employees are also entitled to 12 weeks of leave under the California Family Rights Act (CFRA) plus another 40 hours of leave under the Healthy Workplace Healthy Family Act, which can be used in small increments, to care for their own injury or that of a family member or non-family member or attend appointments. They can also take up to 40 hours of time off per year to care for a child where their current child care provider or school is unexpectedly unavailable."
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- Ongoing state costs (General Fund) of approximately $629,000 in fiscal year 2024-25 and $613,000 annually thereafter to the Civil Rights Division (CRD) to enforce this expanded unlawful employment practice. CRD estimates that it would receive an additional 50-100 complaints per year if AB 2499 is enacted. CRD anticipates requesting three positions, which would include one Associate Governmental Program Analyst and two Attorney III positions. The anticipated request for $629,000 in FY 2024-2025 would include $7,000 ($500/language) to translate the employer notice required in proposed Government Code section 12945.8(k)(2) into 14 languages. However, CRD notes costs would be absorbable if positions already responsible for this workload at the Department of Industrial Relations (DIR) are transferred to CRD.
- Costs of an unknown, but potentially significant, amount to state agencies for increased staffing costs by expanding job-protected leave for an eligible employee (General Fund, special funds).
VOTES:
ASM LABOR AND EMPLOYMENT: 5-0-2
YES: Ortega, Wendy Carrillo, Kalra, Ward, Zbur
ABS, ABST OR NV: Flora, Alanis
ASM JUDICIARY: 7-2-3
YES: Kalra, Bryan, Connolly, Haney, Maienschein, McKinnor, Reyes
NO: Dixon, Sanchez
ABS, ABST OR NV: Bauer-Kahan, Pacheco, Waldron
ASM APPROPRIATIONS: 10-4-1
YES: Wicks, Arambula, Bryan, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
NO: Sanchez, Dixon, Jim Patterson, Ta
ABS, ABST OR NV: Calderon
ASSEMBLY FLOOR: 56-8-16
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Weber, Wood, Zbur, Robert Rivas
NO: Chen, Dixon, Flora, Vince Fong, Gallagher, Hoover, Sanchez, Ta
ABS, ABST OR NV: Bains, Cervantes, Megan Dahle, Davies, Essayli, Holden, Lackey, Mathis, Jim Patterson, Joe Patterson, Luz Rivas, Blanca Rubio, Waldron, Wallis, Wicks, Wilson
SENATE FLOOR: 32-7-1
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Ochoa Bogh, Seyarto
ABS, ABST OR NV: Niello
UPDATED
VERSION: August 23, 2024
CONSULTANT: Megan Lane / L. & E. / (916) 319-2091 FN: 0004670
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2499 |
THIRD READING
Bill No: AB 2499
Author: Schiavo (D), et al.
Amended: 8/23/24 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 9-0, 6/18/24
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Roth, Stern, Wahab
NO VOTE RECORDED: Laird, Niello
SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 7/3/24
AYES: Smallwood-Cuevas, Wilk, Cortese, Durazo, Laird
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/15/24
AYES: Caballero, Ashby, Becker, Bradford, Wahab
NOES: Jones, Seyarto
ASSEMBLY FLOOR: 56-8, 5/23/24 - See last page for vote
SUBJECT: Employment: unlawful discrimination and paid sick days: victims of violence
SOURCE: Californians for Safety and Justice
Crime Survivors for Safety and Justice
Legal Aid at Work
DIGEST:
This bill expands the list of crimes for which employees are entitled to take time off and allows employees to take time off to help family members, as defined, who are the victims of the specified crimes for specified purposes.
Senate Floor Amendments of 8/23/24 avoid chaptering out issues.
ANALYSIS:
Existing law:
- Provides that an employer shall 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 the employee is required to serve; or appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding or to obtain or attempt to obtain any relief if the employee is a victim of a crime. (Labor Code § 230 (a)-(c).)
- Prohibits an employer from discharging or in any manner discriminating or retaliating against an employee because of the employee’s status as a victim of crime or abuse, if the employee provides notice to the employer of the status or the employer has actual knowledge of the status. (Labor Code § 230 (e).)
- Requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. (Labor Code § 230 (f)(1).)
- Provides that an employee who is discharged, threatened with discharge, demoted or suspended, or in any other manner discriminated against, as specified, for exercising their rights pursuant to the above provisions may file a complaint with the Labor Commissioner (LC). (Labor Code § 230 (g)(1) & (h)(1).)
- Prohibits an employer with 25 or more employees from discharging, discriminating or retaliating against an employee who is a victim of stalking, domestic violence, sexual assault, or of a crime that caused physical injury or that caused mental injury and a threat of physical injury, or whose immediate family member is deceased as the direct result of a crime, for taking time off from work for any of the following purposes: (a) to seek medical attention for injuries caused by crime or abuse; (b) to obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse; (c) to obtain psychological counseling or mental health services related to an experience of crime or abuse; (d) to participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation. (Labor Code § 230.1 (a).)
- Provides that an 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 their employer because the employee has taken time off for a purpose set forth in 5) is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the employer, as well as appropriate equitable relief. (Labor Code § 230.1 (c).)
- States that an 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. (Labor Code § 230.1 (c).)
- Provides that an employee who is discharged, threatened with discharge, demoted or suspended, or in any other manner discriminated against, as specified, for exercising their rights protected in 5), above, may file a complaint with the LC. (Labor Code § 230.1 (d)(1)).
- Requires employers to inform each employee of their rights, as specified. Requires the information to be provided to new employees upon hire and to other employees upon request and requires the LC to develop a form that employers may use to comply. (Labor Code § 230.1 (h)(1)-(2).)
This bill:
- Moves provisions regarding protected time off for an employee to attend jury duty or to attend to their needs and ensure their safety as a victim of a crime from the Labor Code to the Government Code under the Fair Employment and Housing Act.
- Replaces references to an experience of "crime or abuse" with the term "qualifying act of violence."
- Entitles an employee working for an employer with 25 or more employees who has a family member, as defined, who is a victim of a qualifying act of violence to certain protections, including, among other things:
- Taking time off from work without discrimination or retaliation to assist a family member to obtain or attempt to obtain relief. Relief includes, among other things, a temporary restraining order or other injunctive relief.
- Taking time off from work without discrimination or retaliation to assist a family member to obtain victim services that include, among other things, obtaining medical attention to recover from injuries, seeking or obtaining services from a domestic violence shelter, obtaining psychological counseling, participating in safety planning, and providing care to a family member who is recovering from injuries caused by the qualifying act of violence.
- Defines qualifying act of violence to mean any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime: (a) domestic violence; (b) sexual assault; (c) stalking; or (d) an act, conduct, or pattern of conduct in which an individual causes bodily injury or death to another individual, in which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual, or in which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
- Updates the definition of family member to mean a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner as those terms are defined in Government Code section 12945.2, or designated person. Defines “designated person” as any individual not related by blood whose association with the employee is the equivalent of a family relationship. Provides that an employer may limit an employee to one designated person, as specified.
- Defines employer to mean: any person who directly employs one or more persons to perform services for a wage or salary; and the state, and any political or civil subdivision of the state and cities.
- Provides that an employee who is a victim or who has a family member who is a victim may take time off without discrimination or retaliation, for additional reasons, including, among other things: (a) to seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence; (b) to prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence; and (c) to seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
- Extends an employer's obligation to provide reasonable accommodations for an employee who is a victim to an employee whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the employee while at work.
- Clarifies that an employee who is a victim or whose family member is a victim may use sick leave for time off to attend to their needs or ensure their safety.
- Specifies that an employer may limit the total leave taken to 12 weeks.
- Specifies that if an employee’s family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave to relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare, then the employer may limit the total leave taken to five days.
- Specifies that if an employee’s family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employer may limit the total leave taken to 10 days, except that the employer may limit the total amount of leave taken to five days as described in 11) above.
- Specifies that leave taken pursuant to this bill shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the Moore-Brown-Roberti Family Rights Act, if the employee would have been eligible for that leave.
- Provides that the employer provide notice to employees of their rights under these provisions and this notice shall be given, upon the employee's hire, on an annual basis, at any time upon request, and at any time an employee informs an employer that the employee or the employee's family member is a victim. Provides that the notice to the employee shall also include information about other available leaves or wage replacement programs, as specified.
- Requires the Civil Rights Division (CRD to post the form for the notice in various languages, as specified, on the CRD's website.
- Incorporates changes to Education Code section 48205 proposed by AB 1884 (Ward, 2024) and SB 1138 (Newman, 2024) to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last and incorporates additional changes to Labor Code section 246.5 proposed by SB 1105 (Padilla, 2024) to be operative only if this bill and SB 1105 are enacted and this bill is enacted last.
Comments
According to the author:
AB 2499 will address shortcomings in the state’s current approach to leave and workplace protections for victims and survivors of violence, by ensuring survivors and their loved ones the ability to take necessary time off for specific reasons related to safety and recovery.
The bill will recognize additional common reasons survivors need to take unpaid time off from work, allow family members of survivors to take necessary unpaid time off to support their loved ones in achieving safety and recovery, allow family members to use their pre-existing paid sick days for covered purposes, and streamline the process through which survivors can learn about and assert their rights. This bill will also permit reasonable safety-related accommodations for survivors of more forms of violence - consistent with the types of violent victimization experiences currently included in leave protections - and include family members in those protections. [ . . . ]
Legal Aid at Work, Californians for Safety and Justice, Crime Survivors for Safety and Justice, who are sponsors of this bill, and a broad coalition of groups who support and represent crime victims, marginalized communities, and employees write the following in support of this bill: “While current law offers some protection to survivors who need to take time off for specific recovery and safety related reasons, its application is somewhat limited and leaves out certain crucial needs stemming from victimization…This bill will permit reasonable safety-related accommodations for survivors of more forms of violence, recognize additional common reasons survivors need to take unpaid time off from work, allow family members of survivors to take necessary unpaid time off to support their loved ones in achieving safety and recovery, allow family members to use their pre-existing paid sick days for covered purposes, and streamline the process through which survivors can learn about and assert their rights.”
The California Chamber of Commerce removed this bill from their “Job Killer” list because of the June 6, 2024 amendments to the bill; however, they remain opposed to the bill. They write the following about their opposition: “We appreciate the amendments that have been taken on this bill and understand the importance of this issue. However, California’s businesses have been subject to nine new or expanded leaves in just the last four years. Some of those leaves address the same circumstances addressed in this bill. While one more leave in isolation may not seem burdensome, it is important to view this proposal as part of the broader set of mandates to which employers are subject, especially our smallest employers. We must continue to oppose the expansion of another leave.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- Ongoing state costs (General Fund) of approximately $629,000 in fiscal year 2024-25 and $613,000 annually thereafter to the Civil Rights Division (CRD) to enforce this expanded unlawful employment practice. CRD estimates that it would receive an additional 50-100 complaints per year if AB 2499 is enacted. CRD anticipates requesting three positions, which would include one Associate Governmental Program Analyst and two Attorney III positions. The anticipated request for $629,000 in FY 2024-2025 would include $7,000 ($500/language) to translate the employer notice required in proposed Government Code section 12945.8(k)(2) into 14 languages. However, CRD notes costs would be absorbable if positions already responsible for this workload at the Department of Industrial Relations (DIR) are transferred to CRD.
- Costs of an unknown, but potentially significant, amount to state agencies for increased staffing costs by expanding job-protected leave for an eligible employee (General Fund, special funds).
SUPPORT: (Verified 8/23/24)
Californians for Safety and Justice (co-source)
Crime Survivors for Safety and Justice (co-source)
Legal Aid at Work (co-source)
AAUW California
American Federation of State, County, and Municipal Employees, AFL-CIO
Asian Law Alliance
BreastfeedLA
California Breastfeeding Coalition
California Catholic Conference
California Child Care Resource & Referral Network
California Domestic Workers Coalition
California Immigrant Policy Center
California NOW
California Partnership to End Domestic Violence
California Rural Legal Assistance Foundation
Californians for Safety and Justice
California Teachers Association
California Work & Family Coalition
Caring Across Generations
Center for Community Action and Environmental Justice
Center for Workers’ Rights
Child Care Law Center
Citizens for Choice
Community Legal Services in East Palo Alto
Courage California
Crime Survivors for Safety and Justice
Electric Universe
Equal Rights Advocates
Food Empowerment Project
Friends Committee on Legislation of California
GRACE/End Child Poverty California
Human Impact Partners
Jewish Center for Justice
LA Alliance for a New Economy
LA Best Babies Network
National Council of Jewish Women Los Angeles
National Coalition of Jewish Women-California
National Partnership for Women & Families
Orange County Equality Coalition
Our Family Coalition
Parent Voices California
Poder Latinx
Prosecutors Alliance Action
Public Counsel
Smart Justice California
TechEquity Action
UAW Region 6
UFCW Western States Council
W.O.M.A.N., Inc.
Working Partnerships USA
Worksafe
Initiate Justice
Prosecutors Alliance of California
OPPOSITION: (Verified 8/23/24)
Acclamation Insurance Management Services
Allied Managed Care
American Petroleum & Convenience Store Association
Anaheim Chamber of Commerce
Association of General Contractors
Associated General Contractors of San Diego
Brea Chamber of Commerce
California Association of Joint Power Authorities
California Association of Health Facilities
California Association for Health Services at Home
California Builders Alliance
California Business Properties Association
California Business Roundtable
California Chamber of Commerce
California Farm Bureau
California Farm Labor Contractor Association
California Financial Services Association
California Landscape Contractor’s Association
California League of Food Producers
California Lodging Industry Association
California Manufacturers and Technology Association
California Restaurant Association
California Retailers Association
California State Council of the Society for Human Resource Management
Carlsbad Chamber of Commerce
Chino Valley Chamber of Commerce
Civil Justice Association of California
Coalition of Small and Disabled Veteran Businesses
Corona Chamber of Commerce
Construction Employers’ Association
Cupertino Chamber of Commerce
El Dorado County Chamber of Commerce
El Dorado Hills Chamber of Commerce
Elk Grove Chamber of Commerce
Fairfield-Suisun Chamber of Commerce
Family Business Association of California
Flasher Barricade Association
Folsom Chamber of Commerce
Fontana Chamber of Commerce
Garden Grove Chamber of Commerce
Glendora Chamber of Commerce
Greater San Fernando Valley Chamber of Commerce
Housing Contractors of California
Independent Lodging Industry Association
La Cañada Flintridge Chamber of Commerce
Laguna Niguel Chamber of Commerce
Lincoln Area Chamber of Commerce
Livermore Valley Chamber of Commerce
Long Beach Area Chamber of Commerce
Mammoth Lakes Chamber of Commerce
National Federation of Independent Business
Oceanside Chamber of Commerce
Palos Verdes Peninsula Chamber of Commerce
Paso Robles and Templeton Chamber of Commerce
Rancho Cordova Chamber of Commerce
Redondo Beach Chamber of Commerce
Ridgecrest Chamber of Commerce
Rocklin Chamber of Commerce
Roseville Area Chamber of Commerce
Sacramento Metropolitan Chamber of Commerce
Sacramento Regional Builders Exchange
San Juan Capistrano Chamber of Commerce
San Marcos Chamber of Commerce
San Pedro Chamber of Commerce
Santa Maria Valley Chamber of Commerce
Santee Chamber of Commerce
Shingle Springs/Cameron Park Chamber of Commerce
Simi Valley Chamber of Commerce
South Bay Association of Chambers of Commerce
Torrance Chamber of Commerce
West Ventura County Business Alliance
Western Electrical Contractors Association
Western Growers Association
Yuba-Sutter Chamber of Commerce
ASSEMBLY FLOOR: 56-8, 5/23/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Weber, Wood, Zbur, Robert Rivas
NOES: Chen, Dixon, Flora, Vince Fong, Gallagher, Hoover, Sanchez, Ta
NO VOTE RECORDED: Bains, Cervantes, Megan Dahle, Davies, Essayli, Holden, Lackey, Mathis, Jim Patterson, Joe Patterson, Luz Rivas, Blanca Rubio, Waldron, Wallis, Wicks, Wilson
Prepared by: Margie Estrada / JUD. / (916) 651-4113
8/25/24 13:35:34
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2499 |
THIRD READING
Bill No: AB 2499
Author: Schiavo (D), et al.
