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<ns0:Id>20250AB__209897AMD</ns0:Id>
<ns0:VersionNum>97</ns0:VersionNum>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-18</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-09</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-26</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Kalra</ns0:AuthorText>
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<ns0:Name>Kalra</ns0:Name>
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<ns0:Title>An act to amend Section 132a of, and to add Section 4600.03 to, the Labor Code, relating to workers’ compensation.</ns0:Title>
<ns0:RelatingClause>workers’ compensation</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Workers’ compensation: medical treatment.</ns0:Subject>
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<html:p>Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee, as defined, for injuries that arise out of, and in the course of, employment. Existing law requires employers to provide medical, surgical, chiropractic, acupuncture, licensed clinical social worker, and hospital treatment reasonably required to cure or relieve the injured worker from the effects of the injury.</html:p>
<html:p>Existing law makes it a misdemeanor for an employer to discharge, threaten to discharge, or discriminate against, or for an insurer to advise, direct, or threaten an insured to discharge, an employee because they have filed or made known their intention to file a claim for compensation, or an application for adjudication, or because the employee has received a rating,
award, or settlement, as specified.</html:p>
<html:p>This bill would require an employee, when possible, to make a reasonable effort to schedule treatment outside of work hours. The bill would require the employee, if the timing of the treatment is foreseeable, to provide notice if treatment occurs during work hours, as specified, and require the employer to provide this leave during work hours unless business necessity requires the treatment to occur at a different time or on a different day. The bill would require that the leave taken by an employee pursuant to these provisions run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the California Family Rights Act if the employee would have been eligible for that leave. If an employer
denies an employee’s request to attend scheduled treatment, and the employer knows or should know that a business necessity does not require the treatment to occur at a different time or on a different day, the bill would make that denial a misdemeanor. The bill would also make it a misdemeanor for an employer to discharge, threaten to discharge, or discriminate against an employee because the employee requested or took leave pursuant to these provisions.</html:p>
<html:p>By
creating new crimes, this bill would impose a state-mandated local program.</html:p>
<html:p>The bill would make other conforming changes.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_8B77BB93-040D-4616-BA5B-5251608F205C">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 132a of the
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is amended to read:
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<ns0:Num>132a.</ns0:Num>
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(a)
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It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment.
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<html:p>
(1)
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Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because the employee has filed or made known
their intention to file a claim for compensation with their employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and the employee’s compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.
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<html:p>
(2)
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Any insurer that advises, directs, or threatens an insured under penalty of cancellation or a raise in premium or for any other reason, to discharge an
employee because
the employee has filed or made known their intention to file a claim for compensation with their employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and subject to the increased compensation and costs provided in paragraph (1).
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(3)
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Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because the employee testified or made known
their intentions to testify in another employee’s case before the appeals board, is guilty of a misdemeanor, and the employee shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.
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<html:p>
(4)
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Any insurer that advises, directs, or threatens an insured employer under penalty of cancellation or a raise in premium or for any other reason, to discharge or in any manner discriminate against an employee because the employee testified or made known their intention to testify in another employee’s case before the appeals board, is guilty of a misdemeanor.
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(5)
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Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because the employee requested or took leave pursuant to Section 4600.03, is guilty of a misdemeanor, and the employee shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.
</html:p>
<html:p>
(b)
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Proceedings for increased compensation as provided in paragraph
(1) of subdivision (a), or for reinstatement and reimbursement for lost wages and work benefits, are to be instituted by filing an appropriate petition with the appeals board, but these proceedings may not be commenced more than one year from the discriminatory act or date of termination of the employee. The appeals board is vested with full power, authority, and jurisdiction to try and determine finally all matters specified in this section subject only to judicial review, except that the appeals board shall have no jurisdiction to try and determine a misdemeanor charge. The appeals board may refer and any worker may complain of suspected violations of the criminal misdemeanor provisions of this section to the Division of Labor Standards Enforcement, or directly to the office of the public prosecutor.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 4600.03 is added to the
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, to read:
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<ns0:Num>4600.03.</ns0:Num>
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<html:p>
(a)
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When possible, an employee shall make a reasonable effort to schedule treatment pursuant to Section 4600, outside of regular work hours. A reasonable effort shall not require a worker to consequentially delay treatment.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If treatment pursuant to Section 4600 occurs during working hours and if the timing of the treatment is foreseeable, the employee shall provide reasonable, advance notification to the employer. If the timing of the treatment is unforeseeable, the employee shall provide notice of the treatment as soon as practicable.
</html:p>
<html:p>
(c)
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(1)
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If an employee has requested leave during work hours for treatment pursuant to subdivision (b), the employer
shall not deny the request unless business necessity would require the treatment to occur at a different time or on a different day.
</html:p>
<html:p>
(2)
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An employer who denies a request, and who knows or should know that business necessity does not require the treatment to occur at a different time or on a different day, is guilty of a misdemeanor.
</html:p>
<html:p>
(d)
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Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.), if the employee would have been eligible for that leave at the time leave was taken, and the Moore-Brown-Roberti Family Rights Act, commonly referred to as the California Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code), if the employee would have been eligible for that leave at the time leave was taken.
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<html:p>
(e)
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For purposes of this section, “business necessity” means an overriding legitimate business purpose such that denial of the request is necessary to the safe and efficient operation of the business, and for which there is no feasible alternative to denial of the request that would serve the business purpose.
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<ns0:Num>SEC. 3.</ns0:Num>
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<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
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B of the California Constitution.
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