Employment: immigration and work authorization.

Assembly Member Ortega's employment protection measure establishes new requirements for California employers regarding workers facing immigration-related proceedings, creating a framework for unpaid leave and job reinstatement rights. The legislation requires employers with more than 25 employees to provide up to five unpaid working days annually for employees to attend immigration-related appointments, interviews, legal proceedings, or other mandatory meetings concerning their immigration or work authorization status.

The bill mandates that employers reinstate postintroductory employees who were terminated due to expired work authorization, provided they obtain proper documentation within 12 months. These workers return to their former positions without loss of seniority, though they do not accrue benefits during their absence. For employees detained in immigration proceedings, employers must provide unpaid leave for up to 12 months, with similar reinstatement rights upon release and proof of work authorization. The measure prohibits employers from discriminating against or terminating workers solely due to their involvement in immigration proceedings, as long as they maintain authorization to work in the United States.

While preserving existing collective bargaining agreements that address immigration-related leave or reinstatement rights, the legislation tasks the Labor Commissioner with enforcement of these new provisions. The requirements apply to both public and private sector employers, excluding those with 25 or fewer employees, and contain a sunset clause that terminates the program on July 1, 2029.