Copyright© 1999 by School Services of California, Inc.
Use of Sick Leave Expanded By New Law
Assembly Bill 109 (Chapter 164/1999) by Assembly Member Wally Knox (D-Los Angeles) was received with fanfare by employees and dismay by many employers. AB 109 adds a section to the Labor Code that requires any employer who offers paid sick leave to their employees to permit an employee to use accrued sick leave to attend to an illness of a child, parent or spouse of the employee. The only condition in the bill is the limitation placed upon the amount of available sick leave to be used or accrued. The law reads as follows:
"Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employee's accrued and available sick leave entitlement in an amount not less than the sick leave that would be accrued during six months at the employees then current rate of entitlement to attend to an illness of a child, parent or spouse of an employee. This section does not extend the maximum period of leave to which an employee is entitled under Section 12945.2 of the Government Code or under the Federal Family and Medical Leave Act of 1993 regardless of whether the employee receives sick leave compensation during that leave."
The rights of the employer in this bill are limited to continuing to provide sick leave as part of the compensation package. The bill further states "no employer shall deny an employee the right to use sick leave or discharge, threaten to discharge, demote, suspend or in any manner discriminate against an employee for using, or attempting to exercise the right to use, sick leave to attend to an illness of a child, parent or spouse of an employee." A complaint process is also established for the employee with the labor commissioner who will serve as enforcer for these provisions.
In signing the bill, the Governor stated "More often than not, both parents work in today's economy, making it difficult to take time off to care for an ailing child. Parents should not be denied the option to use their sick leave to attend to a sick child. AB 109 spares them the dilemma from having to either forfeit pay or fear the loss of their job."
Employers who lose the court battle will be faced with not only reinstatement of the employee and reimbursement of lost wages, but also with paying attorney costs should the court decide to make that award as the new law now permits. The term "employer" is carefully defined by the bill as meaning any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. With the signing of the bill into law, collective bargaining provisions are ignored and union rights gain significant ground.
AB 109 takes effect on January 1, 2000.
-- Carol Berg