©2024 Seyfarth Shaw LLP www.seyfarth.com 2024 Cal-Peculiarities | 287 LC § Description Penalty 230.3 Volunteer Leave. Employer must not discharge or discriminate against employees for taking time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel (which includes an officer, employee, or member of a disaster medical response team sponsored by the state). Exception: employers that are public safety agencies or providers of emergency medical services, where employer determines the employee’s absence hinder public safety or emergency medical services. LC 2699 230.4 Training Leave for Fire, Law Enforcement, and Emergency Rescue Personnel. Employers with 50+ employees must provide leaves (two weeks per calendar year) for fire, law enforcement, or emergency personnel training. An employee who works for an employer with at least 50 employees, who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has taken time off for training leave, is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. LC 2699 230.5 Victim of Specified Offenses Leave. Employers must not discharge or discriminate or retaliate against victims of specified offenses for taking time off from work to appear in court to be heard at any proceeding in which a right of the victim is at issue. Specified offenses include vehicular manslaughter while intoxicated, felony child abuse likely to produce great bodily harm or a death, assault resulting in the death of a child under eight years of age, felony domestic violence, felony physical abuse of an elder or dependent adult, felony stalking, solicitation for murder, “serious felony,” hitand-run causing death or injury, felony driving under the influence causing injury, and sexual assault. The employee must give reasonable advance notice, unless not feasible. LC 2699 230.7 School Discipline Leave for Parents. Employers must not discriminate against parents or guardians who take time off for school appearance under Education Code § 48900.1 (child suspended), upon reasonable notice of the appearance. LC 2699 230.8 School Activities Leave. Employers must not discriminate against parents, guardians, or grandparents with custody of K-12 children, for attending licensed child day care facility, for taking off up to 40 hours each year, not exceeding eight hours per calendar month, to participate in activities of school or licensed child day care facility of employee’s children, upon reasonable notice of absence, and must permit use of existing vacation, personal leave, or compensatory time off for this absence (unless it is vacation period that all eligible employees take at same time every year), unless otherwise provided by CBA entered into before January 1, 1995, and in effect on that date. If both parents work for same employer, only the first to ask is entitled to leave. No CBA may diminish an entitlement under this section. The Legislature has expanded “parent” to include a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child. “Child care provider or school emergency” includes a request that the child be picked up from school or child care, behavioral/discipline problems, closure or unexpected unavailability of the school (excluding planned holidays), or a natural disaster. Treble lost wages & work benefits for willful refusal to rehire, promote, or restore employee eligible for rehire or promotion +LC 2699
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