Mandatory Leave Inquiries

On October 12, 2017, Governor Edmund G. Brown Jr. signed a legislation directing small businesses to start providing a new protected leave of absence (SB 63). SB 63 bill requires employers to allocate 12 weeks of baby bonding to employees.  The bill will be effective January 1, 2018. It affects employers with 20 or more individuals. Employees who are eligible:

  • Worked more than 12 months
  • Worked at least 1,250 hours of service during the prior 12-month period
  • Work at a worksite where there are at least 20 employees within a 75 mile radius

SB 63 defines an employer’s failure to provide a requested leave as an “unlawful employment practice.” Therefore, an employer is subject to a lawsuit if the employee alleges that his or her employer did the following:

  •  Did not provide 12 weeks of protected leave
  •  Failure to return the employee to the same or comparable position. Employers cannot replace the employee with a temporary employee who filled in for the position while the employee was on leave.
  •  Failure to maintain benefits while the employee was out on leave.
  •  Took any adverse employment action against the employee for taking the leave such as discipline or termination.