BILL ANALYSIS                                                                                                                                                                                                    



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          SENATE THIRD READING
          SB 1661 (Kuehl)
          As Amended August 23, 2002
          Majority vote 

           SENATE VOTE  :22-15  
           
           INSURANCE           11-7        APPROPRIATIONS      13-8        
           
           ----------------------------------------------------------------- 
          |Ayes:|Calderon, Chavez, Diaz,   |Ayes:|Steinberg, Alquist,       |
          |     |Dutra, Frommer, Horton,   |     |Aroner, Cohn, Corbett,    |
          |     |Keeley, Koretz, Nakano,   |     |Diaz, Firebaugh,          |
          |     |Vargas, Washington        |     |Goldberg, Negrete McLeod, |
          |     |                          |     |Pavley, Simitian,         |
          |     |                          |     |Washington, Wiggins       |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Bogh, Briggs, John        |Nays:|Bates, Ashburn, Daucher,  |
          |     |Campbell, Dickerson,      |     |Maldonado, Robert         |
          |     |Havice, Mountjoy, Richman |     |Pacheco, Papan, Runner,   |
          |     |                          |     |Zettel                    |
           ----------------------------------------------------------------- 
           SUMMARY  :  Permits disability compensation for any individual who  
          is unable to work due to the employee's own sickness or injury,  
          the sickness or injury of a family member, as defined, or the  
          birth, adoption, or foster care placement of a new child; and  
          establishes, within the state disability insurance program, a  
          family temporary disability insurance (FTDI) program to provide  
          up to six weeks of wage replacement benefits to workers who take  
          time off work to care for a seriously ill child, spouse, parent,  
          domestic partner, or to bond with a new child.  Specifically,  
           this bill  :  

          1)Expands disability insurance rights and benefits due to an  
            employee's need to provide care for any sick or injured family  
            member, as defined, or the birth, adoption, or foster care  
            placement of a new child.

          2)Creates a FTDI program to provide up to six weeks of wage  
            replacement benefits to workers who take time off work to care  
            for a seriously ill child, spouse, parent, domestic partner,  
            or to bond with a new child. 

          3)Defines "family care leave" to mean any of the following:  a)  








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            leave for reason of the birth of a child of the employee or  
            the employee's domestic partner, the placement of a child with  
            an employee in connection with the adoption or foster care of  
            the child by the employee or domestic partner, or the serious  
            health condition of a child of the employee, spouse or  
            domestic partner; or, b) leave to care for a parent, spouse,  
            or domestic partner who has a serious health condition.

          4)Defines "serious health condition" to mean an illness, injury,  
            impairment, or physical or mental condition that involves  
            inpatient care in a hospital, hospice, or residential health  
            care facility, or continuing treatment or continuing  
            supervision by a health care provider.

          5)Provides that an individual shall be deemed eligible for FTDI  
            benefits on any day that he or she is unable to perform his or  
            her regular or customary work because he or she is caring for  
            a new or seriously ill child, parent, spouse, or domestic  
            partner. This eligibility is subject to a waiting period of  
            seven consecutive days during each FTDI benefit period with  
            respect to which waiting period no benefits are payable.

          6)Requires the certificate to establish medical eligibility to  
            contain the following: a) a diagnosis and diagnostic code  
            prescribed in the International Classification of Diseases,  
            or, where no diagnosis, has yet been obtained, a detailed  
            statement of symptoms; b) the date, if known, on which the  
            condition commenced; c) the probable duration of the  
            condition; d) an estimate of the amount of time that the  
            physician or practitioner believes the employee is needed to  
            care for the child, parent, spouse, or domestic partner; and,  
            e) a statement that the serious health condition warrants the  
            participation of the employee to provide care for his or her  
            child, parent, spouse, or domestic partner.

          7)States that the term "Warrants the participation of the  
            employee" includes, but is not limited to, providing  
            psychological comfort, and arranging "third party" care for  
            the child, parent, spouse, or domestic partner, as well as  
            directly providing, or participating in, the medical care.

