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. 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) 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) 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, 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 ****