BILL ANALYSIS
SB 549
Page 1
SENATE THIRD READING
SB 549 (Corbett)
As Amended July 2, 2007
Majority vote
SENATE VOTE :23-13
LABOR AND EMPLOYMENT 5-2 APPROPRIATIONS 11-5
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|Ayes:|Swanson, Fuentes, Laird, |Ayes:|Leno, Caballero, Davis, |
| |Leno, Ruskin | |DeSaulnier, Huffman, |
| | | |Karnette, Krekorian, |
| | | |Lieu, Ma, Nava, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Strickland, Gaines |Nays:|Walters, Emmerson, La |
| | | |Malfa, Nakanishi, Sharon |
| | | |Runner |
| | | | |
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SUMMARY : Gives employees in California the right to take four
days of unpaid time off in the event of the death of specified
relatives. Specifically, this bill :
1)Prohibits an employer from discharging, disciplining, or
discriminating against an employee for inquiring about,
requesting, or taking up to four days bereavement leave upon
the death of a spouse, child, parent, sibling, grandparent,
grandchild, or domestic partner.
2)Limits the application of the right to bereavement leave to
employees who have been employed by the employer for at least
60 days.
3)States that the bereavement leave is to be unpaid, but allows
the employee to use vacation, personal leave, or compensatory
time off that is otherwise eligible to the employee.
4)Provides that the four days of bereavement leave need not be
consecutive and must be completed within 13 months of the date
of the death, as specified.
5)Permits the employer to require documentation of the death
SB 549
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within 30 days of the leave taken.
6)Grants employees the right to recover actual damages if the
employee is discriminated against for the exercise of rights
pursuant to this section.
7)Specifies that the employee may either file a complaint with
the Division of Labor Standards Enforcement (DLSE) or bring a
civil action in a court of competent jurisdiction for
violations of this section.
8)Clarifies that bereavement leave for state employees remains
subject to collective bargaining agreements.
EXISTING LAW provides employees the opportunity to take both
paid and unpaid time away from work without fear of discharge or
discrimination for a number of specified purposes.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible impact on state government as an employer,
to the extent that bereavement leave for state employees would
remain subject to collective bargaining under this bill.
According to the Department of Personnel Administration (DPA),
all state employees currently receive three days of paid
bereavement leave and may receive additional personal leave days
for various purposes.
Minor, probably absorbable cost to DLSE for the review of
potential employee complaints of discrimination related to their
exercise of bereavement leave rights.
COMMENTS : Proponents argue that everyone suffers the often
devastating loss of a relative at some point during their life.
They argue that no California employee should have to choose
between their employment and grieving the loss of a loved one.
A bereavement leave policy such as proposed in this bill, with
time off without pay, is a legitimate, humane, and reasonable
approach to this problem. The California Employment Lawyers
Association, the sponsor of this bill, notes that no federal or
state law provides job protection for an employee who must take
a leave of absence following the death of a relative. This
bill, they conclude, provides an important right to California
employees. Furthermore, this bill includes protections to
ensure that employees do not abuse the bereavement leave
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protections.
Opponents argue that this bill would unreasonably expand
employers' liability for a new protected bereavement
leave for employees. They note that employees are currently
provided protected leave in a variety of instances. This new
leave requirement would apply regardless of business necessity
of the employer and this causes undue hardships for employers
because employee absences are disruptive and interfere with
production, necessitating reassignment of work and leading to
increased costs. This bill establishes new sanctions and rights
of action against employers, creating further obstacles to
business and sending the wrong message to new and growing
businesses that could create jobs for Californians.
Analysis Prepared by : Lorie Erickson / L. & E. / (916)
319-2091
FN: 0001945