Amended: 8/15/24 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 9-0, 6/18/24
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Roth, Stern, Wahab
NO VOTE RECORDED: Laird, Niello
SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 7/3/24
AYES: Smallwood-Cuevas, Wilk, Cortese, Durazo, Laird
ASSEMBLY FLOOR: 56-8, 5/23/24 - See last page for vote
SUBJECT: Employment: unlawful discrimination and paid sick days: victims of violence
SOURCE: Californians for Safety and Justice
Crime Survivors for Safety and Justice
Legal Aid at Work
DIGEST:
This bill expands the list of crimes for which employees are entitled to take time off and allows employees to take time off to help family members, as defined, who are the victims of the specified crimes for specified purposes. The bill limits the amount of time the employees can take off of work for the above purposes and requires that employees be allowed to take their sick leave for these purposes.
ANALYSIS:
Existing law:
- Provides that an employer shall 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 the employee is required to serve; or appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding or to obtain or attempt to obtain any relief if the employee is a victim of a crime. (Labor Code § 230 (a)-(c).)
- Prohibits an employer from discharging or in any manner discriminating or retaliating against an employee because of the employee’s status as a victim of crime or abuse, if the employee provides notice to the employer of the status or the employer has actual knowledge of the status. (Labor Code § 230 (e).)
- Requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. (Labor Code § 230 (f)(1).)
- Provides that an employee who is discharged, threatened with discharge, demoted or suspended, or in any other manner discriminated against, as specified, for exercising their rights pursuant to the above provisions may file a complaint with the Labor Commissioner (LC). (Labor Code § 230 (g)(1) & (h)(1).)
- Prohibits an employer with 25 or more employees from discharging, discriminating or retaliating against an employee who is a victim of stalking, domestic violence, sexual assault, or of a crime that caused physical injury or that caused mental injury and a threat of physical injury, or whose immediate family member is deceased as the direct result of a crime, for taking time off from work for any of the following purposes: to seek medical attention for injuries caused by crime or abuse; to obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse; to obtain psychological counseling or mental health services related to an experience of crime or abuse; to participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation. (Labor Code § 230.1 (a).)
- Provides that an 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 their employer because the employee has taken time off for a purpose set forth in 5) is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the employer, as well as appropriate equitable relief. (Labor Code § 230.1 (c).)
- States that an 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. (Labor Code § 230.1 (c).)
- Provides that an employee who is discharged, threatened with discharge, demoted or suspended, or in any other manner discriminated against, as specified, for exercising their rights protected in 5), above, may file a complaint with the LC. (Labor Code § 230.1 (d)(1)).
- Requires employers to inform each employee of their rights, as specified. Requires the information to be provided to new employees upon hire and to other employees upon request and requires the LC to develop a form that employers may use to comply. (Labor Code § 230.1 (h)(1)-(2).)
This bill:
- Moves provisions regarding protected time off for an employee to attend jury duty or to attend to their needs and ensure their safety as a victim of a crime from the Labor Code to the Government Code under the Fair Employment and Housing Act.
- Replaces references to an experience of "crime or abuse" with the term "qualifying act of violence."
- Entitles an employee working for an employer with 25 or more employees who has a family member, as defined, who is a victim of a qualifying act of violence to certain protections, including, among other things:
- Taking time off from work without discrimination or retaliation to assist a family member to obtain or attempt to obtain relief. Relief includes, among other things, a temporary restraining order or other injunctive relief.
- Taking time off from work without discrimination or retaliation to assist a family member to obtain victim services that include, among other things, obtaining medical attention to recover from injuries, seeking or obtaining services from a domestic violence shelter, obtaining psychological counseling, participating in safety planning, and providing care to a family member who is recovering from injuries caused by the qualifying act of violence.
- Defines qualifying act of violence to mean any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime: domestic violence; sexual assault; stalking; or an act, conduct, or pattern of conduct in which an individual causes bodily injury or death to another individual, in which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual, or in which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
- Updates the definition of family member to mean a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner as those terms are defined in Government code section 12945.2, or designated person. Defines “designated person” as any individual not related by blood whose association with the employee is the equivalent of a family relationship. Provides that an employer may limit an employee to one designated person, as specified.
- Defines employer to mean: any person who directly employs one or more persons to perform services for a wage or salary; and the state, and any political or civil subdivision of the state and cities.
- Provides that an employee who is a victim or who has a family member who is a victim may take time off without discrimination or retaliation, for additional reasons, including, among other things: to seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence; to prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence; and to seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
- Extends an employer's obligation to provide reasonable accommodations for an employee who is a victim to an employee whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the employee while at work.
- Clarifies that an employee who is a victim or whose family member is a victim may use sick leave for time off to attend to their needs or ensure their safety.
- Specifies that an employer may limit the total leave taken to 12 weeks.
- Specifies that if an employee’s family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave to relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare, then the employer may limit the total leave taken to 5 days.
- Specifies that if an employee’s family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employer may limit the total leave taken to 10 days, except that the employer may limit the total amount of leave taken to 5 days as described in 11) above.
- Specifies that leave taken pursuant to this bill shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the Moore-Brown-Roberti Family Rights Act, if the employee would have been eligible for that leave.
- Provides that the employer provide notice to employees of their rights under these provisions and this notice shall be given, upon the employee's hire, on an annual basis, at any time upon request, and at any time an employee informs an employer that the employee or the employee's family member is a victim. Provides that the notice to the employee shall also include information about other available leaves or wage replacement programs, as specified.
- Requires the CRD to post the form for the notice in various languages, as specified, on the CRD's website.
Comments
According to the author:
AB 2499 will address shortcomings in the state’s current approach to leave and workplace protections for victims and survivors of violence, by ensuring survivors and their loved ones the ability to take necessary time off for specific reasons related to safety and recovery.
The bill will recognize additional common reasons survivors need to take unpaid time off from work, allow family members of survivors to take necessary unpaid time off to support their loved ones in achieving safety and recovery, allow family members to use their pre-existing paid sick days for covered purposes, and streamline the process through which survivors can learn about and assert their rights. This bill will also permit reasonable safety-related accommodations for survivors of more forms of violence - consistent with the types of violent victimization experiences currently included in leave protections - and include family members in those protections. [ . . . ]
Legal Aid at Work, Californians for Safety and Justice, Crime Survivors for Safety and Justice, who are sponsors of this bill, and a broad coalition of groups who support and represent crime victims, marginalized communities, and employees write the following in support of AB 2499: “While current law offers some protection to survivors who need to take time off for specific recovery and safety related reasons, its application is somewhat limited and leaves out certain crucial needs stemming from victimization…This bill will permit reasonable safety-related accommodations for survivors of more forms of violence, recognize additional common reasons survivors need to take unpaid time off from work, allow family members of survivors to take necessary unpaid time off to support their loved ones in achieving safety and recovery, allow family members to use their pre-existing paid sick days for covered purposes, and streamline the process through which survivors can learn about and assert their rights.”
The California Chamber of Commerce removed AB 2499 from their “Job Killer” list because of the June 6, 2024 amendments to the bill; however, they remain opposed to the bill. They write the following about their opposition: “We appreciate the amendments that have been taken on this bill and understand the importance of this issue. However, California’s businesses have been subject to nine new or expanded leaves in just the last four years. Some of those leaves address the same circumstances addressed in this bill. While one more leave in isolation may not seem burdensome, it is important to view this proposal as part of the broader set of mandates to which employers are subject, especially our smallest employers. We must continue to oppose the expansion of another leave.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, the fiscal impact is as follows:
- Ongoing state costs (General Fund) of approximately $629,000 in fiscal year 2024-25 and $613,000 annually thereafter to the Civil Rights Division (CRD) to enforce this expanded unlawful employment practice. CRD estimates that it would receive an additional 50-100 complaints per year if AB 2499 is enacted. CRD anticipates requesting three positions, which would include one Associate Governmental Program Analyst and two Attorney III positions. The anticipated request for $629,000 in FY 2024-2025 would include $7,000 ($500/language) to translate the employer notice required in proposed Government Code section 12945.8(k)(2) into 14 languages. However, CRD notes costs would be absorbable if positions already responsible for this workload at the Department of Industrial Relations (DIR) are transferred to CRD.
- Costs of an unknown, but potentially significant, amount to state agencies for increased staffing costs by expanding job-protected leave for an eligible employee (General Fund, special funds).
SUPPORT: (Verified 8/15/24)
Californians for Safety and Justice (co-source)
Crime Survivors for Safety and Justice (co-source)
Legal Aid at Work (co-source)
AAUW California
American Federation of State, County, and Municipal Employees, AFL-CIO
Asian Law Alliance
BreastfeedLA
California Breastfeeding Coalition
California Catholic Conference
California Child Care Resource & Referral Network
California Domestic Workers Coalition
California Immigrant Policy Center
California NOW
California Partnership to End Domestic Violence
California Rural Legal Assistance Foundation
Californians for Safety and Justice
California Teachers Association
California Work & Family Coalition
Caring Across Generations
Center for Community Action and Environmental Justice
Center for Workers’ Rights
Child Care Law Center
Citizens for Choice
Community Legal Services in East Palo Alto
Courage California
Crime Survivors for Safety and Justice
Electric Universe
Equal Rights Advocates
Food Empowerment Project
Friends Committee on Legislation of California
GRACE/End Child Poverty California
Human Impact Partners
Jewish Center for Justice
LA Alliance for a New Economy
LA Best Babies Network
National Council of Jewish Women Los Angeles
National Coalition of Jewish Women-California
National Partnership for Women & Families
Orange County Equality Coalition
Our Family Coalition
Parent Voices California
Poder Latinx
Prosecutors Alliance Action
Public Counsel
Smart Justice California
TechEquity Action
UAW Region 6
UFCW Western States Council
W.O.M.A.N., Inc.
Working Partnerships USA
Worksafe
Initiate Justice
Prosecutors Alliance of California
OPPOSITION: (Verified 8/15/24)
Acclamation Insurance Management Services
Allied Managed Care
American Petroleum & Convenience Store Association
Anaheim Chamber of Commerce
Association of General Contractors
Associated General Contractors of San Diego
Brea Chamber of Commerce
California Association of Joint Power Authorities
California Association of Health Facilities
California Association for Health Services at Home
California Builders Alliance
California Business Properties Association
California Business Roundtable
California Chamber of Commerce
California Farm Bureau
California Farm Labor Contractor Association
California Financial Services Association
California Landscape Contractor’s Association
California League of Food Producers
California Lodging Industry Association
California Manufacturers and Technology Association
California Restaurant Association
California Retailers Association
California State Council of the Society for Human Resource Management
Carlsbad Chamber of Commerce
Chino Valley Chamber of Commerce
Civil Justice Association of California
Coalition of Small and Disabled Veteran Businesses
Corona Chamber of Commerce
Construction Employers’ Association
Cupertino Chamber of Commerce
El Dorado County Chamber of Commerce
El Dorado Hills Chamber of Commerce
Elk Grove Chamber of Commerce
Fairfield-Suisun Chamber of Commerce
Family Business Association of California
Flasher Barricade Association
Folsom Chamber of Commerce
Fontana Chamber of Commerce
Garden Grove Chamber of Commerce
Glendora Chamber of Commerce
Greater San Fernando Valley Chamber of Commerce
Housing Contractors of California
Independent Lodging Industry Association
La Cañada Flintridge Chamber of Commerce
Laguna Niguel Chamber of Commerce
Lincoln Area Chamber of Commerce
Livermore Valley Chamber of Commerce
Long Beach Area Chamber of Commerce
Mammoth Lakes Chamber of Commerce
National Federation of Independent Business
Oceanside Chamber of Commerce
Palos Verdes Peninsula Chamber of Commerce
Paso Robles and Templeton Chamber of Commerce
Rancho Cordova Chamber of Commerce
Redondo Beach Chamber of Commerce
Ridgecrest Chamber of Commerce
Rocklin Chamber of Commerce
Roseville Area Chamber of Commerce
Sacramento Metropolitan Chamber of Commerce
Sacramento Regional Builders Exchange
San Juan Capistrano Chamber of Commerce
San Marcos Chamber of Commerce
San Pedro Chamber of Commerce
Santa Maria Valley Chamber of Commerce
Santee Chamber of Commerce
Shingle Springs/Cameron Park Chamber of Commerce
Simi Valley Chamber of Commerce
South Bay Association of Chambers of Commerce
Torrance Chamber of Commerce
West Ventura County Business Alliance
Western Electrical Contractors Association
Western Growers Association
Yuba-Sutter Chamber of Commerce
ASSEMBLY FLOOR: 56-8, 5/23/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Weber, Wood, Zbur, Robert Rivas
NOES: Chen, Dixon, Flora, Vince Fong, Gallagher, Hoover, Sanchez, Ta
NO VOTE RECORDED: Bains, Cervantes, Megan Dahle, Davies, Essayli, Holden, Lackey, Mathis, Jim Patterson, Joe Patterson, Luz Rivas, Blanca Rubio, Waldron, Wallis, Wicks, Wilson
Prepared by: Margie Estrada / JUD. / (916) 651-4113
8/19/24 12:35:54
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2499 (Schiavo) - Employment: unlawful discrimination and paid sick days: victims of violence
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 2499 expands job protections for an employee who is the victim of a crime, or has a family member who is the victim of a crime.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 15, 2024
Fiscal Impact:
- Ongoing state costs (General Fund) of approximately $629,000 in fiscal year 2024-25 and $613,000 annually thereafter to the Civil Rights Division (CRD) to enforce this expanded unlawful employment practice. CRD estimates that it would receive an additional 50-100 complaints per year if AB 2499 is enacted. CRD anticipates requesting three positions, which would include one Associate Governmental Program Analyst and two Attorney III positions. The anticipated request for $629,000 in FY 2024-2025 would include $7,000 ($500/language) to translate the employer notice required in proposed Government Code section 12945.8(k)(2) into 14 languages. However, CRD notes costs would be absorbable if positions already responsible for this workload at the Department of Industrial Relations (DIR) are transferred to CRD.
- Costs of an unknown, but potentially significant, amount to state agencies for increased staffing costs by expanding job-protected leave for an eligible employee (General Fund, special funds).
Author Amendments:
These amendments make clarifying changes regarding the form employers must use to provide notice to employees about their eligibility for leave. Specifically, the amendments provide that if an employer elects not to user a form developed by the department, the notice shall be substantially similar and inform employees in a clear and concise language that they may be eligible for leave
-- END --
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2499 (Schiavo) - Employment: unlawful discrimination and paid sick days: victims of violence
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 2499 expands job protections for an employee who is the victim of a crime, or has a family member who is the victim of a crime.
Fiscal Impact:
- Ongoing state costs (General Fund) of approximately $629,000 in fiscal year 2024-25 and $613,000 annually thereafter to the Civil Rights Division (CRD) to enforce this expanded unlawful employment practice. CRD estimates that it would receive an additional 50-100 complaints per year if AB 2499 is enacted. CRD anticipates requesting three positions, which would include one Associate Governmental Program Analyst and two Attorney III positions. The anticipated request for $629,000 in FY 2024-2025 would include $7,000 ($500/language) to translate the employer notice required in proposed Government Code section 12945.8(k)(2) into 14 languages. However, CRD notes costs would be absorbable if positions already responsible for this workload at the Department of Industrial Relations (DIR) are transferred to CRD.
- Costs of an unknown, but potentially significant, amount to state agencies for increased staffing costs by expanding job-protected leave for an eligible employee (General Fund, special funds).
Background:
Existing law affords some employees options for job-protected unpaid leave, such as the California Family Rights Act, to care for an ailing child, parent, spouse or domestic partner. Several other programs, including Disability Insurance and Paid Family Leave, also offer some employees the option to take partial wage replacement leave. Most recently, AB 1949 (Low), Chapter 767, Statutes of 2022, required employers to provide employees with up to five days of unpaid bereavement leave and SB 848 (Rubio), Chapter 724, Statutes of 2023, granted similar protection to an employee for reproductive loss leave.
Existing law also provides certain job protections and reasonable accommodations under the Labor Code to a victim of a crime, defined as (a) a victim of stalking, domestic violence, or sexual assault, (b) a victim of a crime that caused physical injury or caused mental injury with a threat of physical injury, and (c) a person whose immediate family member is deceased as the direct result of a crime. However, many instances of crime are not covered under this existing law, which applies only to an employer with 25 or more employees.
Proposed Law:
This bill does all of the following:
- Moves provisions from the Labor Code currently enforced by DIR, that allow employees to take time off of work for specified purposes when they are the victims of specified crimes, to the Fair Employment and Housing Act (FEHA), which is enforced by CRD;
- Expands the list of crimes for which employees are entitled to take time off to include:
- Domestic violence;
- Sexual assault;
- Stalking;
- An act, conduct, or pattern of conduct in which an individual causes bodily injury or death to another individual; an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual; or in which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
- Allows employees to take time off to help family members, as defined, who are the victims of the specified crimes for specified purposes;
- Authorizes employers to limit the amount of time the employees can take off of work for the above purposes, as specified; and,
- Authorizes employees to use their entitled paid sick leave for these purposes.
-- END --
SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT
Senator Lola Smallwood-Cuevas, Chair
2023 - 2024 Regular
Bill No: AB 2499 Hearing Date: July 3, 2024
Author: | Schiavo | ||
Version: | June 6, 2024 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alma Perez-Schwab | ||
SUBJECT: Employment: unlawful discrimination and paid sick days: victims of violence
KEY ISSUES
This bill (1) moves provisions from the Labor Code, that allow employees to take time off of work for specified purposes when they are the victims of specified crimes, to the Fair Employment and Housing Act (FEHA); (2) expands the list of crimes for which employees are entitled to take time off; (3) allows employees to take time off to help family members, as defined, who are the victims of the specified crimes for specified purposes; (4) authorizes employers to limit the amount of time the employees can take off of work for the above purposes, as specified; and (5) authorizes employees to use their entitled paid sick leave for these purposes.
ANALYSIS
Existing law:
- Establishes the Civil Rights Department (CRD) to, among other things, enforce California’s Fair Employment and Housing Act (FEHA) and certain civil rights laws in order to protect Californians from discrimination in employment, housing, businesses, state-funded programs, and from bias-motivated violence, and from human trafficking. (Government Code §12900 et seq.)
- Establishes the Division of Labor Standards Enforcment (DLSE), under the direction of the Labor Commissioner (LC), within the Department of Industrial Relations (DIR), to enforce, among other things, wage and hour laws, anti-retaliation provisions, and employer notice requirements. (Labor Code §79 et seq.)
- Provides that an employer shall 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 of their requirement to serve.
- Appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding or to obtain or attempt to obtain any relief if the employee is a victim of a crime. (Labor Code §230 (a)-(c))
- Prohibits an employer from discharging or in any manner discriminating or retaliating against an employee because of the employee’s status as a victim of crime or abuse, if the employee provides notice to the employer of the status or the employer has actual knowledge of the status. (Labor Code §230 (e))
- Requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. (Labor Code §230 (f)(1))
- Provides that an 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 their employer because the employee has taken time off, as specified, shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. (Labor Code §230 (g)(1))
- Provides that an employee who is discharged, threatened with discharge, demoted or suspended, or in any other manner discriminated against, as specified, for exercising their rights pursuant to the above provisions may file a complaint with the LC. (Labor Code §230 (h)(1))
- Prohibits an employer with 25 or more employees from discharging, discriminating or retaliating against an employee who is a victim of stalking, domestic violence, sexual assault, or of a crime that caused physical injury or that caused mental injury and a threat of physical injury, or whose immediate family member is deceased as the direct result of a crime, for taking time off from work for any of the following purposes:
- To seek medical attention for injuries caused by crime or abuse.
- To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse.
- To obtain psychological counseling or mental health services related to an experience of crime or abuse.
- To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation. (Labor Code §230.1 (a))
- Provides that an 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 their employer because the employee has taken time off for a purpose set forth in (8), above, is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. (Labor Code §230.1 (c))
- States that an 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. (Labor Code §230.1 (c))
- Provides that an employee who is discharged, threatened with discharge, demoted or suspended, or in any other manner discriminated against, as specified, for exercising their rights protected in 8), above, may file a complaint with the LC. (Labor Code §230.1 (d)(1))
- Requires employers to inform each employee of their rights, as specified. Requires the information to be provided to new employees upon hire and to other employees upon request and requires the LC to develop a form that an employer may use to comply with the notice requirements. (Labor Code §230.1 (h)(1)-(2))
- Defines: “child” as a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis; “domestic partner” as having the same meaning as defined in Family Code section 297; “grandchild” as a child of the employee’s child; “grandparent” as a parent of the employee’s parent; “parent” as a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child; “parent-in-law” as the parent of a spouse or domestic partner; “sibling” as a person related to another person by blood, adoption, or affinity through a common legal or biological parent. (Government Code §12945.2 (b))
This bill:
- Moves existing provisions regarding protected time off for an employee to attend jury duty or attend to their needs as a victim of a crime from the Labor Code to the Government Code and places those provisions under the Fair Employment and Housing Act (FEHA).
- Replaces references to an experience of "crime or abuse" with the term "qualifying act of violence."
- Defines “qualifying act of violence” to mean any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
- Domestic violence.
- Sexual assault.
- Stalking.
- An act, conduct, or pattern of conduct that includes any of the following:
- In which an individual causes bodily injury or death to another individual.
- In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
- In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
- Entitles an employee working for an employer with 25 or more employees who has a family member, as defined, who is a victim of a qualifying act of violence to certain protections, including, among other things:
- Taking time off from work without discrimination or retaliation to assist a family member to obtain or attempt to obtain relief. Relief includes, among other things, a temporary restraining order or other injunctive relief.
- Taking time off from work without discrimination or retaliation to assist a family member to obtain victim services that include, among other things, obtaining medical attention to recover from injuries, seeking or obtaining services from a domestic violence shelter, obtaining psychological counseling, participating in safety planning, and providing care to a family member who is recovering from injuries caused by the qualifying act of violence.
- Expands on existing anti-discrimination provisions to specify that an employee who is a victim or who has a family member who is a victim of a qualifying act of violence may take time off without discrimination or retaliation, for additional reasons, including:
- To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
- To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
- To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
- To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
- Updates the definition of “family member” to mean a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner as those terms are defined in Government code section 12945.2, or designated person.
- Defines “designated person” as any individual not related by blood whose association with the employee is the equivalent of a family relationship.
- Provides that an employer may limit an employee to one designated person per 12-month period for leave pursuant to the bill.
- Defines “employer” to mean any person who directly employs one or more persons to perform services for a wage or salary; and the state, and any political or civil subdivision of the state and cities.
- Extends an employer's obligation to provide reasonable accommodations for an employee who is a victim to an employee whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the employee while at work.
- Clarifies that an employee who is a victim or whose family member is a victim may use paid sick leave for time off to attend to their needs or ensure their safety.
- Authorizes an employee to use vacation, personal leave, paid sick 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 per the above.
- Authorizes an employer to limit the total leave taken as follows:
- Limit leave taken to 12 weeks.
- If an employee’s family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave to relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare, then the employer may limit the total leave taken to 5 days.
- If an employee’s family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employer may limit the total leave taken to 10 days.
- Specifies that leave taken pursuant to this bill shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the Moore-Brown-Roberti Family Rights Act, commonly referred to as the California Family Rights Act, if the employee would have been eligible for that leave.
- Makes it an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under these provisions.
- Requires employers to inform each employee of their rights pursuant to these provisions in writing upon the employee's hire, on an annual basis, at any time upon request, and at any time an employee informs an employer that the employee or the employee's family member is a victim.
- Requires the CRD to do the following:
- Develop a form setting forth the rights and duties of employers and employees under these provisions for employer use to comply with the notice requirements;
- Provide the notice in various languages, including any other language that is spoken by a substantial number of non-English-speaking people, as specified;
- Ensure that the notice include information about other available leaves or wage replacement programs for which they may be eligible.
- Create and post the form on its internet website on or before July 1, 2025.
COMMENTS
1. Background:
As noted by the Assembly Judiciary analysis of this bill:
“For nearly 25 years, California law has prohibited employers from taking adverse action against employees who are victims of crime and need to take time off from work because of it. SB 56 (Chap. 340, Stats. 1999) amended the Labor Code to allow victims of domestic violence to take unpaid leave from work, but only for the limited purposes of appearing in court to obtain or attempt to obtain relief for health, safety or welfare of the victim or the victim's child.
The following year AB 2357 (Chap. 487, Stats. 2000) enacted the Victims of Domestic Violence Employment Leave Act, which prohibited an employer with 25 or more employees from taking any adverse action against an employee who is a victim of domestic violence and who takes time off to seek medical attention, obtain services from a domestic violence program, or obtain psychological counseling. Subsequent legislation extended these protections to include victims of sexual assault and stalking, and SB 400 (Chap. 759, Stats. 2013) required an employer to provide “reasonable accommodations” for employees who were victims of domestic violence, sexual assault, or stalking, and needed certain accommodations to ensure their safety while at work.
Four years ago, AB 2992 (Chap. 224, Stats. 2020) expanded these provisions to prohibit an employer with 25 of more employees from taking action against an employee who is a victim of any violent crime (not just domestic violence, sexual assault, stalking). In addition, AB 2992 expanded then-existing law by prohibiting an employer from taking an adverse action against an employee who had a family member who was a victim of a homicide and needed to take time off.”
2. DIR, CRD or EDD?
Existing law establishes the Department of Industrial Relations (DIR) in the Labor and Workforce Development Agency (LWDA) and vests it with various powers and duties to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. As noted under existing law above, Labor Code provisions entitle employees who are discriminated or retaliated against for exercising their rights as victims of specified crimes to file a complaint with the Division of Labor Standards Enforcement (within DIR) and seek relief.
Existing law also establishes the Civil Rights Department (CRD) to, among other things, enforce California’s Fair Employment and Housing Act (FEHA) and certain civil rights laws in order to protect Californians from discrimination in employment, housing, businesses, state-funded programs, and from bias-motivated violence, and from human trafficking. Also housed within CRD are, among others, laws providing employees with job-protected access to leave under the California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), and protections under the Disabled Persons Act and the California Trafficking Victims Protection Act.
Existing law additionally establishes the Employment Development Department (EDD) to, among other duties, administer the Unemployment Insurance and State Disability Insurance programs, including, as part of the SDI, the Paid Family Leave (PFL) program. PFL entitles eligible employees up to eight weeks of wage replacement benefits within a 12-month period to workers who need to take time off work to care for specified family members, bond with a new child, or participate in a qualifying event due to military deployment.
This bill – CRD administration
According to the author and advocates, gaps in existing law place survivors of crime in the untenable position of having to choose between their safety and their jobs. This bill revises, recasts and expands on existing available employment protections for victims of specified crime, in addition to extending the use of these protections for employee’s assisting specified family members and designated persons who are victims. By moving the existing and expanded provisions of these protections from the Labor Code to the Government Code under FEHA, this bill would ensure that similar leave provisions are administered by the same governmental entity under the CRD.
This bill – extension to family members and designated persons
As noted in existing law, the current job protection options available apply to employees who need to take time off from work because they are victim of the specified crimes, not to employees who may need to provide care or support for others in their family that may need help. This bill fills that gap by extending those protections as such. Additionally, by including the ability to take leave to assist a “designated person,” this bill recognizes the chosen family.
According to an article by the Center for American Progress, “millions of people rely on chosen family—individuals who form close bonds akin to those traditionally thought to occur in relationships with blood or legal ties—for caregiving support. Chosen families are particularly meaningful for Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) individuals, many of whom have strained relationships with blood relatives or have close partners to whom they are not legally married or in a registered domestic partnership.” [1] Additionally, according to a U.S. Census Bureau report, “multigenerational households may be more likely to reside in areas where new immigrants live with their relatives, and in areas where housing shortages or high costs force families to double up their living arrangements.
This extension of law for a designated person currently exists under other provisions of existing law. AB 1041 (Wicks, Chapter 748, Statutes of 2022) added a “designated person” to the list of individuals for whom an employee may take leave to care for under CFRA and the Healthy Workplaces, Healthy Families Act of 2014 (Paid Sick Days).
3. Need for this bill?
According to the author:
“Current law recognizes the state’s role in protecting the economic security of survivors who need to take unpaid time off for specific safety and recovery reasons, but its application is limited, can be confusing, and leaves out crucial family needs stemming from victimization. Some survivors of violence can take unpaid job-protected time off to access healthcare, victim services, or to engage in safety planning. Other common reasons survivors need to take leave due to victimization are not covered under existing law. Loved ones who are impacted by violence and need to take unpaid leave to support their family or themselves in seeking safety or healing are not protected under California law. No employee who is a victim or has a loved one who is a victim of violence should have to choose between safety and losing their job.
AB 2499 fills the gaps in the state’s current approach, strengthens these protections, and ensures victims of violence and their loved ones have access to job-protected unpaid time off that they need to meet critical recovery, safety, and legal needs after victimization. This approach also benefits employers because when employees have the time they need to ensure their and their families’ safety and recovery, they are more likely to return to work as productive members of the team.”
4. Proponent Arguments:
According to a coalition letter from proponents, including the sponsors of the measure:
“One in six victims of violent crime report losing their jobs or being demoted because they need to take time off following the victimization and in one study, over 90% of employed women experiencing domestic violence reported that they had resigned or been terminated within the previous two years as a result of their abuse. This is because, too often, survivors have to make a choice between staying employed or taking necessary steps to preserve their safety. This is critical, given that 7 in 10 victims describe feeling unsafe or scared following a traumatic event. While current law offers some protection to survivors who need to take time off for specific recovery and safety related reasons, its application is somewhat limited and leaves out certain crucial needs stemming from victimization. AB 2499 will address existing shortcomings by ensuring survivors and their loved ones the ability to take limited, necessary, capped, and unpaid time off for specific reasons related to safety and recovery.
This bill will permit reasonable safety-related accommodations for survivors of more forms of violence, recognize additional common reasons survivors need to take unpaid time off from work, allow family members of survivors to take necessary unpaid time off to support their loved ones in achieving safety and recovery, allow family members to use their pre-existing paid sick days for covered purposes, and streamline the process through which survivors can learn about and assert their rights.”
5. Opponent Arguments:
A coalition of employers, including the California Chamber of Commerce, is opposed to the measure arguing:
“We appreciate the amendments that have been taken on this bill and understand the importance of this issue. However, California’s businesses have been subject to nine new leaves in just the last four years. Some of those leaves address the same circumstances addressed in this bill. While one more leave in isolation may not seem burdensome, it is important to view this proposal as part of the broader set of mandates to which employers are subject, especially our smallest employers. We must continue to oppose the expansion of this 12-week leave.”
6. Double Referral:
This bill was double-referred and prior to our hearing was heard and passed by the Senate Judiciary Committee.
7. Prior/Related Legislation:
AB 1041 (Wicks, Chapter 748, Statutes of 2022) added a “designated person” to the list of individuals for whom an employee may take leave under CFRA and the Healthy Workplaces, Healthy Families Act of 2014 (Paid Sick Days).
