Expanded Leave Protection for Employee Training

California leave law has become a little more complicated. Yesterday the Governor signed AB 11 into law. The bill amends section 230.4 of the California Labor Code and expands the number of employees who are protected when taking time off for training that is unrelated to their employment. Prior to AB11, the Labor Code included a number of protections for employees who serve as volunteer firefighters or other public safety officials. These employees are protected in taking time off to perform public safety duties in an emergency. This protection applies regardless of the employer’s size. A similar protection applies to employees in the civil air patrol, but only when the employer has 15 or more employees. A further protection for volunteer firefighters exists if the employer has 50 or more employees. In that case, the firefighters are entitled to take up to 14 days of protected leave each calendar year for the purpose of participating in training exercises. AB 11 expands this training time protection. Now larger employers (50+ employees) must permit reserve peace officers and emergency rescue personnel to take the same amount of training time as volunteer firefighters. There is no obligation to pay employees for any of this time off, but failure to provide the time off or discrimination because of it can result in liability, including an award of reinstatement and reimbursement for lost wages and work benefits. This expansion of California leave law should serve as a reminder for employers that our laws are increasingly complex and difficult to manage. Any time an employee requests or takes time off, employers should be careful not to take disciplinary action without first fully understanding the law.