AB 1136: Employment: immigration and work authorization.

1019.6.

(a) (1) Upon request, each employee shall be released by their employer for up to five unpaid working days within a 12-month period, which may be either consecutive or nonconsecutive working days, in order to attend appointments, interviews, adjudications, legal proceedings, detainment, or any other meeting at which the employee’s presence is required concerning the employee’s immigration status, work authorization, visa status, or any other immigration-related matter.

(2) An employer may require an employee to use earned, unused vacation or paid time off leave before the employee uses the benefit described in paragraph (1).

(b) (1) A postintroductory employee whose employment has been terminated due to an inability to provide documentation of proper work authorization shall be immediately reinstated to their former classification without loss of prior seniority provided the employee produces proper work authorization within 12 months of the date of termination. An employee shall not accrue vacation or other benefits based upon particular employment plan policies during those absences. If there is no position in the employee’s former job classification available at the time the employee produces proper work authorization, an employer shall offer the employee in writing all job positions that thereafter become available within 12 months of the date of termination for which the employee is qualified. If more than one employee is entitled to preference for a position, the employer shall offer the position to the terminated employee with the greatest length of service based on the employee’s date of hire. The employee shall receive their prior pay rate and seniority. If the employee communicates to the employer that they are no longer interested in working for that employer, the employer is not obligated to offer any further job positions that become available.

(2) If the employee demonstrates a need for additional time, the employer shall rehire the employee into the next available opening in the employee’s former classification, as a new hire without retaining seniority, upon the former employee providing proper work authorization within a maximum of 12 additional months from the date the employee notifies the employer that they need additional time. If this occurs, the employee shall be subject to an introductory period upon rehire.

(c) (1) (A) If the employer is notified that an employee has been detained or incarcerated as a result of pending immigration or deportation proceedings, the employer shall place the employee on an unpaid leave of absence for a period pending the employee’s release from detainment or incarceration and not to exceed 12 months. Upon the employee’s release and once the employee provides the employer with the appropriate work authorization documentation, the employer shall do either of the following:

(i) Return the employee to their former job classification without loss of seniority.

(ii) If a position in the employee’s former job classification is not available at the time the employee produces proper work authorization upon release, the employer shall offer the employee in writing all job positions that become available within 12 months for which the employee is qualified. If more than one employee is entitled to preference for a position, the employer shall offer the position to the terminated employee with the greatest length of service based on the employee’s date of hire. The employee shall receive their prior pay rate and seniority. If the employee communicates to the employer that they are no longer interested in working for that employer, the employer is not obligated to offer any further job positions that become available.

(B) An employee on a leave of absence pursuant to this paragraph shall not accrue vacation or other benefits during the leave of absence.

(2) Nothing in this subdivision shall be construed as requiring the employer to employ an individual if doing so would be a violation of state or federal law or regulations.

(d) This section applies to a private or public employer, except that it shall not apply to a public or private employer with 25 or fewer employees.

1019.7.

(a) Each public or private employer shall not discipline, discharge, or discriminate against any employee because of national origin or immigration status, or solely because the employee is subject to immigration or deportation proceedings, except as required to comply with the law. An employee subject to immigration or deportation proceedings shall not be discharged solely because of pending immigration or deportation proceedings, so long as the employee is authorized to work in the United States.

(b) Subdivision (a) shall not be construed to require leave in addition to the leave required pursuant to Section 1019.6.

1019.8.

(a) (1) The provisions of this chapter shall not invalidate a collective bargaining agreement or memorandum of understanding that contains a provision addressing rehire or reinstatement rights or leave rights regarding employees who are subject to immigration proceedings.

(2) The provisions of this chapter shall not supersede the seniority provisions of a collective bargaining agreement or a memorandum of understanding.

(b) The Labor Commissioner shall enforce this chapter.

1019.9.

For purposes of this chapter, the following definitions apply:

(a) “Postintroductory employee” means an employee who has successfully completed their probation period of employment, if applicable.

(b) “Public employer” means an employer as defined in paragraph (2) of subdivision (e) of Section 512.1.

1019.10.

This chapter shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed.