Employment: immigration and work authorization.

Assembly Member Ortega's workplace immigration protection measure establishes new requirements for California employers to accommodate employees managing immigration proceedings and documentation issues. The legislation requires employers with more than 25 employees to provide up to five unpaid working days for staff to attend immigration-related appointments, interviews, legal proceedings, or other mandatory meetings concerning their immigration or work authorization status.

The bill creates a structured process for employees whose work authorization lapses. Employees who complete their probationary period and later face termination due to expired work authorization documentation can reclaim their previous positions without losing seniority if they obtain proper documentation within 12 months. Those needing additional time may be rehired into the next available equivalent position within an additional 12-month period, though as new employees subject to a probationary period. During absences related to immigration proceedings, employees do not accrue vacation or other benefits.

Under the measure, employers cannot terminate staff solely due to pending immigration or deportation proceedings if the employee maintains valid work authorization. When employees are detained for immigration proceedings, employers must provide up to 12 months of unpaid leave and reinstate them to their former positions upon release if they present valid work authorization. The Labor Commissioner holds enforcement authority for these provisions, which operate alongside existing collective bargaining agreements offering additional worker protections.