AB 1119 (Wicks, of 2021) would have expanded the list of protected characteristics under FEHA to include “family responsibilities,” defined to mean the obligations of an employee to provide direct and ongoing care for a minor child or a care recipient. AB 1119 was held by the Assembly Appropriations Committee.
AB 2366 (Rob Bonta, 2018) would have extended permitted time off protections to victims of sexual harassment and to the immediate family members providing support to victims of sexual harassment, domestic violence, sexual assault and stalking. AB 2366 was held by the Assembly Appropriations Committee.
SB 1383 (Jackson, Chapter 86, Statutes of 2020) expanded the CFRA to provide job-protected leave to additional employees (those working for employers with five or more employees instead of the previous 50 employee threshold) and expanded the list of family members for which an employee can take leave.
SUPPORT
Californians for Safety and Justice (Co-Sponsor)
Crime Survivors for Safety and Justice (Co-Sponsor)
Legal Aid at Work (Co-Sponsor)
AAUW California
American Federation of State, County and Municipal Employees
Asian Law Alliance
BreastfeedLA
Calegislation
California Breastfeeding Coalition
California Catholic Conference
California Child Care Resource and Referral Network
California Domestic Workers Coalition
California Employment Lawyers Association
California Immigrant Policy Center
California Labor Federation, AFL-CIO
California NOW
California Partnership to End Domestic Violence
California Rural Legal Assistance Foundation
California Teachers Association
California Women's Law Center
California Work & Family Coalition
Californians United for A Responsible Budget
Caring Across Generations
Center for Community Action and Environmental Justice
Center for Workers' Rights
Child Care Law Center
Citizens for Choice
Communities United for Restorative Youth Justice (CURYJ)
Community Legal Services in East Palo Alto
Courage California
Disability Rights California
Electric Universe
Ella Baker Center for Human Rights
Empowering Women Impacted by Incarceration
Equal Rights Advocates
Food Empowerment Project
Friends Committee on Legislation of California
Fund Her
GRACE/End Child Poverty in California
Human Impact Partners
Initiate Justice
Initiate Justice Action
Jewish Center for Justice
LA Alliance for A New Economy
LA Best Babies Network
National Council of Jewish Women CA
National Council of Jewish Women Los Angeles
National Partnership for Women & Families
Orange County Equality Coalition
Our Family Coalition
Parent Voices California
Poder Latinx
Prosecutors Alliance Action
Prosecutors Alliance of California
Public Counsel
SEIU California
Sister Warriors Freedom Coalition
Smart Justice California
TechEquity Action
UAW Region 6
UFCW - Western States Council
Western Center on Law & Poverty, INC.
W.O.M.A.N., Inc.
Working Partnerships USA
Worksafe
Young Women's Freedom Center
OPPOSITION
Acclamation Insurance Management Services
Allied Managed Care
American Petroleum and Convenience Store Association
Anaheim Chamber of Commerce
Associated General Contractors
Associated General Contractors of San Diego
Brea Chamber of Commerce
California Association for Health Services At Home
California Association of Health Facilities
California Association of Joint Powers Authorities (CAJPA)
California Builders Alliance
California Business Properties Association
California Business Roundtable
California Chamber of Commerce
California Farm Bureau
California Farm Labor Contractor Association
California Financial Services Association
California Fitness Alliance
California Landscape Contractor's Association
California League of Food Producers
California Lodging Industry Association
California Manufacturers and Technology Association
California Restaurant Association
California Retailers Association
California State Council of the Society for Human Resource Management (CalSHRM)
Carlsbad Chamber of Commerce
Chino Valley Chamber of Commerce
Civil Justice Association of California
Coalition of Small and Disabled Veteran Businesses
Construction Employers' Association
Corona Chamber of Commerce
Cupertino Chamber of Commerce
El Dorado County Chamber of Commerce
El Dorado Hills Chamber of Commerce
Elk Grove Chamber of Commerce
Fairfield-Suisun Chamber of Commerce
Family Business Association of California
Flasher Barricade Association
Folsom Chamber of Commerce
Fontana Chamber of Commerce
Garden Grove Chamber of Commerce
Glendora Chamber of Commerce
Greater San Fernando Valley Chamber of Commerce
Housing Contractors of California
Independent Lodging Industry Association.
La Cañada Flintridge Chamber of Commerce
Laguna Niguel Chamber of Commerce
Lincoln Area Chamber of Commerce
Livermore Valley Chamber of Commerce
Long Beach Area Chamber of Commerce
Mammoth Lakes Chamber of Commerce
National Federation of Independent Business
Oceanside Chamber of Commerce
Palos Verdes Peninsula Chamber of Commerce
Paso Robles Templeton Chamber of Commerce
Rancho Cordova Chamber of Commerce
Redondo Beach Chamber of Commerce
Ridgecrest Chamber of Commerce
Rocklin Chamber of Commerce
Roseville Area Chamber of Commerce
Sacramento Metropolitan Chamber of Commerce
Sacramento Regional Builders Exchange
San Juan Capistrano Chamber of Commerce
San Marcos Chamber of Commerce
San Pedro Chamber of Commerce
Santa Maria Valley Chamber of Commerce
Santee Chamber of Commerce
Shingle Springs/Cameron Park Chamber of Commerce
Simi Valley Chamber of Commerce
South Bay Association of Chambers of Commerce
Torrance Chamber of Commerce
West Ventura County Business Alliance
Western Electrical Contractors Association
Western Growers Association
Yuba-Sutter Chamber of Commerce
-- END --
Mahowald, L. and Boesch, D. (2021, February). Making the Case for Chosen Family in Paid Family Medical Leave Policies. https://www.americanprogress.org/article/making-case-chosen-family-paid-family-medical-leave-policies/ ↑
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: AB 2499 (Author:Schiavo)
Version: June 6, 2024
Hearing Date: June 18, 2024
Fiscal: Yes
Urgency: No
Consultant: ME
SUBJECT
Employment: unlawful discrimination and paid sick days: victims of violence
DIGEST
This bill moves provisions from the Labor Code, that allow employees to take time off of work for specified purposes when they are the victims of specified crimes and when specified family members are the victims of specified crimes that resulted in death, to the Fair Employment and Housing Act (FEHA). The bill also expands the list of crimes for which employees are entitled to take time off. Additionally, the bill allows employees to take time off to help family members, as defined, who are the victims of the specified crimes for specified purposes, even if the crimes did not result in the family member victim’s death. The bill limits the amount of time the employees can take off of work for the above purposes and requires that employees be allowed to take their sick leave for these purposes.
EXECUTIVE SUMMARY
Current law allows crime victims to take time off for specified purposes when they are the victims of crimes and when family members are the victims of specified crimes that resulted in death. According to the author and advocates for crime victims, there are gaps in existing law that put many survivors in the position of choosing between their safety and their jobs following their victimization or that of their family members. The provisions of this bill are designed to ensure victims of violence and their family have access to limited unpaid time off to meet specific and critical recovery, safety, and legal needs. This bill seeks to further support victims of crime in tending to their physical and psychological healing, their and their family’s safety, and bringing perpetrators to justice. The bill does this by protecting the victim and their supportive family member’s employment when the victim or family member takes time off.
This bill is sponsored by Californians for Safety and Justice, Crime Survivors for Safety and Justice, and Legal Aid at Work. The bill is supported by survivor groups, employee organizations, and a number of organizations that support survivors and employees. The bill is opposed by a number of organizations that represent employers, including the California Chamber of Commerce, various Chambers of Commerce, the California Retailers Association, and the California Restaurant Association. Should the bill pass out of this Committee it will next be heard in the Senate Labor, Public Employment and Retirement Committee.
PROPOSED CHANGES TO THE LAW
Existing law:
- Establishes the Civil Rights Department (CRD) to, among other things, enforce California’s Fair Employment and Housing Act and certain civil rights laws in order to protect Californians from discrimination in employment, housing, businesses, state-funded programs, and from bias-motivated violence, and from human trafficking. (Gov. Code § 12900 et seq.)
- Establishes the Office of the Labor Commissioner (LC) within the Department of Industrial Relations (DIR), to enforce, among other things, wage and hour laws, anti-retaliation provisions, and employer notice requirements. (Labor Code § 79 et seq.)
- Provides that an employer shall 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 the employee is required to serve.
- Appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding or to obtain or attempt to obtain any relief if the employee is a victim of a crime. (Labor Code § 230 (a)-(c).)
- Prohibits an employer from discharging or in any manner discriminating or retaliating against an employee because of the employee’s status as a victim of crime or abuse, if the employee provides notice to the employer of the status or the employer has actual knowledge of the status. (Labor Code § 230 (e).)
- Requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. (Labor Code § 230 (f)(1).)
- Provides that an 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 their employer because the employee has taken time off, as specified, shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. (Labor Code § 230 (g)(1).)
- Provides that an employee who is discharged, threatened with discharge, demoted or suspended, or in any other manner discriminated against, as specified, for exercising their rights pursuant to the above provisions may file a complaint with the LC. (Labor Code § 230 (h)(1).)
- Prohibits an employer with 25 or more employees from discharging, discriminating or retaliating against an employee who is a victim of stalking, domestic violence, sexual assault, or of a crime that caused physical injury or that caused mental injury and a threat of physical injury, or whose immediate family member is deceased as the direct result of a crime, for taking time off from work for any of the following purposes:
- To seek medical attention for injuries caused by crime or abuse.
- To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse.
- To obtain psychological counseling or mental health services related to an experience of crime or abuse.
- To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation. (Labor Code § 230.1 (a).)
- Provides that an 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 their employer because the employee has taken time off for a purpose set forth in 8), above, is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. (Labor Code § 230.1 (c).)
- States that an 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. (Labor Code § 230.1 (c).)
- Provides that an employee who is discharged, threatened with discharge, demoted or suspended, or in any other manner discriminated against, as specified, for exercising their rights protected in 8), above, may file a complaint with the LC. (Labor Code § 230.1 (d)(1)).
- Requires employers to inform each employee of their rights, as specified. Requires the information to be provided to new employees upon hire and to other employees upon request and requires the LC to develop a form that an employer may use to comply with the notice requirements. (Labor Code § 230.1 (h)(1)-(2).)
- Defines: “child” as a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis; “domestic partner” as having the same meaning as defined in Family Code section 297; “grandchild” as a child of the employee’s child; “grandparent” as a parent of the employee’s parent; “parent” as a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child; “parent-in-law” as the parent of a spouse or domestic partner; “sibling” as a person related to another person by blood, adoption, or affinity through a common legal or biological parent. (Gov’t Code § 12945.2 (b).)
This bill:
- Moves provisions regarding protected time off for an employee to attend jury duty or to attend to their needs and ensure their safety as a victim of a crime from the Labor Code to the Government Code and places those provisions under the FEHA.
- Replaces references to an experience of "crime or abuse" with the term "qualifying act of violence."
- Entitles an employee working for an employer with 25 or more employees who has a family member, as defined, who is a victim of a qualifying act of violence to certain protections, including, among other things:
- Taking time off from work without discrimination or retaliation to assist a family member to obtain or attempt to obtain relief. Relief includes, among other things, a temporary restraining order or other injunctive relief.
- Taking time off from work without discrimination or retaliation to assist a family member to obtain victim services that include, among other things, obtaining medical attention to recover from injuries, seeking or obtaining services from a domestic violence shelter, obtaining psychological counseling, participating in safety planning, and providing care to a family member who is recovering from injuries caused by the qualifying act of violence.
- Defines qualifying act of violence to mean any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
- Domestic violence.
- Sexual assault.
- Stalking.
- An act, conduct, or pattern of conduct that includes any of the following:
- In which an individual causes bodily injury or death to another individual.
- In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
- In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
- Updates the definition of family member to mean a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner as those terms are defined in Government code section 12945.2, or designated person. Defines “designated person” as any individual not related by blood whose association with the employee is the equivalent of a family relationship. Provides that an employer may limit an employee to one designated person per 12-month period for leave pursuant to the bill.
- Defines employer to mean: any person who directly employs one or more persons to perform services for a wage or salary; and the state, and any political or civil subdivision of the state and cities.
- Provides that an employee who is a victim or who has a family member who is a victim may take time off without discrimination or retaliation, for additional reasons, including, among other things:
- To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
- To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
- To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
- Extends an employer's obligation to provide reasonable accommodations for an employee who is a victim to an employee whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the employee while at work.
- Clarifies that an employee who is a victim or whose family member is a victim may use sick leave for time off to attend to their needs or ensure their safety.
- Specifies that an employer may limit the total leave taken to 12 weeks.
- Specifies that if an employee’s family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave to relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare, then the employer may limit the total leave taken to 5 days.
- Specifies that if an employee’s family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employer may limit the total leave taken to 10 days, except that the employer may limit the total amount of leave taken to 5 days as described in 11) above.
- Specifies that leave taken pursuant to this bill shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the Moore-Brown-Roberti Family Rights Act, commonly referred to as the California Family Rights Act, if the employee would have been eligible for that leave.
- Provides that the employer provide notice to employees of their rights under these provisions and this notice shall be given, upon the employee's hire, on an annual basis, at any time upon request, and at any time an employee informs an employer that the employee or the employee's family member is a victim.
- Provides that the notice to the employee shall also include information about other available leaves or wage replacement programs.
- Requires the CRD to post the form for the notice in various languages, including any other language that is spoken by a substantial number of non-English-speaking people, as specified, on the CRD's internet website. Requires the CRD to create the form and post it on or before July 1, 2025.
COMMENTS
- Stated need for the bill
According to the author:
AB 2499 will address shortcomings in the state’s current approach to leave and workplace protections for victims and survivors of violence, by ensuring survivors and their loved ones the ability to take necessary time off for specific reasons related to safety and recovery.
The bill will recognize additional common reasons survivors need to take unpaid time off from work, allow family members of survivors to take necessary unpaid time off to support their loved ones in achieving safety and recovery, allow family members to use their pre-existing paid sick days for covered purposes, and streamline the process through which survivors can learn about and assert their rights. This bill will also permit reasonable safety-related accommodations for survivors of more forms of violence - consistent with the types of violent victimization experiences currently included in leave protections - and include family members in those protections.
This proposal benefits employers because when employees have the time they need to ensure their and their families’ safety and recovery, they are more likely to return to work as productive members of the team. Protections for survivors and their family members also promote a diverse and strong workforce.
2. Stakeholder positions
Legal Aid at Work, Californians for Safety and Justice, Crime Survivors for Safety and Justice, who are sponsors of this bill, and a broad coalition of groups who support and represent crime victims, marginalized communities, and employees write the following in support of AB 2499:
[W]e write to express our support for Assembly Bill 2499 (Schiavo), a bill that will ensure that family members of living direct victims and survivors of domestic violence, sexual assault, stalking, and other violence can take unpaid time off to address safety concerns, to heal, or to support their family.
One in six victims of violent crime report losing their jobs or being demoted because they need to take time off following the victimization and in one study, over 90% of employed women experiencing domestic violence reported that they had resigned or been terminated within the previous two years as a result of their abuse. This is because, too often, survivors have to make a choice between staying employed or taking necessary steps to preserve their safety. This is critical, given that 7 in 10 victims describe feeling unsafe or scared following a traumatic event. While current law offers some protection to survivors who need to take time off for specific recovery and safety related reasons, its application is somewhat limited and leaves out certain crucial needs stemming from victimization.
AB 2499 will address existing shortcomings by ensuring survivors and their loved ones the ability to take limited, necessary, capped, and unpaid time off for specific reasons related to safety and recovery. This bill will permit reasonable safety-related accommodations for survivors of more forms of violence, recognize additional common reasons survivors need to take unpaid time off from work, allow family members of survivors to take necessary unpaid time off to support their loved ones in achieving safety and recovery, allow family members to use their pre-existing paid sick days for covered purposes, and streamline the process through which survivors can learn about and assert their rights.