          8)Makes it unlawful to falsely certify the medical condition of  
            any person in order to obtain FTDI benefits, to knowingly  
            present or cause to be presented any false or fraudulent  
            statement in support of any claim for FTDI benefits, or to  








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            knowingly solicit or receive any payment for soliciting a  
            claimant to apply for FTDI benefits.  

          9)Requires the Director (director) of the Employment Development  
            Department (EDD) to increase the rate of worker contributions  
            by .08% for the 2004 and 2005 calendar years to cover the  
            initial cost of FTDI benefits

          10)Provides that the maximum amount payable to an individual  
            during any disability benefit period for FTDI shall be six  
            times his or her "weekly benefit amount," but in no case shall  
            the total amount of benefits payable be more than the total  
            wages paid to an employee during his or her disability base  
            period.

          11)Provides that no more than six weeks of FTDI benefits shall  
            be paid within any 12-month period.  

          12)Provides that an individual is not eligible for FTDI benefits  
            with respect to any day that another family member is able and  
            available for the same period of time that the individual is  
            providing the required care.  

          13)Specifies that an individual who is entitled to leave under  
            the federal Family and Medical Leave Act (FMLA) and  
            California's Family Rights Act (CFRA) must take FTDI leave  
            concurrent with leave taken under the FMLA and the CFRA.  

          14)Specifies that as a condition of an employee's initial  
            receipt of FTDI benefits during any 12-month period in which  
            an employee is eligible for these benefits, an employer may  
            require an employee to take up to two weeks of earned but  
            unused vacation leave prior to the employee's initial receipt  
            of these benefits.  

          15)Provides that if the director finds that any individual  
            falsely certifies the medical condition of any person in order  
            to obtain FTDI benefits, with the intent to defraud, the  
            director shall assess a penalty against the individual in the  
            amount of 25% of the benefits paid as a result of the false  
            certification.  Specifies that penalties collected shall be  
            deposited in the contingent fund.

           EXISTING LAW :









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          1)Provides for the offering of a non-occupational disability  
            insurance program. 

          2)Establishes the State Disability Insurance (SDI) program  
            covering approximately12 million workers in California. Some  
            employees are exempt from SDI (i.e., railroad employees, some  
            employees of non-profit agencies, employees who claim  
            religious exemptions, and most government employees). Some  
            local government workers, including school employees, may be  
            entitled to SDI benefits as a function of collective  
            bargaining.  Self-employed individuals may elect, under  
            specified conditions, to be covered. 

          3)Authorizes EDD to pay SDI benefits as partial wage replacement  
            to employees who are disabled.  

          4)Defines "disability" as any mental or physical illness or  
            injury that prevents an employee from performing his or her  
            regular or customary work.  (This includes elective surgery  
            and illness or injury resulting from pregnancy, childbirth or  
            related conditions.) 

          5)Permits an employer to offer employees a voluntary disability  
            plan (VP) in place of SDI coverage. 

          6)Mandates a VP to provide all the benefits of SDI and at least  
            one benefit superior than SDI. Requires director to approve a  
            VP.  Also requires a majority of the employees to consent to  
            the plan.  (Neither an employee nor his or her employer is  
            liable for worker contributions to the Disability Fund while  
            the worker is in a VP. However, an employer must pay into the  
            Disability Fund an amount equal to 14% of the amount employees  
            would have otherwise paid into the fund had the employee not  
            been in a VP. 

          7)Makes it an unlawful employment practice for an employer to  
            refuse to allow a female employee affected by pregnancy,  
            childbirth, or related medical condition to take a leave on  
            account of pregnancy for a reasonable period of time, not to  
            exceed four months. "Reasonable period of time" means the  
            amount of time the female employee is disabled on account of  
            pregnancy, childbirth, or related medical condition. (The Fair  
            Employment and Housing Act (FEHA)).

