MMBA paid leave rule extended
September 18, 2013 by Peter McEntee
Governor Jerry Brown has signed an extension to California labor law regarding the right of public employees covered by the Meyers-Milias-Brown Act (“MMBA”) to receive paid time off when engaged in labor matters.
Current MMBA law requires that employers pay for time off for union representatives when in negotiations or when otherwise formally meeting and conferring with the Employer. The MMBA does not currently require paid time off when an employee is needed as a witness on behalf of the union or as a representative in other formal proceedings, such as Public Employment Relations Board (PERB) or personnel commission hearings.
AB 1181, signed into law by the Governor, steps into this void. AB 1181 amends the MMBA to require covered employers to allow reasonable paid time off to representatives of recognized employee organizations who testify or appear as the union’s designated representative in the following proceedings:
- conferences, hearings, or other proceedings before PERB concerning unfair practice charges filed by the employee organization against the public agency or by the public agency against the employee organization; and
- hearings before personnel or merit commissions.
The employee organization must simply provide reasonable notice to the employer requesting the leave. This new requirement becomes effective on January 1, 2014.
This is an important expansion of the current law, allowing public sector union representatives to take part in important hearings related to the union’s representation of their members without losing pay. Beeson Tayer and Bodine (BT&B) labor law practice areas cover both public and private sector union and employee job rights. Search our employment law blog and sign up for our newsletter for more information on legal activities related to union and employee representation.
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