AB 2992 — Employment practices: leave time.

Summary

(1) Existing law prohibits an employer from discharging, or discriminating or retaliating against, an employee who is a victim of domestic violence, sexual assault, or stalking, for taking time off from work to obtain or attempt to obtain relief to help ensure the health, safety, or welfare of the victim or victim's child. Existing law requires an employee, as a condition of taking time off for these purposes, to give the employer reasonable advance notice of the employee's intention to take time off, unless doing so is not feasible. Existing law prohibits an employer, when an unscheduled absence occurs, from taking any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer meeting certain criteria, including documentation from one of specified persons that the employee was undergoing treatment for specific injuries. Existing law authorizes an employee to file a complaint with the Division of Labor Standards Enforcement for a violation of that prohibition, and makes it a misdemeanor for an employer to refuse to rehire, promote, or restore an employee who has been determined to be so eligible by a grievance procedure or legal hearing. This bill would expand the above provision to prohibit an employer from discharging, or discriminating or retaliating against, an employee who is a victim of crime or abuse for taking time off from work to obtain or attempt to obtain relief, as prescribed. The bill would also prohibit an employer from taking action against an employee, when an unscheduled absence occurs, if the employee victim of crime or abuse provides certification that they were receiving services for certain injuries, or if the documentation is from a victim advocate, as defined. The bill would additionally prohibit such action if the employee provides certification in any other form of documentation that reasonably verifies that the crime or abuse occurred. The bill would also define "victim" and "crime" for purposes of these provisions. By expanding the definition of a crime, the bill would impose a state-mandated local program. (2) Existing law also prohibits an employer with 25 or more employees from discharging, or discriminating or retaliating against, an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for any of specified purposes, including seeking medical attention for injuries caused by domestic violence, sexual assault, or stalking. This bill would prohibit the discharge of, or discrimination or retaliation against, an employee who is a victim, as defined, for taking off work, as specified. The bill would revise the categories of time off work under these circumstances, to include taking time off work to seek medical attention for injuries caused by crime or abuse, to obtain services from prescribed entities as a result of the crime or abuse, to obtain psychological counseling or mental health services 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. The bill would define terms for these purposes. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 09/28/20 - Chaptered Current pdf September 28, 2020
• Enrolled 09/01/20 - Enrolled pdf September 01, 2020
• Amended 08/20/20 - Amended Senate pdf August 20, 2020
• Amended 05/11/20 - Amended Assembly pdf May 11, 2020
• Introduced 02/21/20 - Introduced pdf February 21, 2020
• AB2992 View text html

Action History

1. September 28, 2020

   Chaptered by Secretary of State - Chapter 224, Statutes of 2020.

2. September 28, 2020

   Approved by the Governor.

3. September 11, 2020

   Enrolled and presented to the Governor at 3 p.m.

4. August 30, 2020

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 5369.).

5. August 29, 2020

   In Assembly. Concurrence in Senate amendments pending.

6. August 29, 2020

   Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 3. Page 4438.).

7. August 24, 2020

   Read second time. Ordered to third reading.

8. August 20, 2020

   Read second time and amended. Ordered returned to second reading.

9. August 20, 2020

   From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 20).

10. August 17, 2020

    In committee: Referred to APPR. suspense file.

11. August 12, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (August 11). Re-referred to Com. on APPR.

12. August 05, 2020

    In committee: Hearing postponed by committee.

13. July 01, 2020

    Referred to Com. on L., P.E. & R.

14. June 11, 2020

    In Senate. Read first time. To Com. on RLS. for assignment.

15. June 11, 2020

    Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 4828.)

16. June 04, 2020

    Read second time. Ordered to third reading.

17. June 03, 2020

    From committee: Do pass. (Ayes 17. Noes 0.) (June 3).

18. June 02, 2020

    In committee: Set, first hearing. Referred to APPR. suspense file.

19. May 21, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (May 20). Re-referred to Com. on APPR.

20. May 12, 2020

    Re-referred to Com. on L. & E.

21. May 11, 2020

    From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

22. April 24, 2020

    Referred to Com. on L. & E.

23. February 24, 2020

    Read first time.

24. February 22, 2020

    From printer. May be heard in committee March 23.

25. February 21, 2020

    Introduced. To print.

Sponsors

• Weber · Primary
• Bradford · Cosponsor
• Eggman · Cosponsor

Votes

Subjects