No sibling should be fired for taking a day off to help their sister move from a violent home and no parent should be terminated for holding their child’s hand in court when their child has experienced a violent crime. When survivors have to choose between their safety and their job, families are destabilized economically and businesses lose productive employees. For these reasons, we ask that you support Assembly Bill AB 2499 (Schiavo).
In support, Prosecutors Alliance of California, writes:
The Prosecutors Alliance of California (PAC) is a membership organization of more than 4,000 prosecutors, victim advocates and allies committed to reforming California's criminal justice system through smart, safe, and modern solutions that advance public safety, human dignity and community well-being. The advisory committee of PAC consists of the elected district attorneys of Alameda, Los Angeles, and Contra Costa counties, representing 32% of the state, as well as line prosecutors, former elected district attorneys, researchers, community advocates and policy experts.
AB 2499 will permit reasonable safety-related accommodations for survivors of violence to take unpaid time off from work, and allow family members of crime survivors to take unpaid time off to support their loved ones in court and in other ways.
The bill will provide that if an employee provides an employer adequate advance notice of the need to take time off, to care of themselves or a family member who suffered violence, that the employee shall not be fired or discriminated against for reasonable steps, including:
- Seeking care for themselves or a family member from a rape crisis center, victim service organization, or domestic violence shelter;
- Seeking a restraining order;
- Seeking psychological care to recover from violence;
- Relocating or helping a family member relocate to escape violence;
- Preparing for a criminal or civil action.
No parent should be terminated for being in court to support their child who has to testify to their victimization. No one should be fired for taking a day off to get their sister out of the home of an abuser, or to court to seek a restraining order to save their life.
The California Chamber of Commerce removed AB 2499 from their “Job Killer” list because of the June 6, 2024 amendments to the bill; however, they remain opposed to the bill together with a number of local Chambers of Commerce, the California Restaurant Association, California Retailers Association, California Farm Bureau, and a number of other organizations who represent employers. They write the following about their opposition to the bill in their most recent letter:
We appreciate the amendments that have been taken on this bill and understand the importance of this issue. However, California’s businesses have been subject to nine new or expanded leaves in just the last four years. Some of those leaves address the same circumstances addressed in this bill. While one more leave in isolation may not seem burdensome, it is important to view this proposal as part of the broader set of mandates to which employers are subject, especially our smallest employers. We must continue to oppose the expansion of another leave.
3. Codifies further support for victims of crimes and the family members that support them
Under current law employers are prohibited from discharging or in any manner discriminating against an employee because of the employee’s status as a victim of crime or abuse or for taking time off for specified purposes, including serving on a jury, and, if the employee is a victim of a crime, appearing in court as a witness in any judicial proceeding, and obtaining or attempting to obtain prescribed relief. Employers are required to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who request an accommodation for the safety of the victim while at work. Employees who are discriminated or retaliated against because they have exercised these rights may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations.
Additionally employers with 25 or more employees are prohibited from discharging, or in any manner discriminating or retaliating against, an employee who is a victim, for taking time off from work to seek medical attention for injuries caused by crime or abuse, to obtain certain services as a result of the crime or abuse or related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. Employees who are discriminated or retaliated against because they have exercised these rights are entitled to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations. The provisions in current law are in the Labor Code.
The author and advocates for crime survivors note that gaps in existing law continue to place survivors in the untenable position of choosing between their safety and their jobs following victimization. Advocates contend that this legislation will provide consistency and clarity across employment protections for survivors, and ensure victims of violence and their loved ones have access to limited unpaid time off to meet specific and critical recovery, safety, and legal needs. Specifically, this bill revises and recasts the above jury, court, and victim time off provisions for employees as unlawful employment practices within the California Fair Employment and Housing Act and subject to enforcement by CRD. The bill prohibits an employer with 25 or more employees from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off work for additional prescribed purposes relating to a qualifying act of violence. The bill permits an employer to limit the total leave taken pursuant to these provisions (10 days or 5 days for family members, depending on what they are attending to, and 12 weeks for victims) and requires that the leave taken by an employee pursuant to these provisions run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the California Family Rights Act if the employee would have been eligible for that leave. The bill expands the eligibility for reasonable accommodations to include an employee who is a victim or whose family member is a victim of a qualifying act of violence for the safety of the employee while at work. The bill requires an employer to inform each employee of their rights under the bill, to be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employee’s family member is a victim.
As described above, there are some job protections for victims of crimes. However, job protections do not generally extend to family members who provide critical support to their relative when they are victims of crime. Just as family members can provide critical support during times of illness, the presence and assistance of family members can be vital to the recovery for victims of sexual assault, domestic violence, stalking, and other crimes that impact a person’s safety. Recognizing this, the author introduced this bill to extend to family members the possibility of taking job-protected time off to help family members, who are the victims of the specified crimes. The bill also expands the list of crimes for which employees and their families are entitled to take time off of work. The bill limits the amount of time the employees and family members can take off of work and requires that employees be allowed to take their sick leave for these purposes.
4. The problem and need for the bill
The author provided the following information to the Committee in support of the bill:
One in six victims of violent crime report losing their jobs or being demoted because they need to take time off following the victimization.[1] And, more than half (53%) of survivors of domestic violence report losing a job because of the abuse.[2] This is because, too often, survivors have to make a choice between staying employed or taking necessary steps to preserve their safety. When surveyed, 7 in 10 victims describe feeling unsafe or scared following a victimization.[3] […]
Some survivors of violence can take unpaid job-protected time off to access medical or mental healthcare, victim services, or to engage in safety planning. But other common reasons survivors need to take time off due to victimization are not covered under existing law.
What’s more, the constellation of loved ones who are impacted by violence and need to take time off for their or their loved ones safety or recovery are not protected under California law – family members of direct victims who may also face threats of violence or need to help a loved one who has experienced violence get to safety have no recourse.
No employee who has been a victim of a violent crime or who has a loved one who has been victimized should have to choose between their or their family’s safety and avoiding the financial consequences of losing their job.
Under current law, for example, the following workers have no protection:
- A fast food worker who needs to take an hour off of work in the morning so that they can drive their child to school, because their child cannot safely take the bus due to threats of violence.
- A construction worker who needs a day off to help his daughter and grandchildren move from the apartment they share with the daughter’s abusive spouse while the spouse is away at work.
- A nurse who needs an afternoon off to go to court with their brother to help him seek a restraining order.
- A janitor who needs to seek legal services on behalf of their minor child who was sexually assaulted at work.
SUPPORT
Californians for Safety and Justice (sponsor)
Crime Survivors for Safety and Justice (sponsor)
Legal Aid at Work (sponsor)
AAUW California
American Federation of State, County, and Municipal Employees, AFL-CIO
Asian Law Alliance
BreastfeedLA
California Breastfeeding Coalition
California Catholic Conference
California Child Care Resource & Referral Network
California Domestic Workers Coalition
California Immigrant Policy Center
California NOW
California Partnership to End Domestic Violence
California Rural Legal Assistance Foundation
Californians for Safety and Justice
California Teachers Association
California Work & Family Coalition
Caring Across Generations
Center for Community Action and Environmental Justice
Center for Workers’ Rights
Child Care Law Center
Citizens for Choice
Community Legal Services in East Palo Alto
Courage California
Crime Survivors for Safety and Justice
Electric Universe
Equal Rights Advocates
Food Empowerment Project
Friends Committee on Legislation of California
GRACE/End Child Poverty California
Human Impact Partners
Jewish Center for Justice
LA Alliance for a New Economy
LA Best Babies Network
National Council of Jewish Women Los Angeles
National Coalition of Jewish Women-California
National Partnership for Women & Families
Orange County Equality Coalition
Our Family Coalition
Parent Voices California
Poder Latinx
Prosecutors Alliance Action
Public Counsel
Smart Justice California
TechEquity Action
UAW Region 6
UFCW Western States Council
W.O.M.A.N., Inc.
Working Partnerships USA
Worksafe
Initiate Justice
Prosecutors Alliance of California
OPPOSITION
Acclamation Insurance Management Services
Allied Managed Care
American Petroleum & Convenience Store Association
Anaheim Chamber of Commerce
Association of General Contractors
Associated General Contractors of San Diego
Brea Chamber of Commerce
California Association of Joint Power Authorities
California Association of Health Facilities
California Association for Health Services at Home
California Builders Alliance
California Business Properties Association
California Business Roundtable
California Chamber of Commerce
California Farm Bureau
California Farm Labor Contractor Association
California Financial Services Association
California Landscape Contractor’s Association
California League of Food Producers
California Lodging Industry Association
California Manufacturers and Technology Association
California Restaurant Association
California Retailers Association
California State Council of the Society for Human Resource Management
Carlsbad Chamber of Commerce
Chino Valley Chamber of Commerce
Civil Justice Association of California
Coalition of Small and Disabled Veteran Businesses
Corona Chamber of Commerce
Construction Employers’ Association
Cupertino Chamber of Commerce
El Dorado County Chamber of Commerce
El Dorado Hills Chamber of Commerce
Elk Grove Chamber of Commerce
Fairfield-Suisun Chamber of Commerce
Family Business Association of California
Flasher Barricade Association
Folsom Chamber of Commerce
Fontana Chamber of Commerce
Garden Grove Chamber of Commerce
Glendora Chamber of Commerce
Greater San Fernando Valley Chamber of Commerce
Housing Contractors of California
Independent Lodging Industry Association
La Cañada Flintridge Chamber of Commerce
Laguna Niguel Chamber of Commerce
Lincoln Area Chamber of Commerce
Livermore Valley Chamber of Commerce
Long Beach Area Chamber of Commerce
Mammoth Lakes Chamber of Commerce
National Federation of Independent Business
Oceanside Chamber of Commerce
Palos Verdes Peninsula Chamber of Commerce
Paso Robles and Templeton Chamber of Commerce
Rancho Cordova Chamber of Commerce
Redondo Beach Chamber of Commerce
Ridgecrest Chamber of Commerce
Rocklin Chamber of Commerce
Roseville Area Chamber of Commerce
Sacramento Metropolitan Chamber of Commerce
Sacramento Regional Builders Exchange
San Juan Capistrano Chamber of Commerce
San Marcos Chamber of Commerce
San Pedro Chamber of Commerce
Santa Maria Valley Chamber of Commerce
Santee Chamber of Commerce
Shingle Springs/Cameron Park Chamber of Commerce
Simi Valley Chamber of Commerce
South Bay Association of Chambers of Commerce
Torrance Chamber of Commerce
West Ventura County Business Alliance
Western Electrical Contractors Association
Western Growers Association
Yuba-Sutter Chamber of Commerce
RELATED LEGISLATION
Pending Legislation: None known.
Prior Legislation:
SB 616 (Gonzalez, Ch. 309, Stats. 2023) increased the three days of paid sick leave currently afforded to employees under existing law to five days, as specified. Increased the cap that employers can place on paid sick days from six to 10 days and 48 to 80 hours and increased the number of paid sick days an employee can roll over to the next year from three to five days. Extended procedural and anti-retaliation provisions in existing paid sick leave law to employees covered by a valid collective bargaining agreement that is exempt, if they met specified criteria, from other provisions of the paid sick leave law.
AB 1041 (Wicks, Ch. 748, Stats. 202) Added a “designated person” to the list of individuals for whom an employee may take leave to care for under the California Family Rights Act (CFRA) and the Healthy Workplaces, Healthy Families Act of 2014 (Paid Sick Days). AB 1041 (1) defined “designated person” as a person identified by the employee at the time of the request, and (2) allowed employers to limit the employee to one designated person per 12-month period. For leave under CFRA, this bill also defined “designated person” as an individual related by blood or whose association with the employee is the equivalent of a family relationship.
AB 2992 (Weber, Ch. 224, Stats. 2020) expanded existing protected leave to victims of any violent crime, and to immediate family members of homicide victims; and further allowed additional reasonable forms of documentation to verify that a crime or abuse occurred to determine employee eligibility for protected leave.
AB 628 (Bonta, 2019) would have allowed victims of sexual harassment to take time off from work to obtain relief to ensure their health and safety in the same manner that existing law allowed victims of domestic violence, sexual assault, and stalking to take time off from work, and would have extended job-protected leave to immediate family members of victims. This bill died on the Assembly floor.
PRIOR VOTES:
Assembly Floor (Ayes 56, Noes 8)
Assembly Appropriations Committee (Ayes 10, Noes 4)
Assembly Judiciary Committee (Ayes 7, Noes 2)
Assembly Labor and Employment Committee (Ayes 5, Noes 0)
**************
Alliance for Safety and Justice (2022). Crime Survivors Speak: National Survey of Victims’ Views on Safety and Justice. ↑
Institute for Women’s Policy Research (2018). Dreams Deferred: A Survey on the Impact of Intimate Partner Violence on Survivors’ Education, Careers, and Economic Security. ↑
Alliance for Safety and Justice, Crime Survivors Speak: National Survey of Victims’ Views on Safety and Justice (2022) ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 2499
Author:(Schiavo)
As Amended Ver:May 20, 2024
Majority vote
SUMMARY
Entitles an employee who has a family member who is a victim of a crime to job protected leave to attend to the family member's needs and ensure their safety. Additionally permits both an employee victim and an employee who has a family member who is a victim to use sick leave for time off to obtain victim services. The total leave taken may be capped at 12 weeks.
Major Provisions
- Moves provisions regarding protected time off for an employee to attend jury duty or to attend to their needs and ensure their safety as a victim of a crime from the Labor Code to the Government Code, thus putting those provisions under the Fair Employment and Housing Act.
- Replaces references to an experience of "crime or abuse" with the term "qualifying act of violence."
- Entitles an employee working for an employer with 25 or more employees who has a family member who is a victim of a crime to certain protections, including, among other things:
- Taking time off from work without discrimination or retaliation to assist a family member obtain or attempt to obtain relief. Relief includes, among other things, a temporary restraining order or other injunctive relief.
- Taking time off from work without discrimination or retaliation to assist a family member obtain victim services that include, among other things, obtaining medical attention to recover from injuries, seeking or obtaining services from a domestic violence shelter, obtaining psychological counseling, participating in safety planning, and providing care to a family member who is recovering from injuries caused by the qualifying act of violence.
- Defines qualifying act of violence to mean any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
- Domestic violence.
- Sexual assault.
- Stalking.
- An act, conduct, or pattern of conduct, including any of the following:
- In which an individual causes bodily injury or death to another individual.
- In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
- In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
- Updates the definition of family member to mean a child, parent, grandparent, grandchild, sibling, spouse, domestic partner or designated person, as defined. An employer may limit an employee to one designated person per 12-month period for leave pursuant to the bill.
- Defines employer to mean:
- Any person who directly employs one or more persons to perform services for a wage or salary.
- The state, and any political or civil subdivision of the state and cities.
- Provides that an employee who is a victim or who has a family member who is a victim may take time off without discrimination or retaliation, for additional reasons, including, among other things:
- To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
- To seek, obtain, or assist a family member to seek or obtain financial services, enroll to receive benefits, or meet with a financial professional to address financial issues caused by or aggravated by the qualifying act of violence.
- To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
- To seek, obtain, or provide childcare or care to a care-dependent adult necessary as a result of the qualifying act of violence.
- Extends an employer's obligation to provide reasonable accommodations for an employee who is a victim to an employee whose family member is a victim of a qualifying act of violence who requests an accommodation to be safe at work.
- Clarifies that an employee who is a victim or whose family member is a victim may use sick leave for time off to attend to their needs or ensure their safety.
- States that an employer may limit the total leave taken to 12 weeks and such leave taken shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the Moore-Brown-Roberti Family Rights Act, commonly referred to as the California Family Rights Act, if the employee would have been eligible for that leave.
- Provides that the employer notice to employees of their rights under these provisions shall be given, in addition to upon the employee's hire, on an annual basis, at any time upon request, and any time an employee informs an employer that the employee or the employee's family member is a victim.
- Provides that the notice shall also include information about other available leaves or wage replacement programs to the employee.