          8)Establishes that it is an unlawful employment practice for any  








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            employer to refuse to grant a request by any employee with  
            more than one year of service and who has worked at least  
            1,250 hours during the previous 12-month period, to take  
            family care and medical leave for up to 12 workweeks: a) in  
            connection with the birth or adoption or serious health  
            condition of the employee's child; b) to care for a parent or  
            spouse who has a serious health condition; or, c) because of  
            the employee's own serious health condition. This provision  
            applies to an employer who employs 50 or more employees within  
            75 miles of the employee's work-site, the state, and any  
            political or civil subdivision of the state, and cities.  
            (CFRA).

          9)Provides that any employer authorizing sick leave for an  
            employee must permit the employee to use, in any calendar  
            year, the employee's accrued and available sick leave  
            entitlement. This sick leave shall be in an amount not less  
            than the sick leave that would be accrued during six months at  
            the employee's then current rate of entitlement, to attend to  
            an illness of a child, parent, spouse, or domestic partner of  
            the employee.

           FISCAL EFFECT  :  EDD estimates this bill will result in costs of  
          $73.2 million in 2003-04 and $117.7 million in 2004-05 from the  
          Disability Fund; offset by rate revenues. 

           COMMENTS  :  It is the author's intent to create the FTDI Program  
          to help reconcile the demands of work and family.  In  
          recognition of the shared benefit, the program will be  
          implemented through employee contributions and the provision of  
          benefits by employers, and shall be administered in accordance  
          with the policies of the SDI program.

          The United States is one of the few developed countries in the  
          world without a national paid parental leave program.  One  
          hundred and thirty countries have leave policies.  Just three of  
          those countries - Ethiopia, Australia and the United States -  
          provide only unpaid leave.

          SDI is financed through a mandatory employee payroll  
          contribution that is paid into the Disability Trust Fund. The  
          director of EDD determines the contribution rate, based upon a  
          statutory formula.  On or before October 31 of each calendar  
          year, the director is required to prepare a public statement  
          declaring the rate (rounded to the nearest one-tenth of one  








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          percent) of worker contributions for the calendar year and  
          promptly notify all employers of covered employees. 

          A claimant employee establishes medical eligibility for each  
          uninterrupted period of disability by filing a first claim for  
          disability benefits supported by the certificate of a treating  
          physician or practitioner. 

          The current contribution rate is 0.9% of wages not to exceed  
          approximately $46,300 per year (i.e., the worker's contribution  
          is about $ 417). In 2003, the wage base will increase to about  
          $56,900.  The maximum contribution rate cannot exceed 1.3%.
                     
          The weekly benefits replace 55% of base period earnings, from  
          $50 per week to a maximum of $490.  Future SDI benefit increases  
          are tied to the level of workers' compensation temporary  
          disability benefits for work-related injuries. Workers'  
          compensation temporary disability benefits are scheduled to  
          increase from $490 to $602 for injuries occurring on and after  
          January 1, 2003, to $728 for injuries occurring on or after  
          January 1, 2004, and to $840 for injuries occurring on or after  
          January 1, 2005. Commencing January 1, 2006, and each January 1  
          thereafter, the maximum and minimum benefit is increased by an  
          amount equal to the percentage increase in the "state average  
          weekly wage" as compared to the prior year.  

          Every claim is assessed a seven-day non-payable waiting period.   
          Benefits may be collected for up to 52 weeks.

          An employer is not required to hold a job simply because an  
          employee is receiving SDI benefits.  An employee does have the  
          right to return to his or her job if the employee is covered by  
          mandatory leave laws such as pregnancy leave or family care and  
          medical leave.

          For 2001, total first claims paid for disability insurance  
          equaled 656,400.  Of these claims, 145,700 were for  
          pregnancy-related first claims.

          The average duration for a claim in 2001 was 13.87 weeks. The  
          average weekly benefit amount was $292.60 in 2001.

           Voluntary Plan  :  An employer may assume all or part of the cost  
          of a VP and may deduct wages for the purpose of providing  
          benefits.  An employee's rate of contribution cannot exceed the  








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          amount paid by an employee who is covered by SDI. 
           
