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AB-882 Termination of employment: drug testing: medication-assisted treatment.(2019-2020)

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Date Published: 02/20/2019 09:00 PM
AB882:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 882


Introduced by Assembly Member McCarty

February 20, 2019


An act to add Section 1029 to the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 882, as introduced, McCarty. Termination of employment: drug testing: medication-assisted treatment.
Existing law requires an employer who regularly employs 25 or more employees to reasonably accommodate any employee who voluntarily participates in an alcohol or drug rehabilitation program, provided the employer does not suffer undue hardship.
This bill would prohibit an employer, regardless of the number of employees, from discharging an employee for testing positive for a drug that is being used as a medical-assisted treatment, under the care of a physician or licensed treatment program, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1029 is added to the Labor Code, to read:

1029.
 No private employer, regardless of the number of employees, shall terminate the employment of an employee if the sole reason for termination is that the employee tested positive on a drug test for a drug that is being used as a medication-assisted treatment under the care of a physician or pursuant to a licensed narcotics treatment program.