AB 628

Bill Subjects

Abstract

(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 and who takes time off from work to obtain, or attempt to obtain, any relief to help ensure the health, safety, or welfare of the victim or their child. Existing law also prohibits an employer from discharging, or discriminating or retaliating against, an employee who is a victim of domestic violence, sexual assault, or stalking because of the employee's status as a victim, if the employer has notice or knowledge of that status. Existing law additionally prohibits an employer with 25 or more employees from discharging, or discriminating or retaliating against, an employee who is a victim, in this regard, who takes time off to obtain specified services or counseling. Existing law requires the employee to give the employer reasonable advance notice of the employee's intention to take time off, unless the advance notice is not feasible. Existing law, when an unscheduled absence occurs, prohibits the employer from taking any action against the employee if the employee, within a reasonable time after the absence, provides a specified certification to the employer. Existing law 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 extend these employment protections to victims of sexual harassment, as defined. The bill would also extend these employment protections to specified family members, as defined, of the victims for taking time off from work to provide assistance to the victims when seeking relief or obtaining those services and counseling, as described above. The bill would, if the employee's need for leave is foreseeable, require the employee to provide the employer with reasonable advance notice, unless the advance notice is not feasible. The bill would authorize the employer to require that the employee's request for leave be supported by a specified certification. The bill would, if it is not feasible for the employee to provide certification prior to the leave, prohibit the employer from taking any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. The bill would apply these protections to state and local public employers and to the Legislature. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would extend confidentiality protections provided to victims in this context, which existing law applies only to people employed by employers with 25 or more employees, to employers generally. The bill would make conforming changes. (2) 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.