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AB-3123 Employees: public health emergency.(2019-2020)

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Date Published: 04/29/2020 09:00 PM
AB3123:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3123


Introduced by Assembly Member Gonzalez

February 21, 2020


An act to amend Section 116555 of the Health and Safety Code, relating to drinking water. Section 246.5 of, and to add Section 230.9 to, the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 3123, as amended, Gonzalez. California Safe Drinking Water Act. Employees: public health emergency.
Existing law prohibits an employer from discriminating or retaliating against an employee who takes time off from work for various protected activities, including taking time off to appear in school on behalf of their child, as specified.
This bill would also prohibit an employer from discriminating or retaliating against an employee for complying with an isolation or quarantine order issued by a public health official due to a public health emergency.
Existing law requires employers to provide their employees with paid sick leave that is accrued at a specified rate. Existing law authorizes an employee to request a paid sick day for prescribed purposes, including diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.
This bill would also require an employer to grant paid sick leave to an employee, upon request, if the employer’s place of business is closed by order of a public health official due to a public health emergency, or if the employee is providing care or assistance to their child, whose school or daycare provider is closed by order of a public health official due to a public health emergency.

Existing law, the California Safe Drinking Water Act, imposes on the State Water Resources Control Board various responsibilities and duties relating to providing a dependable, safe supply of drinking water. The act prohibits a person from operating a public water system without a permit and requires any person who owns a public water system to ensure that the system, among other things, provides a reliable and adequate supply of pure, wholesome, healthful, and potable water.

This bill would make nonsubstantive changes to the latter provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 230.9 is added to the Labor Code, to read:

230.9.
 An employer shall not discharge or in any manner discriminate or retaliate against an employee for complying with an isolation or quarantine order issued by a public health official due to a public health emergency.

SEC. 2.

 Section 246.5 of the Labor Code is amended to read:

246.5.
 (a) Upon the oral or written request of an employee, an employer shall provide paid sick days for the following purposes:
(1) Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.
(2) For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in subdivision (c) of Section 230 and subdivision (a) of Section 230.1.
(3) If the employer’s place of business is closed by order of a public health official due to a public health emergency, or if the employee is providing care or assistance to their child, whose school or daycare provider is closed by order of a public health official due to a public health emergency.
(b) An employer shall not require as a condition of using paid sick days that the employee search for or find a replacement worker to cover the days during which the employee uses paid sick days.
(c) (1) An employer shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.
(2) There shall be a rebuttable presumption of unlawful retaliation if an employer denies an employee the right to use accrued sick days, discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of any of the following:
(A) The filing of a complaint by the employee with the Labor Commissioner or alleging a violation of this article.
(B) The cooperation of an employee with an investigation or prosecution of an alleged violation of this article.
(C) Opposition by the employee to a policy, practice, or act that is prohibited by this article.

SECTION 1.Section 116555 of the Health and Safety Code is amended to read:
116555.

(a)Any person who owns a public water system shall ensure that the public water system does all of the following:

(1)Complies with primary and secondary drinking water standards.

(2)Will not be subject to backflow under normal operating conditions.

(3) Provides a reliable and adequate supply of pure, wholesome, healthful, and potable water.

(4)Employs or utilizes only water treatment operators that have been certified by the state board at the appropriate grade.

(5)Complies with the operator certification program established pursuant to Article 3 (commencing with Section 106875) of Chapter 4 of Part 1.

(b)A person who owns a community water system or a nontransient noncommunity water system shall do both of the following:

(1)Employ or utilize only water distribution system operators who have been certified by the state board at the appropriate grade for positions in responsible charge of the distribution system.

(2)Place the direct supervision of the water system, including water treatment plants, water distribution systems, or both, under the responsible charge of an operator or operators holding a valid certification equal to or greater than the classification of the water treatment plant and the water distribution system.