Starting January 1st 2019, Section 3558.8 of the California Government Code goes into effect. This
much needed law ensures that public employees are able to take a leave of
absence in order to represent their union without losing their job or benefits
during time performing union duties.
Often referred to as “loss time,” this leave allows
employees the ability to perform union duties without loss of pay or other
employment benefits. Under the new law, a public employer is required to grant
employees, after meeting-and-conferring, reasonable leaves of absence in order
for those employees to serve as stewards or officers of their exclusive
representative.
It is important to note, the union must reimburses the
employer for the costs of the employee’s salary and benefits while employers
are permitted to utilize temporary employees to fill a union representative’s
position while they are absent.
Other key elements of the new law include:
·
Reasonable
Leave: Section 3558.8 requires that the public employer grant a “reasonable
time.” Although “reasonable time” is not defined, the new law states that leave
may be granted on a full-time, part-time, periodic, or intermittent basis.
·
Right to
Reinstatement: At the conclusion of the leave, the employee is entitled to
be reinstated to the same position and work location held prior to the leave. If
that is unfeasible, the employee must be given a substantially similar position
without loss of seniority, rank, or classification.
·
Right to
Retirement Contributions: During any leave of absence, the public employer
is required to continue paying the employee’s salary AND any contributions to
the employee’s retirement fund under the applicable labor agreement.
