BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
257 (Pavley)
Hearing Date: 4/27/2009 Amended: As Introduced
As proposed to be amended
Consultant: Bob Franzoia Policy Vote: G O 9-3
_________________________________________________________________
____
BILL SUMMARY: SB 257 would requires all state entities,
including local offices, to notify each female employee nearing
maternity leave, through its usual channels of communication
with state employees, of provisions of law relating to lactation
accommodation and a specified guide or a similar publication.
This bill would provide that referral of the employee to an
Internet Web site where information may be located shall satisfy
the above requirements.
_________________________________________________________________
____
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
State employee notification Minor, likely less than $50
from any General/
requirement single fund
various
Special
_________________________________________________________________
____
STAFF COMMENTS:
As proposed to be amended, the text of the bill would read as
follows:
19994.10 (a) Through its usual channels of communication with
state employees, every state agency and department, including
local offices, when notified by a female employee that she is
nearing maternity leave, shall notify each female employee
nearly maternity leave , in the most cost effective manner,
notify the employee of the following information:
(1) The provisions of Sections 1030 to 1033, inclusive, of
the Labor Code.
(2) The Employees' Guide to Breastfeeding and Working
published in 2008 by the Health Resources and Services
Administration of the United States Department of Health and
Human Services, or a similar comprehensive publication
addressing the issue of employees breast-feeding at work that is
prepared by the federal government, the State Department of
Public Health, or a medical, other health, or breast-feeding
support organization.
(b) Referral of the employee to an Internet Web site where
the information described in subdivision (a) may be located
shall satisfy the requirements of this section.
(1) The Department of Public Health has, and shall make
available, information regarding lactation accommodation on its
Internet Web site. This information shall include a link to the
most recently published version of "The Employee's Guide to
Breastfeeding and Working," as developed by the Health Resources
and Services Administration of the United States Department of
Health and Human Services.
(2) An explanation and comprehensive summary of Labor Code
Sections 1030 to 1033, inclusive.
Page 2
SB 257 (Pavley)
(3) A listing of other comprehensive breast-feeding support
organizations and links to their informational materials.
The above amendments are intended to would reduce the fiscal
impact of the current version of the bill as follows:
(1) State agencies and department would no longer be required to
do either agency or department wide notifications or attempt to
target notifications which may be impractical.
(2) The required notification would occur when a female employee
notifies the agency or department she is nearing maternity
leave.
(3) Require the Department of Public Health to be provide
information regarding lactation accommodation for all state
agencies and departments thus eliminating the need for there
entities to incur the cost to develop their own information.
This will reduce costs and the potential for conflicting
information.
Lactation accommodation, set forth in the Labor Code Sections
referenced above, has been required since January 1, 2002
pursuant to AB 1025 (Frommer) (Chapter 821/2001). To inform
state agencies and departments of this requirement, the
Department of Personnel Administration distributed a memo
(Reference Code 2002-004). This legislation requires employers
to provide a reasonable amount of break time and an appropriate
location to accommodate an employee desiring to express breast
milk for the employee's infant child.