- Requires the Civil Rights Department (CRD) to post the form for the notice in various languages, including any other language that is spoken by a "substantial number of non-English-speaking people," as specified, on the CRD's internet website.
- Requires the CRD to create the form and post it on or before January 1, 2025.
COMMENTS
See Policy Committee Analysis.
According to the Author
According to the author, "No employee who has been a victim of a violent crime or who has a loved one who has been victimized should have to choose between their physical or emotional safety and their livelihood. AB 2499 will ensure crime survivors and their loved ones can get to safety and heal after a violent or traumatic event, without worrying about losing their jobs."
The author continues, "AB 2499 will standardize existing protections by ensuring that no victims of violence and their loved ones are forced to choose between keeping their job and accessing safety and healing in the wake of traumatic victimization.
While people from all walks of life are impacted by violence, its effects are concentrated and unequal. Generations of entrenched racism, divestment and extraction, and structural and state violence have cultivated conditions under which low income people of color, immigrants, people with disabilities, and LGBTQ people are significantly more likely to survive violence. Financial insecurity following trauma exacerbates its impacts, and can have lasting impacts on survivors and their employers.
Low wage workers – including immigrants, women and nonbinary workers, and workers of color – who are especially vulnerable to victimization are also least likely to have existing flexibility or leave protections at their jobs. This bill will ensure greater stability and access for survivors and their loved ones who are least protected in the workforce."
Arguments in Support
Legal Aid at Work, co-sponsor of the bill, states, "This bill also addresses survivors' needs for family support and the impact of violence on victims' family members. Family support can make the difference between a survivor being able to secure safety and facing repeated, continuing violence. Not only does the unavailability of family put survivors at greater risk, isolating a survivor from their family is a common tool used in victimization. It is critical that California's laws empower family members and loved ones to support one another in seeking safety in those critical moments. No parent should be fired for helping their daughter move from her abusive partner's home and no sibling should be fired for being there to hold their sister's hand in court when she seeks a restraining order against her stalker. While current law provides no leave to a survivor's family members, AB 2499 would allow family members to access job protected but unpaid leave for specific and defined purposes and also use their existing paid sick days for these purposes. This bill would additionally allow family members to access reasonable accommodations for the purpose of safety."
Arguments in Opposition
A coalition of employer organizations, including the California Chamber of Commerce, is opposed and states, "California currently has robust protections for employees who are victims of violence as well as for employees who need to care for a family member or non-family member. For example, an employee who is a victim of violence can take unlimited time off to seek medical attention, obtain services, or secure a new residence, or ensure the safety of themselves or a child. They can also receive an ongoing accommodation to ensure their safety. Separately, employees are also entitled to 12 weeks of leave under the California Family Rights Act (CFRA) plus another 40 hours of leave under the Healthy Workplace Healthy Family Act, which can be used in small increments, to care for their own injury or that of a family member or non-family member or attend appointments. They can also take up to 40 hours of time off per year to care for a child where their current child care provider or school is unexpectedly unavailable."
FISCAL COMMENTS
According to the Assembly Appropriations Committee,
- Costs of an unknown amount, potentially in excess of $150,000 annually to CRD to enforce this expanded unlawful employment practice (General Fund (GF)). However, CRD notes costs would be absorbable if positions responsible for this workload at the Department of Industrial Relations (DIR) are transferred to CRD.
- By making existing and new job-protected leave provisions an unlawful employment practice enforceable by CRD, this bill may result in new civil actions filed by CRD against an employer, thus increasing cost pressures of an unknown amount to the state court system (Trial Court Trust Fund). However, the magnitude of such actions is likely small, as CRD has an extensive process to attempt to resolve complaints prior to bringing a civil action.
- Costs of an unknown amount to state agencies for increased staffing costs by expanding job-protected leave for an eligible employee (GF and special fund cost pressures).
- Costs of an unknown amount to the AG, DIR, and Department of Social Services to adjust requirements related to paid sick leave, victim services, and CalWORKS, respectively, to reflect expanded job-protected leave (GF and special fund).
According to the Legislative Analyst's Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
VOTES
ASM LABOR AND EMPLOYMENT: 5-0-2
YES: Ortega, Wendy Carrillo, Kalra, Ward, Zbur
ABS, ABST OR NV: Flora, Alanis
ASM JUDICIARY: 7-2-3
YES: Kalra, Bryan, Connolly, Haney, Maienschein, McKinnor, Reyes
NO: Dixon, Sanchez
ABS, ABST OR NV: Bauer-Kahan, Pacheco, Waldron
ASM APPROPRIATIONS: 10-4-1
YES: Wicks, Arambula, Bryan, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
NO: Sanchez, Dixon, Jim Patterson, Ta
ABS, ABST OR NV: Calderon
UPDATED
VERSION: May 20, 2024
CONSULTANT: Megan Lane / L. & E. / (916) 319-2091 FN: 0003310
Date of Hearing: May 1, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2499
Author:(Schiavo) – As Amended Ver:April 17, 2024
Policy Committee: | Labor and Employment | Vote: | 5 - 0 |
Judiciary | 7 - 2 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill expands job protections for an employee who is the victim of a crime, or has a family member who is the victim of a crime.
Specifically, this bill:
- Revises the definition of “victim” to include an individual against whom a “qualifying act of violence” is committed, which is defined to mean an act, conduct, or pattern of conduct in which (a) an individual causes bodily injury or death to another individual, (b) an individual exhibits, draws, brandishes, or uses a firearm or other dangerous weapon with respect to another individual, and (c) an individual uses, or makes a threat to use, force against another individual to cause physical injury or death.
- Recasts, from the Labor Code to the Government Code enforced by the Civil Rights Department (CRD), existing job protections, including taking time off work and provision of a reasonable accommodation, for this broader definition of a “victim” and additionally prohibits an employer from discharging, discriminating, or retaliating against an employee who has a family member who is a victim, thus expanding the reasons for which an employee can take time off work and request a reasonable accommodation.
- Expands such job protections to employees of an employer directly employing five or more persons, instead of 25 or more persons.
- Modifies provisions of other programs that extend certain benefits or protections to a victim by: (a) authorizing an employee to use paid sick leave to take expanded job-protected leave, (b) updating information about the rights of an employee to take expanded job-protected leave on the “Victim Protections and Resources” card the Attorney General (AG) must design and make available by June 1, 2025, and (c) specifying sanctions shall not apply for a failure or refusal to comply with employment requirements under CalWORKS if the recipient states their expanded job-protected leave rights were violated.
- Requires an employer to inform an employee of these rights annually and any time an employee informs the employer that they or their family member is a victim, instead of only upon hire or upon request.
- Requires, by January 1, 2025, CRD, instead of the Labor Commissioner, to develop and post a form that an employer may use to comply with the notice requirement. The form must also include information about other potentially applicable leave programs and be translated into numerous specified languages.
FISCAL EFFECT:
- Costs of approximately $378,000 in fiscal year 2024-25 and $372,000 annually thereafter to CRD to enforce this expanded unlawful employment practice (General Fund (GF)). CRD anticipates needing two additional staff positions to process an additional 50 to 100 complaints. However, CRD notes costs would be absorbable if positions responsible for this workload at the Department of Industrial Relations (DIR) are transferred to CRD.
- By making existing and new job-protected leave provisions an unlawful employment practice enforceable by CRD, this bill may result in new civil actions filed by CRD against an employer, thus increasing cost pressures of an unknown amount to the state court system (Trial Court Trust Fund). However, the magnitude of such actions is likely small, as CRD has an extensive process to attempt to resolve complaints prior to bringing a civil action.
- Costs of an unknown, but potentially significant, amount to state agencies for increased staffing costs by expanding job-protected leave for an eligible employee (GF and special fund cost pressures).
- Costs of an unknown amount to the AG, DIR, and Department of Social Services to adjust requirements related to paid sick leave, victim services, and CalWORKS, respectively, to reflect expanded job-protected leave (GF and special fund).
According to the Legislative Analyst’s Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
- Purpose. According to the author:
No employee who has been a victim of a violent crime or who has a loved one who has been victimized should have to choose between their physical or emotional safety and their livelihood. AB 2499 will ensure crime survivors and their loved ones can get to safety and heal after a violent or traumatic event, without worrying about losing their jobs.
- Support and Opposition. This bill is co-sponsored by Californians for Safety and Justice and Legal Aid at Work, with the latter arguing current labor law protections do “not go far enough to protect survivors at work. Some survivors are excluded based on their employer’s size, many reasons survivors may need leave are not covered, and no protection is provided for family members who need time off to help a loved one.”
This bill is opposed by a large coalition of employer groups led by the California Chamber of Commerce, which argues this bill “expands leave mandates for small businesses, which have already been subject to nine new leave laws in just the last four years” and “To the extent the scenarios are not already covered, it is not clear why an uncapped leave is necessary.”
- Employment Leave Programs and Protections. Existing law affords some employees options for job-protected unpaid leave, such as the California Family Rights Act, to care for an ailing child, parent, spouse or domestic partner. Several other programs, including Disability Insurance and Paid Family Leave, also offer some employees the option to take partial wage replacement leave. Most recently, AB 1949 (Low), Chapter 767, Statutes of 2022, required employers to provide employees with up to five days of unpaid bereavement leave and SB 848 (Rubio), Chapter 724, Statutes of 2023, granted similar protection to an employee for reproductive loss leave.
Existing law also provides certain job protections and reasonable accommodations under the Labor Code to a victim of a crime, defined as (a) a victim of stalking, domestic violence, or sexual assault, (b) a victim of a crime that caused physical injury or caused mental injury with a threat of physical injury, and (c) a person whose immediate family member is deceased as the direct result of a crime. However, many instances of crime are not covered under this existing law, which applies only to an employer with 25 or more employees. This bill broadens the definition of who qualifies as a victim of a crime, expands the law to an employee whose family member is the victim of a crime, as well as an employer with five or more employees, and tasks CRD with enforcement.
Unlike recently enacted legislation that capped bereavement and reproductive loss leave at five days, this bill does not specifically limit the amount of protected time off an employee may take, except that the leave may not exceed, or be in addition to, the 12 weeks of unpaid leave time permitted under the federal Family and Medical Leave Act. While this 12-week limitation mirrors the timeframe for existing victim job protections under the Labor Code, this bill applies those protections to more employees and employers. As noted in the Assembly Judiciary Committee’s analysis of this bill:
the supporters contend that the employee would only be entitled to the time necessary to achieve one of the purposes permitted in the bill. While this may be a reasonable inference, there is nothing in the language of the bill which expressly states that the employee is only entitled to the amount of time needed to take the protective or remedial action, and the opposition’s concern about the lack of a cap is not unreasonable.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: April 16, 2024
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
ABPCA Bill Id:AB 2499
Author:(Schiavo) – As Amended Ver:April 9, 2024
As Proposed to be Amended
SUBJECT: Unlawful employment practices: discrimination for time off
KEY ISSUES:
- should employers be required to provide job-protected leave to an employee when the employee’s family member is the victim of a “qualifying act of violence”?
- Should the requirement for employers to provide job-protected leave to an employee when they, or their family member, is the victim of a “QUALIFYING ACT OF VIOLENCE” APPLY TO EMPLOYERS WITH FIVE OR MORE EMPLOYEES?
SYNOPSIS
Over the last two decades the Legislature has recognized that employees who become victims of domestic violence, sexual assault, stalking, and other crimes or forms of abuse may need to take time off work to ensure their safety and recover from physical and emotional injury. For example, the employee may need to obtain a restraining order, move to a new residence, or seek medical treatment or psychological counseling. Prior to the enactment of the protected leave laws, most employers no doubt made reasonable accommodations when their employees became victims of crime or abuse; but apparently not all of them did, leaving some employees to choose between protecting their safety and well-being and keeping their jobs. This bill provides two significant expansions to existing law. First, whereas existing law affords job-protected leave to employees who are themselves the victim, this bill would guarantee job-protected leave to an employee whose family member was a victim, presumably so that the employee could assist the victim in seeking services or legal remedies. Second, whereas existing law only applies to employers with 25 or more employees, this bill would apply to employers with five or more employees. In addition, the bill moves the job-protected leave statutes from the Labor Code to the Government Code.
This bill recently passed out of the Assembly Labor Committee on a 5-0 vote. It is co-sponsored by Legal Aid at Work and Californians for Safety and Justice and supported by several labor and social justice groups. The bill is opposed by a large coalition of business and employer groups, spearheaded by the California Chamber of Commerce. The author will take amendments in this Committee that address some, but by no means all, of these concerns. The amendments are reflected in the bill summary below and discussed in the analysis.
SUMMARY: Entitles an employee who has a family member who is a victim of crime to job protected leave to attend to the family member’s needs and ensure their safety. Additionally permits both the employee victim and the employee who has a family member who is a victim to use sick leave for time off to obtain victim services. Specifically, this bill:
- Moves provisions regarding protected time off for an employee to attend jury duty or to attend to their needs and ensure their safety as a victim of crime from the Labor Code to the Government Code, thus putting those provisions under the Fair Employment and Housing Act.
- Replaces references to an experience of “crime or abuse” with the term “qualifying act of violence.”
- Entitles an employee who has a family member who is a victim of crime to the following protections afforded to an employee who is a victim:
- Taking time off from work without discrimination or retaliation to assist a family member obtain or attempt to obtain relief. Relief includes, among other things, a temporary restraining order or other injunctive relief.
- Taking time off from work without discrimination or retaliation to assist a family member obtain victim services that include, among other things, obtaining medical attention to recover from injuries, seeking or obtaining services from a domestic violence shelter, or obtaining psychological counseling.
- Defines “qualifying act of violence” to mean domestic violence, sexual assault, stalking, or any conduct that causes bodily injury or death to another person, brandishing or using dangerous weapons, or making a reasonably perceived or actual threat to use force to cause physical injury to another person. Specifies that this conduct constitutes a qualifying act of violence, regardless of whether anyone is arrested, prosecuted, or convicted for committing any crime.
- Updates the definition of family member to mean a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person, as defined.
- Defines employer, for purposes of 3) above, to mean a person who directly employs five or more persons to perform services for a wage or salary.
- Provides that an employee who is a victim or who has a family member who is a victim may take time off without discrimination or retaliation, for additional reasons, including, among other things:
- To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
- To seek, obtain, or assist a family member to seek or obtain financial services, enroll to receive benefits, or meet with a financial professional to address financial issues caused by or aggravated by the qualifying act of violence.
- To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
- To seek, obtain, or provide childcare or care to a care-dependent adult necessary as a result of the qualifying act of violence.
- Extends an employer’s obligation to provide reasonable accommodations for an employee who is a victim to an employee whose family member is a victim of a qualifying act of violence who requests an accommodation to be safe at work. Specifies that permission to carry a telephone at work may constitute a reasonable accommodation for an employee who is a victim or whose family member is a victim of a qualifying act of violence.
- Clarifies that an employee who is a victim or whose family member is a victim may use sick leave for time off to attend to their needs or ensure their safety.
- Requires an employer to provide employees with a prescribed notice of their rights under these provisions, as specified. Requires the Civil Rights Department to create and post the notice, as specified.
EXISTING LAW:
- Establishes the CRD to, among other things, enforce California’s Fair Employment and Housing Act and certain civil rights laws in order to protect Californians from discrimination in employment, housing, businesses, state-funded programs, and from bias-motivated violence, and from human trafficking. (Government Code Section 12900 et seq.)
- Establishes the Office of the Labor Commissioner (LC) within the Department of Industrial Relations (DIR), to enforce, among other things, wage and hour laws, anti-retaliation provisions, and employer notice requirements. (Labor Code Section 79 et seq. Subsequent section numbers reference this code unless otherwise indicated.)
- Provides that an employer shall 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 the employee is required to serve.
- Appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding or to obtain or attempt to obtain any relief if the employee is a victim of a crime. (Section 230 (a)-(c).)
