BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 549|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 549
Author: Corbett (D), et al
Amended: 7/2/07
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMM .: 3-2, 3/28/07
AYES: Migden, Kuehl, Padilla
NOES: Wyland, Ackerman
SENATE APPROPRIATIONS COMMITTEE : 9-6, 5/31/07
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,
Ridley-Thomas, Steinberg, Yee
NOES: Cox, Aanestad, Ashburn, Dutton, Runner, Wyland
NO VOTE RECORDED: Battin, Simitian
SENATE FLOOR : 23-13, 6/6/07
AYES: Alquist, Calderon, Cedillo, Corbett, Correa, Ducheny,
Florez, Kehoe, Kuehl, Lowenthal, Migden, Negrete McLeod,
Oropeza, Padilla, Perata, Ridley-Thomas, Romero,
Simitian, Steinberg, Torlakson, Vincent, Wiggins, Yee
NOES: Aanestad, Ackerman, Battin, Cogdill, Cox, Denham,
Dutton, Harman, Hollingsworth, Margett, McClintock,
Runner, Wyland
NO VOTE RECORDED: Ashburn, Machado, Maldonado, Scott
ASSEMBLY FLOOR : 44-31, 9/4/07, see last page for vote
SUBJECT : Employees right to bereavement leave
SOURCE : California Employment Lawyers Association
CONTINUED
SB 549
Page
2
DIGEST : This bill provides employees in California with
the right to take up to four days of unpaid leave from work
upon the death of specified relatives.
Assembly Amendments : (1) provide that the bereavement
leave must be completed within 13 months following the date
of death, and (2) make technical changes.
ANALYSIS : Existing law, collective bargaining
agreements, and employer practice, allow employees to take
time off work without fear of discharge or discrimination
for a number of purposes.
1.Employers may grant employees certain paid or unpaid sick
leave, vacation time off, or other leave for the benefit
of their employees.
2.Workers represented by unions may obtain leave rights
through bargaining.
3.The City and County of San Francisco, as of February
2007, requires employers to grant all workers in San
Francisco one hour of paid sick leave for every 30 hours
worked.
4.The California Pregnancy Disability Leave program gives
pregnant women specified unpaid leave rights.
5.The federal Family and Medical Leave Act and the
California Family Rights Act require all public employers
and private sector employers with 50 or more employees to
grant employees up to 12 weeks per year of unpaid leave
to bond with a newborn child, to care for a family member
with a serious health condition, or to allow the employee
to recover from his or her own serious health condition.
6.As of July 1, 2004, California workers covered by State
Disability Insurance who need to take time off to bond
with a new child or for family care-giving needs are
eligible for the paid family leave program. This program
allows California workers to take up to six weeks of
partial wage replacement family leave.
CONTINUED
SB 549
Page
3
This bill adds the right to take unpaid time off in the
event of the death of certain relatives. Specifically, the
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.
5.Permits the employer to require documentation of the
death.
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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
CONTINUED
SB 549
Page
4
Major Provisions 2007-08 2008-09
2009-10 Fund
Bereavement leave Less than
$150 annually in overtime General/
costs necessary to maintain safety
various
and medical staffing ratios;
Special
potentially major unmet workload
Enforcement Unknown costs
to the Division of General
Labor Standards Enforcement to
respond employee complaints
SUPPORT : (Verified 9/5/07)
California Employment Lawyers Association (source)
American Federation of State, County and Municipal
Employees
American Federation of Television and Radio Artists,
AFL-CIO
Association for Los Angeles Deputy Sheriffs
California Conference Board of the Amalgamated Transit
Union
California Conference of Machinists
California Labor Federation, AFL-CIO
California Professional Firefighters
California School Employees Association, AFL-CIO
California State Council of Laborers
California State Employees Association
California Teamsters Public Affairs Council
Consumer Attorneys of California
Engineers and Scientists of California, IFPTE Local 20
International Longshore and Warehouse Union
People for the American Way
Professional and Technical Engineers, IFPTE Local 21
State Building and Construction Trades Council, AFL-CIO
UNITE HERE!
United Food and Commercial Workers Western States Council
OPPOSITION : (Verified 9/5/07)
CONTINUED
SB 549
Page
5
California Chamber of Commerce
California Manufacturers and Technology Association
Department of Finance
National Federation of Independent Business
ARGUMENTS IN SUPPORT : 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, a legitimate, humane, and reasonable approach to this
problem. The sponsor 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, the bill includes
protections to ensure that employees do not abuse the
bereavement leave protections.
ARGUMENTS IN OPPOSITION : Opponents argue that the 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.
This causes undue hardships for employers because employee
absences are disruptive and interfere with production,
necessitating reassignment of work and leading to increased
costs. The 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.
ASSEMBY FLOOR:
AYES: Arambula, Bass, Beall, Berg, Brownley, Caballero,
Charles Calderon, Carter, Davis, De La Torre, De Leon,
DeSaulnier, Dymally, Eng, Evans, Feuer, Furentes, Hancock,
Hayashi, Hernandez, Huffman, Jones, Karnette, Krekorian,
Laird, Leno, Levine, Lieber, Lieu, Ma, Mendoza, Mullin,
Nava, Portantino, Price, Ruskin, Salas, Saldana, Solorio,
Soto, Swanson, Torrico, Wolk, Nunez
NOES: Adams, Aghazarian Anderson, Benoit, Berryhill,
CONTINUED
SB 549
Page
6
Blakeslee, Cook, Coto, DeVore, Duvall, Emmerson, Fuller,
Gaines, Garcia, Garrick, Horton, Houston, Huff, Jeffries,
Keene, LaMalfa, Maze, Nakanishi, Niello, Plescia, Sharon
Runner, Silva, Spitzer, Tran, Villines, Walters
NO VOTE RECORDED: Galgiani, Parra, Richardson, Smyth,
Strickland
NC:nl 9/5/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED