California Labor Code 230.2 – (a) As used in this section:(1) “Immediate family member” …
(a) As used in this section:
(1) “Immediate family member” means spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather.
Terms Used In California Labor Code 230.2
- Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means Department of Industrial Relations. See California Labor Code 19
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Labor: includes labor, work, or service whether rendered or performed under contract, subcontract, partnership, station plan, or other agreement if the labor to be paid for is performed personally by the person demanding payment. See California Labor Code 200
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
- Spouse: includes "registered domestic partner" as required by §. See California Labor Code 12.2
- Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
(2) “Registered domestic partner” means a domestic partner, as defined in § 297 of the Family Code, and registered pursuant to Part 2 (commencing with Section 298) of Division 2.5 of the Family Code.
(3) “Victim” means a person against whom one of the following crimes has been committed:
(A) A violent felony, as defined in subdivision (c) of § 667.5 of the Penal Code.
(B) A serious felony, as defined in subdivision (c) of § 1192.7 of the Penal Code.
(C) A felony provision of law proscribing theft or embezzlement.
(b) An employer, and any agent of an employer, shall allow an employee who is a victim of a crime, an immediate family member of a victim, a registered domestic partner of a victim, or the child of a registered domestic partner of a victim to be absent from work in order to attend judicial proceedings related to that crime.
(c) Before an employee may be absent from work pursuant to subdivision (b), the employee shall give the employer a copy of the notice of each scheduled proceeding that is provided to the victim by the agency responsible for providing notice, unless advance notice is not feasible. When advance notice is not feasible or an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides the employer with documentation evidencing the judicial proceeding from any of the following entities:
(1) The court or government agency setting the hearing.
(2) The district attorney or prosecuting attorney’s office.
(3) The victim/witness office that is advocating on behalf of the victim.
(d) An employee who is absent from work pursuant to subdivision (b) may elect to use the employee’s accrued paid vacation time, personal leave time, sick leave time, compensatory time off that is otherwise available to the employee, or unpaid leave time, unless otherwise provided by a collective bargaining agreement, for an absence pursuant to subdivision (b). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
(e) An employer shall keep confidential any records regarding the employee’s absence from work pursuant to subdivision (b).
(f) An employer may not discharge from employment or in any manner discriminate against an employee, in compensation or other terms, conditions, or privileges of employment, including, but not limited to the loss of seniority or precedence, because the employee is absent from work pursuant to this section.
(g) (1) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has exercised his or her rights as set forth in subdivision (b) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7.
(2) Notwithstanding any time limitation in Section 98.7, an employee filing a complaint with the division based upon a violation of subdivision (b) shall have one year from the date of occurrence of the violation to file his or her complaint.
(h) District attorney and victim/witness offices are encouraged to make information regarding this section available for distribution at their offices.
(Added by Stats. 2003, Ch. 630, Sec. 1. Effective January 1, 2004.)