- Prohibits an employer from discharging or in any manner discriminating or retaliating against an employee because of the employee’s status as a victim of crime or abuse, if the employee provides notice to the employer of the status or the employer has actual knowledge of the status. (Section 230 (e).)
- Requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. (Section 230 (f)(1).)
- States that an 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 their employer because the employee has taken time off, as specified, shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. (Section 230 (g)(1).)
- Provides that an employee who is discharged, threatened with discharge, demoted or suspended, or in any other manner discriminated against, as specified, for exercising their rights pursuant to the above provisions may file a complaint with the LC. (Section 230 (h)(1).)
- Prohibits an employer with 25 or more employees from discharging, discriminating or retaliating against an employee who is a victim, for taking time off from work for any of the following purposes:
- To seek medical attention for injuries caused by crime or abuse.
- To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse.
- To obtain psychological counseling or mental health services related to an experience of crime or abuse.
- To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation. (Section 230.1 (a).)
- Provides that an 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 their employer because the employee has taken time off for a purpose set forth in (8) above is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. (Section 230.1 (c).)
- States that an 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. (Section 230.1 (c).)
- Provides that an employee who is discharged, threatened with discharge, demoted or suspended, or in any other manner discriminated against, as specified, for exercising their rights protected in 8) above may file a complaint with the LC. (Section 230.1 (d)(1)).
- Requires employers to inform each employee of their rights described in 8)-11) above. The information shall be provided to new employees upon hire and to other employees upon request. The LC shall develop a form that an employer may use to comply with the notice requirements. (Section 230.1 (h)(1)-(2).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: According to the author, “AB 2499 will address shortcomings in the state’s current approach, by ensuring survivors and their loved ones the ability to take necessary time off for specific reasons related to safety and recovery. The bill will recognize additional common reasons survivors need to take unpaid time off from work, allow family members of survivors to take necessary unpaid time off to support their loved ones in achieving safety and recovery, allow family members to use their pre-existing paid sick days for covered purposes, and streamline the process through which survivors can learn about and assert their rights. This bill will also permit reasonable safety-related accommodations for survivors of more forms of violence - consistent with the types of violent victimization experiences currently included in leave protections - and include family members in those protections.”
A brief history of job-protected leave laws for crime victims. For nearly 25 years, California law has prohibited employers from taking adverse action against employees who are victims of crime and need to take time off from work because of it. SB 56 (Chap. 340, Stats. 1999) amended the Labor Code to allow victims of domestic violence to take unpaid leave from work, but only for the limited purposes of appearing in court to obtain or attempt to obtain relief for health, safety or welfare of the victim or the victim's child. The following year AB 2357 (Chap. 487, Stats. 2000) enacted the Victims of Domestic Violence Employment Leave Act, which prohibited an employer with 25 or more employees from taking any adverse action against an employee who is a victim of domestic violence and who takes time off to seek medical attention, obtain services from a domestic violence program, or obtain psychological counseling. Subsequent legislation extended these protections to include victims of sexual assault and stalking, and SB 400 (Chap. 759, Stats. 2013) required an employer to provide “reasonable accommodations” for employees who were victims of domestic violence, sexual assault, or stalking, and needed certain accommodations to ensure their safety while at work. Four years ago, AB 2992 (Chap. 224, Stats. 2020) expanded these provisions to prohibit an employer with 25 of more employees from taking action against an employee who is a victim of any violent crime (not just domestic violence, sexual assault, stalking). In addition, AB 2992 expanded then-existing law by prohibiting an employer from taking an adverse action against an employee who had a family member who was a victim of a homicide and needed to take time off.
The bill before the Committee extends these protections in two significant ways. First, whereas existing law affords job-protected leave to employees who are themselves the victim, this bill would guarantee job-protected leave to an employee whose family member was a victim, presumably so that the employee could assist the victim in seeking services or legal remedies. Second, whereas existing law only applies to employers with 25 or more employees, this bill would apply to employers with five or more employees. In addition, the bill moves the job-protected leave statutes from the Labor Code to the Government Code.
The bill also makes other changes to existing law. For example, existing law defines “victim” to mean a victim of domestic violence, sexual assault, stalking, or any “crime” that caused physical injury or that caused mental injury or a threat of physical injury, regardless of whether there has been an arrest, prosecution, or conviction. This bill, on the other hand, defines a “victim” to mean a person “against whom a qualifying act of violence has been committed,” and then defines “qualifying act of violence” to mean domestic violence, sexual assault, stalking or any act, conduct, or pattern of conduct which causes bodily injury or death, involves the use or brandishing of a firearm or other dangerous weapon, or which makes a reasonably perceived or actual threat to use force against another individual to cause physical injury or death. As with the existing definition, there is no requirement of an arrest, prosecution, or conviction.
Limits on duration of leave. Among its many objections to this bill, the opposition contends that there is no hard cap on the duration of the job-protected unpaid leave. While it is true that the bill does not expressly impose a fixed duration of unpaid leave, it does state (as does existing law) that its provisions do “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.” Because FMLA authorizes 12 weeks of unpaid leave, the unpaid leave permitted under this bill cannot exceed 12 weeks. However, as the opposition points out, most of the purposes of which a person may seek leave under the bill – e.g. obtaining a restraining order, accessing the services of domestic violence shelter, or arranging for psychological counseling – do not require 12 weeks of unpaid leave. The supporters of this bill respond that time cannot exceed 12 weeks, not that it guarantees 12 weeks; the supporters contend that the employee would only be entitled to the time necessary to achieve one of the purposes permitted in the bill. While this may be a reasonable inference, there is nothing in the language of the bill which expressly states that the employee is only entitled to the amount of time needed to take the protective or remedial action, and the opposition’s concern about the lack of a cap is not unreasonable.
While a hard cap would be inappropriate, given that the amount of time needed will vary with the facts peculiar to each employee’s situation, the author and the sponsor do not wish for the bill to specify that an employer cannot take an adverse action against an employee for taking a “reasonable” amount of time necessary to achieve a permitted purpose. However, there is ample precedent in this part of the law. In addition to allowing unpaid leave, existing law requires an employer to make “reasonable accommodations” to an employee who is a victim of domestic violence, sexual assault, or stalking. To be sure, what is “reasonable” to one person may be “unreasonable” to another, but the term “reasonable” is used throughout the codes. As in the case of what constitutes a “reasonable accommodation,” if the employer and employee cannot reach a consensus on a “reasonable” amount of time and the employer takes an adverse action, the Civil Rights Department or a court will need to decide what was “reasonable.”
The inadequacy of existing protected leave laws. In addition to the lack of cap on the duration of unpaid leave, the opposition raise a number of points about leaves already provided for in existing law, noting that protected leaves have been expanded nine times in the last four years. First, the opponents claim that the bill is “duplicative” in that existing law, including the federal FMLA, the California Family Rights Act (CFRA), and the Healthy Workplace, Healthy Family Act, already cover the many of the situations envisioned by this bill. Opponents claim that, under existing law, employees who are a victim of violence can already take unpaid leave to seek medical attention, and employee members are also permitted to take protected leave to care for a family member who is seriously ill. While existing law does indeed provide robust protections, they do not necessarily address all the needs of a crime victim. For example, existing law allows an employee to take time off to care for a family member who is “seriously ill,” but a crime victim may not be “seriously ill,” but still need the support of a family member to seek legal remedies or to address the trauma induced by the crime or qualifying act of violence. In some cases, it is true, a victim or the family of a victim may be able to rely on an existing law, but this will not always be the case.
Proposed author amendments. The author has agreed to take two amendments in an attempt to address two opposition concerns, even though the author and sponsors understand that these likely will not remove the opposition.
First, existing law requires the employer to provide notice to employees of their right to unpaid leave at the time of hire or upon request by the employee. The bill in print, on the other hand, would require an employer to inform each employee of their rights under the bill “upon hire, to all employees annually, at any time upon request, and any time the employer becomes newly aware that an employee or an employee’s family member is a victim.” [Emphasis added.] The opposition especially objects to the italicized portion because it implies that there is some way for the employer to become aware of the employee’s situation other than by being informed by the employee. Is the employer supposed to make inferences about the employee’s status? Could the employer rely upon the gossip of other employees? Absent a direct communication from the affected employee, how would a court or CRD investigator determine just “when” an employer became “newly aware” that the employee, much less an employee’s family member, was a victim? In order to address this concern, the author has agreed to take the following amendment in this Committee:
- On page 12, amend lines 19-24 as follows:
An employer shall inform each employee of their rights established under this section in writing. The information shall be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employer becomes newly aware that an employee or an employee’s family member is a victim.
Second, in order to better clarify that unpaid leave cannot exceed the 12 weeks of unpaid leave permitted by FMLA, the author wishes to take the following amendment in this Committee:
- On page 10, lines 37-39, and page 11, lines 1-2, amend as follows:
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 12 weeks permitted under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
ARGUMENTS IN SUPPORT: A broad coalition of worker, labor, and social justice groups write in support of AB 2499, contending that the measure “will ensure that family members of living direct victims and survivors of domestic violence, sexual assault, stalking, and other violence can take unpaid time off to address safety concerns, to heal, or to support their family.” These supporters contend that one-in-six victims of violent crime report that they were demoted or lost their job because they needed to take time off to seek legal or other resources to preserve their safety. The supporters believe that “AB 2499 will address these shortcomings by ensuring survivors and their loved ones the ability to take necessary time off for specific reasons related to safety and recovery. This bill will permit reasonable safety-related accommodations for survivors of more forms of violence, recognize additional common reasons survivors need to take unpaid time off from work, allow family members of survivors to take necessary unpaid time off to support their loved ones in achieving safety and recovery, allow family members to use their pre-existing paid sick days for covered purposes, and streamline the process through which survivors can learn about and assert their rights.”
The American Federation of State, County and Municipal Employees (AFSCME) supports this bill for the reasons noted above, but adds that this is a logical extension of existing law. AFSCME notes that the state “rightly prioritizes protecting the jobs of violent crime and domestic violence survivors, however it is convoluted to the point that many survivors cannot take advantage of it. Direct victims can take time off [to] access healthcare, victim services, or to engage in safety planning, but the immediate family of a victim can’t take time off to help take care of them. Additionally, current law requires employees who seek leave for these reasons to file with multiple state agencies, a confusing and cumbersome process for people in often-dire situations.” AFSCME believes that “AB 2499 refines the state’s approach to this issue by allowing loved ones of direct victims to apply for and receive unpaid time off. The bill also expands victim eligibility to secondary victims, places jurisdiction over these kinds of claims squarely with the Department of Justice’s Civil Rights Department and strengthens notification procedures so affected employees are aware of their rights.”
ARGUMENTS IN OPPOSITION: A coalition of business and employer groups, spearheaded by the California Chamber of Commerce (Chamber), oppose this bill for a variety of reasons, but most notably because it “expands leave mandates for small businesses, which have already been subject to nine new leave laws in just the last four years.” The Chamber argues that this bill greatly expands existing leave protections in several ways. First, and perhaps most notably, the Chamber notes the expansion of these provisions from employers with 25 or more employees to employers with just five or more employees. Second, the Chamber notes that while existing law provides time off for an employee who directly experiences a violent crime, this bill extends leave protection to an employee who has a family member who experienced a violent crime, and it defines “family member” to include a “designated person,” who may or may not be a family member.
Third, the Chamber notes that the bill requires employers to provide more frequent notices about their rights under this bill, and it does so in ways that pose privacy concerns: “AB 2499 requires employers to give employees notice of their rights under the bill upon hire, annually, any time upon request, and ‘any time the employer becomes newly aware that an employee or an employee’s family member is a victim.’ Our concern with this last requirement is that an employer would be legally required to provide the notice even if they hear from another employee or another source about the employee’s situation.”
Fourth, and finally, the Chamber argues that this bill is duplicative and unnecessary, as the Legislature has enacted several similar protected leave measures. For example, existing law already allows employees to take protected leave to care for a loved one, and most recently AB 1041 (Chap. 748, Stats. 2022) expanded the class of people for whom an employee may take leave to care for to include a “designated person.” The Chamber notes that while in isolation this bill seems reasonable, it must be considered in light of recent legislation that has required small businesses to provide leave for a variety of reasons, including reasons that arguably already cover the situations anticipated by this bill.
REGISTERED SUPPORT / OPPOSITION:
Support
Californians for Safety and Justice (co-sponsor)
Legal Aid at Work (co-sponsor)
American Federation of State, County and Municipal Employees
Asian Law Alliance
Breastfeed LA
California Breastfeeding Coalition
California Catholic Conference
California Child Care Resource and Referral Network
California Domestic Workers Coalition
California Employment Lawyers Association
California Immigrant Policy Center
California Partnership to End Domestic Violence
California Rural Legal Assistance Foundation
California Women's Law Center
California Work & Family Coalition
Californians United for a Responsible Budget
Caring Across Generations
Center for Community Action & Environmental Justice
Center for Community Action and Environmental Justice
Center for Workers' Rights
Child Care Law Center
Citizens for Choice
Communities United for Restorative Youth Justice
Community Legal Services in East Palo Alto
Courage California
Crime Survivors for Safety and Justice
Disability Rights California
Electric Universe
Ella Baker Center for Human Rights
Empowering Women Impacted by Incarceration
Equal Rights Advocates
Friends Committee on Legislation of California
Grace - End Child Poverty in California
Human Impact Partners
Initiate Justice
Initiate Justice Action
Jewish Center for Justice
LA Alliance for a New Economy
LA Best Babies Network
National Council of Jewish Women CA
National Council of Jewish Women Los Angeles
National Council of Jewish Women, California
National Partnership for Women & Families
Orange County Equality Coalition
Our Family Coalition
Parent Voices California
Poder Latinx
Prosecutors Alliance of California, a Project of Tides Advocacy
Public Counsel
Sister Warriors Freedom Coalition
Smart Justice California, a Project of Tides Advocacy
Working Partnerships USA
Worksafe
Opposition
Acclamation Insurance Management Services
Allied Managed Care
American Petroleum and Convenience Store Association
Anaheim Chamber of Commerce
Associated General Contractors
Associated General Contractors-san Diego Chapter
Brea Chamber of Commerce
California Association for Health Services At Home
California Association of Joint Powers Authorities
California Chamber of Commerce
California Farm Bureau
California Farm Labor Contractor Association
California Financial Services Association
California Landscape Contractors Association
California League of Food Producers
California Lodging Industry Association
California Manufacturers and Technology Association
California Restaurant Association
California Retailers Association
California State Council of the Society for Human Resource Management
Carlsbad Chamber of Commerce
Chino Valley Chamber of Commerce
Civil Justice Association of California
Coalition of Small and Disabled Veteran Businesses
Construction Employers' Association
Corona Chamber of Commerce
Cupertino Chamber of Commerce
El Dorado Hills Chamber of Commerce
Fairfield-Suisun Chamber of Commerce
Family Business Association of California
Flasher Barricade Association
Fontana Chamber of Commerce
Garden Grove Chamber of Commerce
Glendora Chamber of Commerce
Greater San Fernando Valley Chamber of Commerce
Housing Contractors of California
Independent Lodging Industry Association.
