Legislation Expands Circumstances Under Which Public Agencies Must Give Paid Leave to Employees Participating in Employee Organization Activities

Current law provides that public agencies must “allow a reasonable number of public agency employee representatives of recognized employee organizations reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the public agency on matters within the scope of representation.”  The Governor recently approved legislation to expand the circumstances under which employee representatives must receive time off for activities related to employee organizations.

AB 1181 amends section 3505.3 of the Government Code and provides public agencies must now “allow a reasonable number of public agency employee representatives of recognized employee organizations reasonable time off without loss of compensation or other benefits when they are participating in” several activities specified by statute.  Public agencies must allow time off where representatives are “[f]ormally meeting and conferring with representatives of the public agency on matters within the scope of representation.”  Time off must also be given when representatives are “[t]estifying or appearing as the designated representative of the employee organization in conferences, hearings, or other proceedings before the board, or an agent thereof, in matters relating to a charge filed by the employee organization against the public agency or by the public agency against the employee organization.”

“Designated representative” is defined by the statute as an officer of the employee organization or a member serving in proxy of the employee organization.”  Public agencies are also required to give designated representatives of an employee organization time off when they are testifying or appearing before a personnel or merit commission.  However, the employee organization must give the employer reasonable notice when a leave of absence is requested.

Questions

If you have any questions concerning the content of this Legal Alert, please contact the following from our office, or the attorney with whom you normally consult.

Bruce A. Scheidt, Laura Izon Powell, David W. Tyra, Kristianne T. Seargeant, Mona G. Ebrahimi or Maggie W. Stern | 916.321.4500