           EDD Pregnancy Disability Policy  :  EDD allows up to four weeks  
          pre-partum and six weeks post-partum disability leave without  
          requiring the worker to obtain additional information from her  
          treating physician beyond stating that the disability is for a  
          normal pregnancy.  EDD has based this policy on established  
          medical guidelines for medical disabilities and accepted  
          practice in the medical community to allow four weeks pre-partum  
          and six weeks post-partum leave.

           Pregnancy Disability Leave (PDL)  :  An employer is not required  
          to pay an employee on PDL unless the employer pays for other  
          types of disability leave.  If an employer pays for other  
          disability leave, the employer must pay an employee on PDL up to  
          six weeks paid leave.  PDL applies to any person that regularly  
          employs five or more persons, or any person acting as an agent  
          of an employer, directly or indirectly, the state or any  
          political or civil subdivision of the state, and cities, with  
          specified exceptions.
                     
          Family Care and Medical Leave  :  Under the CFRA, an employee's  
          pregnancy is not considered a serious health condition that  
          would allow her to take CFRA leave.  However, the employee can  
          take CFRA leave for reason of the birth of a child of the  
          employee.  CFRA leave is unpaid leave.

           Sick Leave  :   All conditions and restrictions placed by the  
          employer upon the use by an employee of sick leave also apply to  
          the use by an employee of sick leave to attend to an illness of  
          his or her child, parent, spouse, or domestic partner.  
                     
          No employer can deny an employee the right to use sick leave. In  
          addition, no employer can discharge, threaten to discharge,  
          demote, suspend, or in any manner discriminate against an  
          employee for using, or attempting to exercise the right to use,  
          sick leave to attend to an illness of a child, parent, spouse,  
          or domestic partner.
                     
          However, although an employee cannot be discriminated against  
          for taking time off to care for a child, parent spouse, or  
          domestic partner, an employer may have an "absence control  
          policy" that allows the employer to discipline an employee for  
          excessive absenteeism. Therefore, all conditions and  
          restrictions placed by the employer upon the use of sick leave  








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          also apply to the use by an employee of sick leave to attend to  
          an illness of his or her child, parent, spouse, or domestic  
          partner. An employer may use these latter absences as part of an  
          absence control policy. 

           Coverage  :  The SDI program and this bill do not cover government  
          employees, with limited exceptions.  

          Local public employers, including public school employers, may  
          elect SDI coverage for employees of a specified bargaining unit,  
          provided the election is the result of a negotiated agreement.

          Employees of the State of California, California State  
          University and the California Legislature are not eligible for  
          the SDI program and, instead, are provided non-occupational  
          disability payments through the Non-Industrial Disability  
          Insurance (NDI) program that is funded through the General Fund.
                     
          The NDI program was created in 1976 and the formula for  
          establishing weekly benefits was tied to the average state  
          employee's salary at the time.  Since 1976, NDI weekly benefits  
          have been increased once, by $10 per week.  The weekly maximum  
          benefit under NDI is $135. Unlike SDI, however, NDI benefits are  
          taxed as income. Further, while SDI benefits continue for 52  
          weeks, NDI benefits are available for only 26 weeks.

          PDL applies to employers with five employees or more. CFRA  
          applies to employers with 50 or more employees within a 75mile  
          radius. These thresholds were established to balance the needs  
          of the employee against undue hardship to the employer caused by  
          the employee's absence.

          SDI covers private sector employees regardless of the size of  
          the establishment within which the employee works.  

           Benefits Period  :  Existing law and the amendments to existing  
          law by this bill apply to benefits payable up to 52 weeks.  The  
          new program created by this bill relating to seriously ill  
          family members limits benefit payment to 12 weeks. 

           Job Security  :  An employer is not required to hold a job for an  
          employee who is receiving SDI benefits.  There are approximately  
          5,368,000 private sector employees who work for enterprises  
          employing less than 50 workers, i.e. not covered by CFRA, and,  
          therefore, do not have job protection for taking sick leave.  








