Assembly Bill 109
This page updated September 11, 2000
Effective January 1, 2000, Assembly Bill 109 added Section 233 to the Labor Code (LC). Section 233 requires that an employer who provides sick leave for employees shall permit an employee to use, in any calendar year, not less than one-half of one year's accrual of an employee's accrued and available sick leave to attend to the illness of a child, parent, or spouse of the employee.
The employer is prohibited from discharging, threatening to discharge, demoting, suspending, or discriminating against an employee for using sick leave for these purposes. The employee would be entitled to reinstatement and actual damages or one day's pay, whichever is greater, and to appropriate equitable relief. Alleged violations would be filed with the Labor Commissioner, who will be responsible to enforce the provisions of this Labor Code Section.
The provisions of Labor Code Section 233 apply to the State as an employer and to State employees and takes precedence over the provisions of a Memoranda of Understanding (MOU), when the MOU provides a lesser benefit. For example, some MOUs limit the number of family sick leave days that an employee may take per occurrence to 5 days. A full-time State employee who accrues sick leave earns 12 days of sick leave per year, and would, therefore, be eligible to take at least six days per calendar year to care for a child, parent or spouse.
All conditions and restrictions placed by an employer upon the use of sick leave, such as requiring doctor's verification, shall also apply to the use by an employee of sick leave to attend to an illness of his or her child, parent, or spouse.
The grievance and arbitration process negotiated between the State and various exclusive representatives concerning disputes over the use of sick leave remains in effect. However, alleged violations of LC Section 233 should be filed with the Labor Commissioner.
If employees have questions regarding LC Section 233 they should contact their assigned Personnel Services Specialist.
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