LA Canada Flintridge Chamber of Commerce
Laguna Niguel Chamber of Commerce
Livermore Valley Chamber of Commerce
Long Beach Area Chamber of Commerce
Mammoth Lakes Chamber of Commerce
National Federation of Independent Business
Oceanside Chamber of Commerce
Palos Verdes Peninsula Chamber of Commerce
Paso Robles Templeton Chamber of Commerce
Redondo Beach Chamber of Commerce
Ridgecrest Chamber of Commerce
Sacramento Metropolitan Chamber of Commerce
San Juan Capistrano Chamber of Commerce
San Marcos Chamber of Commerce
San Pedro Chamber of Commerce
Santa Maria Valley Chamber of Commerce
Santee Chamber of Commerce
Simi Valley Chamber of Commerce
South Bay Association of Chambers of Commerce
Torrance Chamber of Commerce
West Ventura County Business Alliance
Western Electrical Contractors Association
Western Growers Association
Analysis Prepared by: Tom Clark / JUD. / (916) 319-2334
Date of Hearing: April 3, 2024
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Liz Ortega, Chair
ABPCA Bill Id:AB 2499 (
Author:Schiavo) – As Introduced Ver:February 13, 2024
SUBJECT: Unlawful employment practices: discrimination for time off
SUMMARY: Entitles an employee who has a family member who is a victim of crime to job protected leave to attend to the family member’s needs and ensure their safety. Additionally permits both the employee victim and the employee who has a family member who is a victim to use sick leave for time off to obtain victim services. Specifically, this bill:
- Moves provisions regarding protected time off for an employee to attend jury duty or to attend to their needs and ensure their safety as a victim of crime from the Labor Code to the Government Code, thus putting those provisions under the Fair Employment and Housing Act.
- Replaces references to an experience of “crime or abuse” with the term “qualifying act of violence.”
- Entitles an employee who has a family member who is a victim of crime to the following protections afforded to an employee who is a victim:
- Taking time off from work without discrimination or retaliation to assist a family member obtain or attempt to obtain relief. Relief includes, among other things, a temporary restraining order or other injunctive relief.
- Taking time off from work without discrimination or retaliation to assist a family member obtain victim services that include, among other things, obtaining medical attention to recover from injuries, seeking or obtaining services from a domestic violence shelter, or obtaining psychological counseling.
- Being free from discrimination or retaliation because of the employee’s family member’s status as a victim if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.
- Defines qualifying act of violence to mean any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
- Domestic violence.
- Sexual assault.
- Stalking.
- An act, conduct, or pattern of conduct, including any of the following:
- In which an individual causes bodily injury or death to another individual.
- In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
- In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
- Defines victim to mean either of the following:
- An individual against whom a qualifying act of violence is committed.
- For the purposes of the provision of time off to appear in court to comply with a subpoena or other court order as a witness, a person against whom any crime has been committed.
- Updates the definition of family member to mean a child, parent, grandparent, grandchild, sibling, spouse, domestic partner or designated person, as defined.
- Defines employer to mean:
- Any person who directly employs one or more persons to perform services for a wage or salary.
- The state, and any political or civil subdivision of the state and cities.
- For purposes of the anti-discrimination provision regarding time off for an employee to obtain victim services only, “employer” means any person who directly employs five or more persons to perform services for a wage or salary.
- Provides that an employee who is a victim or who has a family member who is a victim may take time off without discrimination or retaliation, for additional reasons, including, among other things:
- To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
- To seek, obtain, or assist a family member to seek or obtain financial services, enroll to receive benefits, or meet with a financial professional to address financial issues caused by or aggravated by the qualifying act of violence.
- To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
- To seek, obtain, or provide childcare or care to a care-dependent adult necessary as a result of the qualifying act of violence.
- Extends an employer’s obligation to provide reasonable accommodations for an employee who is a victim to an employee whose family member is a victim of a qualifying act of violence who requests an accommodation to be safe at work.
- Provides that permission to carry a telephone at work may constitute a reasonable accommodation for an employee who is a victim or whose family member is a victim of a qualifying act of violence.
- Clarifies that an employee who is a victim or whose family member is a victim may use sick leave for time off to attend to their needs or ensure their safety.
- Provides that the employer notice to employees of their rights under these provisions shall be given, in addition to upon the employee’s hire, on an annual basis and at any time the employer becomes aware of the employee’s or the employee’s family member’s status as a victim.
- Provides that the notice shall also include information about other available leaves or wage replacement programs to the employee.
- Requires the Civil Rights Department (CRD) to post the form for the notice in various languages, including any other language that is spoken by a “substantial number of non-English-speaking people,” as specified, on the CRD’s internet website.
- Requires the CRD to create the form and post it on or before January 1, 2025.
EXISTING LAW:
- Establishes the CRD to, among other things, enforce California’s civil rights laws and protect Californians from discrimination in employment, housing, businesses, state-funded programs, and from bias-motivated violence, and from human trafficking.
- Establishes the Office of the Labor Commissioner (LC) within the Department of Industrial Relations (DIR), to enforce, among other things, wage and hour law, anti-retaliation provisions, and employer notice requirements. Labor Code §79 et seq.
- Provides that an employer shall 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 the employee is required to serve.
- Appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding or to obtain or attempt to obtain any relief if the employee is a victim of a crime. Labor Code §230 (a)-(c).
- Prohibits an employer from discharging or in any manner discriminating or retaliating against an employee because of the employee’s status as a victim of crime or abuse, if the employee provides notice to the employer of the status or the employer has actual knowledge of the status. Labor Code §230(e).
- Requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. Labor Code §230(f)(1).
- States that an 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 their employer because the employee has taken time off, as specified, shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Labor Code §230(g)(1).
- Provides that an employee who is discharged, threatened with discharge, demoted or suspended, or in any other manner discriminated against, as specified, for exercising their rights pursuant to the above provisions may file a complaint with the LC. Labor Code §230(h)(1).
- Prohibits an employer with 25 or more employees from discharging, discriminating or retaliating against an employee who is a victim, for taking time off from work for any of the following purposes:
- To seek medical attention for injuries caused by crime or abuse.
- To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse.
- To obtain psychological counseling or mental health services related to an experience of crime or abuse.
- To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation. Labor Code §230.1(a).
- Provides that an 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 their employer because the employee has taken time off for a purpose set forth in (8) above is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. Labor Code §230.1(c).
- States that an 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. Labor Code §230.1(c).
- Provides that an employee who is discharged, threatened with discharge, demoted or suspended, or in any other manner discriminated against, as specified, for exercising their rights as set forth in (8) above may file a complaint with the LC. Labor Code §230.1(d)(1).
- Requires employers to inform each employee of their rights described in (8)-(11) above. The information shall be provided to new employees upon hire and to other employees upon request. The LC shall develop a form that an employer may use to comply with the notice requirements. Labor Code §230.1(h)(1)-(2).
FISCAL EFFECT: Unknown
COMMENTS: Note: This bill is double-referred to the Assembly Judiciary Committee upon passage out of this Committee.
In the United States, more than six in 10 people have been a victim of crime in the last ten years.[1] Those experiencing crime tend to be young people of color who are from low-income communities.[2] It is well-documented that victims of crime experience long-lasting economic, mental, and social impacts. In terms of the economic toll on survivors, according to one survey, one in six victims of violent crime (16 percent) have lost their job or were demoted.[3] The same survey also found that one of the few resources crime victims overwhelmingly rely on to recover from their trauma is friends and family.[4]
Survivors of domestic abuse also encounter damaging economic effects as they attempt to recover. In a survey of 164 survivors of intimate partner violence across 11 states and the District of Columbia, eighty-three percent of respondents reported their abusers disrupted their ability to work.[5] In addition, 70 percent were not able to find a job when they needed one, and over half said they lost their job because of the abuse.[6] Researchers conducting the survey suggest that a key policy intervention would be to “enact policies that enable survivors to take the time they need to address the effects of abuse without placing their jobs at risk, such as paid sick and safe leave policies that offer job-protected safe time that survivors can use to recover from violence or seek help addressing it, or to care for family members who have been victimized.”[7]
According to the author, “No employee who has been a victim of a violent crime or who has a loved one who has been victimized should have to choose between their physical or emotional safety and their livelihood. AB 2499 will ensure crime survivors and their loved ones can get to safety and heal after a violent or traumatic event, without worrying about losing their jobs.”
The author continues, “AB 2499 will standardize existing protections by ensuring that no victims of violence and their loved ones are forced to choose between keeping their job and accessing safety and healing in the wake of traumatic victimization.
While people from all walks of life are impacted by violence, its effects are concentrated and unequal. Generations of entrenched racism, divestment and extraction, and structural and state violence have cultivated conditions under which low income people of color, immigrants, people with disabilities, and LGBTQ people are significantly more likely to survive violence. Financial insecurity following trauma exacerbates its impacts, and can have lasting impacts on survivors and their employers.
Low wage workers – including immigrants, women and nonbinary workers, and workers of color – who are especially vulnerable to victimization are also least likely to have existing flexibility or leave protections at their jobs.
This bill will ensure greater stability and access for survivors and their loved ones who are least protected in the workforce.”
Arguments in Support
Legal Aid at Work, co-sponsor of the bill, states, “This bill also addresses survivors’ needs for family support and the impact of violence on victims’ family members. Family support can make the difference between a survivor being able to secure safety and facing repeated, continuing violence. Not only does the unavailability of family put survivors at greater risk, isolating a survivor from their family is a common tool used in victimization. It is critical that California’s laws empower family members and loved ones to support one another in seeking safety in those critical moments. No parent should be fired for helping their daughter move from her abusive partner’s home and no sibling should be fired for being there to hold their sister’s hand in court when she seeks a restraining order against her stalker. While current law provides no leave to a survivor’s family members, AB 2499 would allow family members to access job protected but unpaid leave for specific and defined purposes and also use their existing paid sick days for these purposes. This bill would additionally allow family members to access reasonable accommodations for the purpose of safety.”
Arguments in Opposition
A coalition of employer organizations, including the California Chamber of Commerce is opposed and states, “California currently has robust protections for employees who are victims of violence as well as for employees who need to care for a family member or non-family member. For example, an employee who is a victim of violence can take unlimited time off to seek medical attention, obtain services, or secure a new residence, or ensure the safety of themselves or a child. They can also receive an ongoing accommodation to ensure their safety. Separately, employees are also entitled to 12 weeks of leave under the California Family Rights Act (CFRA) plus another 40 hours of leave under the Healthy Workplace Healthy Family Act, which can be used in small increments, to care for their own injury or that of a family member or non-family member or attend appointments. They can also take up to 40 hours of time off per year to care for a child where their current child care provider or school is unexpectedly unavailable.
While well-intentioned, our concern is that AB 2499 is creating new, uncapped leave for scenarios already covered under existing law. And it applies to small businesses with just 5 employees.
To the extent the scenarios are not already covered, it is not clear why an uncapped leave is necessary. Meeting with a financial professional, looking at a new residence, or taking modifications to a vehicle or cell phone could likely be done outside of working hours or during PTO. It would likely also not necessarily take all day, but the leave is not limited in time. If it needed to be done urgently for the employee’s safety, that is already covered by existing law allowing time off for taking actions to increase safety, including relocation. AB 2499 is allowing uncapped leave for non-urgent matters.”
Prior Legislation
AB 1359 (Schiavo) of 2023 entitles an employee of a covered health care facility, as defined, to health care worker sick leave of four unpaid sick leave days a year in addition to their existing paid sick day’s entitlement, among other things. This bill is currently on the Senate Third Reading Inactive File.
SB 616 (Gonzalez) Chapter 309, Statutes of 2023 expands the state's paid sick leave law to provide an employee with no less than 24 hours or three days of paid sick leave by the 120th calendar day of employment and no less 40 hours or five days of paid sick leave by the 200th calendar day of employment.
AB 2366 (Rob Bonta) of 2018 extends permitted time off protections for domestic violence, sexual assault and stalking victims to victims of sexual harassment and to the immediate family members providing support to victims of sexual harassment, domestic violence, sexual assault and stalking. The measure was held by the Assembly Appropriations Committee.
AB 3081 (Lorena Gonzalez) of 2018 provided, among other things, that an employer is prohibited from discharging or in any manner discriminating or retaliating against an employee because of the employee’s status as a victim of sexual harassment. This bill was vetoed by Governor Brown.
REGISTERED SUPPORT / OPPOSITION:
Support
Crime Survivors for Safety and Justice (Co-Sponsor)
Legal Aid At Work (Co-Sponsor)
1 Individual
AFSCME CA
California Breastfeeding Coalition
California Child Care Resource and Referral Network
California Employment Lawyers Association
California Immigrant Policy Center
California Partnership to End Domestic Violence
California Rural Legal Assistance Foundation
California Women's Law Center
California Work & Family Coalition
Californians United for A Responsible Budget
Caring Across Generations
Center for Community Action and Environmental Justice
Center for Workers' Rights
Citizens for Choice
Communities United for Restorative Youth Justice
Community Legal Services in East Palo Alto
Courage California
Disability Rights California
Electric Universe
Ella Baker Center for Human Rights
Empowering Women Impacted by Incarceration
Equal Rights Advocates
Friends Committee on Legislation of California
Grace - End Child Poverty in California
Human Impact Partners
Initiate Justice
Initiate Justice Action
Jewish Center for Justice
LA Alliance for A New Economy
LA Best Babies Network
National Council of Jewish Women CA
National Council of Jewish Women Los Angeles
National Partnership for Women & Families
Orange County Equality Coalition
Parent Voices California
Prosecutors Alliance of California, a Project of Tides Advocacy
Public Counsel
Smart Justice California, a Project of Tides Advocacy
Worksafe
Young Women's Freedom Center
Oppose
Acclamation Insurance Management Services
Allied Managed Care
Anaheim Chamber of Commerce
Associated General Contractors
Associated General Contractors-san Diego Chapter
California Association for Health Services At Home
California Chamber of Commerce
California Farm Bureau
California Farm Labor Contractor Association
California Financial Services Association
California League of Food Producers
California Lodging Industry Association
California Manufacturers and Technology Association
California Restaurant Association
California Retailers Association
California State Council of SHRM
Carlsbad Chamber of Commerce
Chino Valley Chamber of Commerce
Civil Justice Association of California
Coalition of Small and Disabled Veteran Businesses
Construction Employers' Association
Corona Chamber of Commerce
Cupertino Chamber of Commerce
El Dorado Hills Chamber of Commerce
Fairfield-Suisun Chamber of Commerce
Family Business Association of California
Flasher Barricade Association
Fontana Chamber of Commerce
Garden Grove Chamber of Commerce
Glendora Chamber of Commerce
Greater San Fernando Valley Chamber of Commerce
Housing Contractors of California
Independent Lodging Industry Association.
LA Canada Flintridge Chamber of Commerce
Laguna Niguel Chamber of Commerce
Livermore Valley Chamber of Commerce
Long Beach Area Chamber of Commerce
Mammoth Lakes Chamber of Commerce
National Federation of Independent Business
Oceanside Chamber of Commerce
Palos Verdes Peninsula Chamber of Commerce
Paso Robles Templeton Chamber of Commerce
Redondo Beach Chamber of Commerce
Ridgecrest Chamber of Commerce
Sacramento Metropolitan Chamber of Commerce
San Marcos Chamber of Commerce
San Pedro Chamber of Commerce
Santa Maria Valley Chamber of Commerce
Simi Valley Chamber of Commerce
South Bay Association of Chambers of Commerce
Torrance Area Chamber of Commerce
West Ventura County Business Alliance
Western Growers Association
Analysis Prepared by: Megan Lane / L. & E. /
Crime Survivors Speak 2022: National Survey of Victims’ Views on Safety and Justice, Alliance for Safety and Justice, p. 5. ↑
Ibid. ↑
Ibid. at 13. ↑
Ibid. at 5. The survey of over 1,500 survivors of crime found that 80 percent of victims received help from friends or family or the health care system. ↑
Cynthia Hess, Ph.D., and Alona Del Rosario, M.A., Dreams Deferred: A Survey on the Impact of Intimate Partner Violence on Survivors’ Education, Careers, and Economic Security, Institute for Women’s Policy Research, October 2018, p. 8. ↑
Ibid. at 9. ↑
Ibid. at 11. ↑
Discussed in Hearing
1MIN
Assembly Floor
3MIN
Senate Floor
1MIN
Senate Standing Committee on Appropriations
7MIN
Senate Standing Committee on Labor, Public Employment and Retirement
9MIN
Senate Standing Committee on Judiciary
3MIN
Assembly Floor
30MIN
Assembly Standing Committee on Judiciary
20MIN
Assembly Standing Committee on Labor and Employment
Bill Author
Bill Co-Author(s):