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           Financing  :  The new program created by this bill provides that  
          50% of the benefits are to be provided by the employer to the  
          employee, either directly or by means of insurance procured by  
          the employer.  An employer may elect to contribute an amount  
          equal to the employee's FTDI premium into the Disability Fund.   
          Those employers who can pay the benefit directly or obtain  
          insurance will do so, presumably, because the cost would be less  
          that contributing into the Disability Fund.  In essence, such  
          employers would not be paying their "fair share."  Employers  
          must furnish benefits in excess of SDI.

          SUPPORT ARGUMENTS:  SB 1661 helps families to help themselves by  
          expanding the State Disability Insurance Program to provide up  
          to 12 weeks of paid leave to care for a seriously ill family  
          member or new child. This Family Temporary Disability Insurance  
          Program will be fully funded by equal contributions from  
          employees and employers.

          EDD studied the fiscal impact of extending disability benefits  
          to employees granted family care and medical leave. In EDD's  
          June 2000 report to the Legislature, they estimate that  
          providing this expanded benefit would cost a maximum of $46/year  
          per employee, or less than $1 a week. 

          The need for family temporary disability insurance benefits has  
          intensified. This is particularly evident as both parents'  
          participation in the workforce has increased, and the number of  
          single parents in the workforce has grown.  The need for partial  
          wage replacement for workers taking family care leave will be  
          exacerbated as the population of those needing care, both  
          children and parents of workers, increases in relation to the  
          number of working age adults.
                       
          Developing systems that help families adapt to the competing  
          interests of work and home not only benefits workers, but also  
          benefits employers by increasing worker productivity and  
          reducing employee turnover.

          FMLA and CFRA entitle eligible employees working for covered  
          employers to take unpaid, job-protected leave for up to 12-work  
          weeks in a 12-month period.  Under the FMLA and the CFRA, unpaid  
          leave may be taken for the birth, adoption, or foster placement  
          of a new child; to care for a seriously ill child, parent, or  
          spouse; or for the employee's own serious health condition.








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          SDI benefits currently provide wage replacement for workers who  
          need time off due to their own non-work-related injuries,  
          illnesses, or conditions, including pregnancy, that prevent them  
          from working. SDI does not cover leave to care for a sick or  
          injured child, spouse, parent, domestic partner, or leave to  
          bond with a new child.

          The majority of workers in this state are unable to take family  
          care leave because they are unable to afford leave without pay.   
          When workers do not receive some form of wage replacement during  
          family care leave, families suffer from the worker's loss of  
          income, increasing the demand on the state unemployment  
          insurance system and dependence on the state's welfare system.

          The California Labor Federation, the sponsor of this bill,  
          states that while federal and state laws guarantee unpaid family  
          and medical leave for childbirth or family illness, many  
          families simply cannot afford to take time off.  This is a  
          family values issue.  This legislation will go a long way in  
          supporting working families in their efforts to cope with work  
                                                                                and family.   

          The California Medical Association (CMA) states that the program  
          proposed in this bill could offset costs of hospitalization or  
          skilled nursing services for persons that could be cared for at  
          home in a hospitable and less costly setting.  Perhaps, even  
          more importantly, it would promote caring for family members and  
          loved ones by family members and loved ones.

          The California National Organization for Women argues that most  
          people cannot afford to take time off work without pay and are  
          therefore unable to help family members who are in urgent need  
          of care.  Employees who have family responsibilities should not  
          be put in the position of having to choose between a paycheck  
          and a loved one.

           Growing Elder Care Needs  :  In 1997, one in four Americans had an  
          elderly relative to care for, and many reduced their work hours  
          or took at least a brief leave to care for that person. In the  
          coming years, the need for this type of family leave will only  
          become more urgent. Nearly two-thirds of American men and women  
          under the age of 60 believe that they will have to care for an  
          older relative in the next decade. 









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           Risk to Newborns  :  With only unpaid leave available, parents of  
          new babies are forced to rush back to work, often leaving their  
          babies in less-than-optimal care. When babies are six or even  
          eight weeks old, it is extremely difficult to find care for them  
          in a licensed center. Most states prohibit centers from taking  
          babies under six weeks old, and for good reason. A young  
          infant's immune system is not yet mature, making babies highly  
          susceptible to infection  .
           


          OPPOSITION ARGUMENTS:  The California Manufacturers and  
          Technology Association (CMTA) is not opposed to establishing,  
          within the state disability insurance program, a family  
          temporary disability insurance program to provide up to 12 weeks  
          of wage replacement benefits to workers who take time off work  
          to care for a seriously ill child, spouse, parent, domestic  
          partner, or to bond with a new child.  

          However, the bill also proposes to pay for the additional  
          benefits through additional employee contributions, and by  
          requiring employers to provide benefits either directly, through  
          private insurance, or by an election to contribute to the  
          Disability Fund.  CMTA is opposed to the mandate on employers to  
          provide these additional benefits in any form except on a  
          voluntary basis. "Our past experiences with proposals similar to  
          SB 1661 have all indicated that it is an expensive program that  
          may be greatly expanded by aggressive utilization."

          The state disability insurance program is an employee-paid  
          program through payroll deductions.  If employees are interested  
          in adding dependent coverage, "I don't believe CMTA would oppose  
          it even though it would add more administrative costs and  
          disruptions of work due to more employee absences."  However,  
          along with making the decision to add dependent coverage,  
          employees should expect to have to pay more for the coverage.  

          The California Chamber of Commerce opposes this bill because it  
          mandates the establishment of a new paid leave benefit program  
          paid for by new taxes levied on all employers and their workers.  
          The California Chamber strongly opposes SB 1661's establishment  
          of two new taxes to pay for the proposed paid leave benefit  
          program; a proposed increase in the current state disability  
          insurance tax formula; plus the proposed new 14% "regulatory  
          fee" to be levied on voluntary employer SDI plans. 








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          The Chamber avers that the SDI Trust Fund is nearly bankrupt;  
          and, according to EDD, the SDI Trust Fund reserve adequacy level  
          has dropped

          The Chamber notes that legislation enacted in 1999 permanently  
          linked the level of SDI benefits to workers' compensation  
          benefits.  At the time, EDD advised that the linkage would  
          reduce SDI Trust Fund reserves from a high of 91 percent in 1996  
          to only 54 percent by the end of 2001 and that annual average  
          worker SDI taxes would increase from $191 to $278 (a 53%  
          increase).

          In 2000 the administration imposed a two-tier SDI tax increase  
          on all workers to avoid SDI Trust Fund bankruptcy.  The Chamber  
          believes SB 1661 places additional strain on an already stressed  
          program.

          The Chamber argues that earlier EDD cost projections have proved  
          inadequate and far too optimistic. According to the Chamber, new  
          EDD information shows that as of January 1, 2002, the SDI Trust  
          Fund reserves plummeted to only 15.4 (a drop of nearly 70% ).   
          In addition, over the same period, California worker-paid SDI  
          taxes have more than tripled.  Because the legislature recently  
          increased the workers' compensation benefits, SDI benefits must  
          increase to match the increased workers' compensation benefit.  
          Worker taxes will need to increase to meet the demands of the  
          higher benefits.  Proponents of SB 1661 now want to increase the  
          percentage SDI taxes paid by workers; plus impose additional,  
          new taxes on both workers and businesses. 

          Moreover, the Chamber believes that SB 1661's new paid leave  
          benefits, paid for by new mandated taxes is impermissible under  
          federal law.  The Chamber claims that the federal Employment  
          Retirement and Income Security Act (ERISA) forbids states from  
          establishing mandated employee welfare benefits such as those  
          contained in SB 1661.  

          Finally, the Chamber notes that employers are concerned that SB  
          1661 does not contain any size limitation.  The proposed leave  
          program will apply to all employers regardless of size. The  
          Chamber believes that this is unnecessary and will harm small  
          businesses in our state. The Chamber claims that bills like SB  
          1661 make it even more difficult, and certainly much more  
          expensive, to do business in California.








