BILL ANALYSIS �
AB 325
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Date of Hearing: April 13, 2011
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Sandre Swanson, Chair
AB 325 (Lowenthal) - As Amended: April 7, 2011
SUBJECT : Bereavement leave.
SUMMARY : Authorizes the employees to take four days of unpaid
time off in the event of the death of certain 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 three days of bereavement leave need not be
consecutive.
5)Permits the employer to require documentation of the death
within 30 days of the first day of the leave.
6)Provides that the bereavement leave must be completed within
13 months of the date of death of the family member.
7)Grants employees the right to recover actual damages if the
employee is discriminated against for the exercise of rights
pursuant to this section.
8)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.
9)Clarifies that bereavement leave for state employees remains
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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 : Unknown
COMMENTS : This bill is sponsored by the California Employment
Lawyers Association (CELA), who states that everyone suffers the
devastating loss of a relative at some point during their life.
Without legislation providing the right to bereavement leave, an
employer may legally discharge an employee for requesting or
taking any leave of absence to prepare of attend the funeral of
a loved one.
CELA argues that no employee in California should have to choose
between their employment and grieving the loss of a loved one.
Unfortunately, currently no federal or state law provides job
protection for an employee who must take a leave of absence
following the death of a relative.
CELA points out that the federal Family and Medical Leave Act
(FMLA) and the Calfornia Family Rights Act (CFRA) provide
California employees with up to twelve weeks of unpaid
job-protected leave in order to care for an ailing family
member. However, neither law provides job-protected leave
following the death of an employee's relative.
Therefore, CELA contends that in order to protect employees
during this sensitive time of need, this bill ensures up to
three days of unpaid bereavement leave for all employees working
in California. 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.
Opponents argue that by making bereavement leave mandatory in
every situation, this bill removes flexibility employers need to
balance bereavement leave requests with pressing leave requests
by other employees for other reasons, such as to care for a
family member who is in trouble. They contend that coordinating
overlapping leave requests can be especially challenging for
small businesses with limited staff. For example, a small
business that can only accommodate two days of bereavement
leave, without being unfair to other employees or bringing
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operations to a complete halt, should not have to face a
lawsuit.
Opponents state that bereavement leave should be left to
employers to provide on a voluntary basis. Today, many
employers voluntarily provide bereavement leave to their
employees along with other types of leaves and will make every
effort to accommodate time off for the loss of a loved one.
Employers that do not are often those with workplace cultures
and philosophies that are undesirable on multiple levels and
drive good employees away and deservedly so.
In addition, several local public employers oppose this bill
unless it is amended to exclude them. They contend that the
majority of local public sector employers are covered by
collective bargaining agreements that provide for paid leave
benefits, including bereavement leave, and that this bill
therefore undermines local control and the integrity of the
collective bargaining process. They also argue that the
expansion of leave rights to temporary, part-time and seasonal
employees who are not eligible for many of the leave accruals
and benefits offered to full-time employees is not appropriate.
They conclude by arguing that, considering the already generous
leave and benefit policies enjoyed by public sector employees,
they strongly believe that this bill should not apply to public
sector employees.
PRIOR LEGISLATION :
This bill is similar to AB 2340 (Monning) from 2010. However,
AB 2340 provided for up to three days of unpaid bereavement
leave. AB 2340 was vetoed by Governor Schwarzenegger.
This bill is identical to SB 549 (Corbett) from 2007. SB 549
was also vetoed by Governor Schwarzenegger.
REGISTERED SUPPORT / OPPOSITION :
Support
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Employment Lawyers Association (sponsor)
California Labor Federation, AFL-CIO
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California Official Court Reporters Association
California Teamsters Public Affairs Council
Consumer Attorneys of California
Equal Rights Advocates
International Longshore & Warehouse Union
Labor Project for Working Families
Legal Aid Society - Employment Law Center (San Francisco)
Professional & Technical Engineers, Local 21
UNITE HERE!
United Food and Commercial Workers Union, Western States Council
Utility Workers Union of America, Local 132
Women's Employment Rights Clinic - Golden Gate University School
of Law
Opposition
Association of California Healthcare Districts
Association of California Water Agencies
California Association of Bed and Breakfast Inns
California Association of Joint Powers Authorities
California Chamber of Commerce
California Farm Bureau Federation
California Grocers Association
California Hotel & Lodging Association
California Manufacturers & Technology Association
California Special Districts Association
California State Association of Counties
League of California Cities
National Federation of Independent Business
Regional Council of Rural Counties
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091