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           Prior Related Legislation  :  AB 109 (Knox), Chapter 164, Statutes  
          of 1999, stipulates that any employer who provides sick leave  
          for employees must permit an employee to use, in any calendar  
          year, the employee's accrued and available sick leave  
          entitlement, in an amount not less than the sick leave that  
          would be accrued during six months at the employee's then  
          current rate of entitlement, to attend to an illness of a child,  
          parent, spouse, or domestic partner of the employee. ("Domestic  
          partner" was added by AB 25 (Migden), Chapter 893, Statutes of  
          2001.)

          AB 2815 (Kuehl), allowing employees of the State of California,  
          the California Legislature and the California State University  
          to be covered by the State Disability Insurance program, was  
          vetoed by the Governor. The Governor stated in his veto message,  
          "To the best of my knowledge, this bill conveys no new rights or  
          benefits to employees.  Whether or not this bill becomes law,  
          employees have the very same rights to negotiate at the  
          bargaining table for these benefits."

          SB 118 (Hayden), providing that an employee may take family care  
          and medical leave to care for a grandparent or sibling, or  
          domestic partner, as defined, as well as an adult child, who has  
          a serious health condition or to care for an individual who  
          depends on the employee for immediate care and support, who  
          shares a common residence with the employee and who has a  
          serious health condition was vetoed by the Governor.  In his  
          veto message, the Governor stated: "This measure, while  
          well-intentioned, extends the right (to take time off) far  
          beyond what any other state has permitted to a relationship  
          outside the family - specifically, to individuals who live  
          together to share expenses if one of those individuals  
          subsequently becomes seriously ill."

          SB 1149 (Speier), providing that the CFRA applies to employers  
          who employ 20 or more employees within 75 miles of the work-site  
          where that employee is employed. 
                    
          SB 1149 (Hayden), vetoed by the Governor, was essentially the  
          same as SB 118 (supra), providing that an employee may take  
          family care and medical leave to care for a grandparent or  
          sibling, or domestic partner, as defined, as well as an adult  
          child, who has a serious health condition, but does not include  
          the provision relating to caring for an individual who depends  








                                                                  SB 1661
                                                                  Page  14

          on the employee for immediate care and support, who shares a  
          common residence with the employee and who has a serious health  
          condition. The Governor stated in his veto message: "As I said  
          when I vetoed an earlier bill by this author [i.e. SB 118], I  
          would be pleased to consider reasonable changes to the Domestic  
          Partner Act next year."
                    
          SB 656 (Solis), Chapter 973, Statutes of 1999, Increases the  
          maximum disability benefit from $336 to $490 per week, making  
          SDI benefits equal to weekly benefits for workers' compensation  
          temporary disability and indexes SDI levels to future workers'  
          compensation temporary disability increases. Also requires EDD  
          to conduct a cost study and report to the Legislature by July 1,  
          2000, on expanding the definition of "disabled" for the purpose  
          of qualifying for SDI benefits individuals on leave pursuant to  
          the Family Rights Act (FRA). 

          AB 1844 (Washington), allowing a pregnant woman to be eligible  
          for disability benefits for a period of 10 weeks, as specified,  
          died in the Senate Appropriations Committee (2000).
           
          SB 1197 (Romero), prohibiting a public or private employer from  
          adopting an absence control policy that disciplines employees  
          for use of sick leave to attend to an illness of an employee's  
          child, parent, or spouse was vetoed by the Governor. In his veto  
          message, the Governor stated: "I agree employees should have a  
          right to use one half of their paid sick leave to attend to a  
          sick child, parent or spouse.  That is why I signed those  
          provisions into law in 1999 (AB 109 Knox)."

          SB 1471 (Romero), prohibits a public or private employer from  
          adopting an absence control policy that disciplines employees  
          for use of sick leave to attend to an illness of an employee's  
          child, parent, or spouse.  


           Analysis Prepared by  :    Michael Mattoch / INS. / (916) 319-2086  




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