BILL NUMBER: SB 299	CHAPTERED
	BILL TEXT

	CHAPTER  510
	FILED WITH SECRETARY OF STATE  OCTOBER 6, 2011
	APPROVED BY GOVERNOR  OCTOBER 6, 2011
	PASSED THE SENATE  SEPTEMBER 8, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2011
	AMENDED IN ASSEMBLY  AUGUST 31, 2011
	AMENDED IN ASSEMBLY  AUGUST 26, 2011

INTRODUCED BY   Senator Evans
   (Coauthor: Senator Leno)
   (Coauthors: Assembly Members Ammiano, Blumenfield, Brownley,
Huffman, Bonnie Lowenthal, and Skinner)

                        FEBRUARY 14, 2011

   An act to amend Section 12945 of the Government Code, relating to
employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 299, Evans. Employment: pregnancy or childbirth leave.
   Existing law prohibits employment discrimination based on sex or
disability.
   Existing law prohibits an employer from refusing to allow a female
employee disabled by pregnancy, childbirth, or a related medical
condition to take a leave for a reasonable time of up to 4 months
before returning to work.
   This bill would also prohibit an employer from refusing to
maintain and pay for coverage under a group health plan for an
employee who takes that leave, as specified.
   This bill would incorporate additional changes to Section 12945 of
the Government Code proposed by AB 592, to be operative only if AB
592 and this bill are both enacted, both bills become effective on or
before January 1, 2012, and this bill is enacted last.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12945 of the Government Code is amended to
read:
   12945.  In addition to the provisions that govern pregnancy,
childbirth, or a related medical condition in Sections 12926 and
12940, it shall be an unlawful employment practice, unless based upon
a bona fide occupational qualification:
   (a) (1) For an employer to refuse to allow a female employee
disabled by pregnancy, childbirth, or a related medical condition to
take a leave for a reasonable period of time not to exceed four
months and thereafter return to work, as set forth in the commission'
s regulations. The employee shall be entitled to utilize any accrued
vacation leave during this period of time. Reasonable period of time
means that period during which the female employee is disabled on
account of pregnancy, childbirth, or a related medical condition.
   An employer may require an employee who plans to take a leave
pursuant to this subdivision to give the employer reasonable notice
of the date the leave shall commence and the estimated duration of
the leave.
   (2) (A) For an employer to refuse to maintain and pay for coverage
for an eligible female employee who takes leave pursuant to
paragraph (1) under a group health plan, as defined in Section 5000
(b)(1) of the Internal Revenue Code of 1986, for the duration of the
leave, not to exceed four months over the course of a 12-month
period, commencing on the date the leave taken under paragraph (1)
begins, at the level and under the conditions that coverage would
have been provided if the employee had continued in employment
continuously for the duration of the leave. Nothing in this paragraph
shall preclude an employer from maintaining and paying for coverage
under a group health plan beyond four months. An employer may recover
from the employee the premium that the employer paid as required
under this subdivision for maintaining coverage for the employee
under the group health plan if both of the following conditions
occur:
   (i) The employee fails to return from leave after the period of
leave to which the employee is entitled has expired.
   (ii) The employee's failure to return from leave is for a reason
other than one of the following:
   (I) The employee taking leave under the Moore-Brown-Roberti Family
Rights Act (Sections 12945.2 and 19702.3 of the Government Code).
   (II) The continuation, recurrence, or onset of a health condition
that entitles the employee to leave under paragraph (1) or other
circumstance beyond the control of the employee.
   (B) If the employer is a state agency, the collective bargaining
agreement shall govern with respect to the continued receipt by an
eligible female employee of the health care coverage specified in
subparagraph (A).
   (b) (1) For an employer to refuse to provide reasonable
accommodation for an employee for a condition related to pregnancy,
childbirth, or a related medical condition, if she so requests, with
the advice of her health care provider.
   (2) For an employer who has a policy, practice, or collective
bargaining agreement requiring or authorizing the transfer of
temporarily disabled employees to less strenuous or hazardous
positions for the duration of the disability to refuse to transfer a
pregnant female employee who so requests.
   (3) For an employer to refuse to temporarily transfer a pregnant
female employee to a less strenuous or hazardous position for the
duration of her pregnancy if she so requests, with the advice of her
physician, where that transfer can be reasonably accommodated.
However, no employer shall be required by this section to create
additional employment that the employer would not otherwise have
created, nor shall the employer be required to discharge any
employee, transfer any employee with more seniority, or promote any
employee who is not qualified to perform the job.
   (c) This section shall not be construed to affect any other
provision of law relating to sex discrimination or pregnancy, or in
any way to diminish the coverage of pregnancy, childbirth, or a
medical condition related to pregnancy or childbirth under any other
provision of this part, including subdivision (a) of Section 12940.
  SEC. 1.5.  Section 12945 of the Government Code is amended to read:

   12945.  (a) In addition to the provisions that govern pregnancy,
childbirth, or a related medical condition in Sections 12926 and
12940, each of the following shall be an unlawful employment
practice, unless based upon a bona fide occupational qualification:
   (1) For an employer to refuse to allow a female employee disabled
by pregnancy, childbirth, or a related medical condition to take a
leave for a reasonable period of time not to exceed four months and
thereafter return to work, as set forth in the commission's
regulations. The employee shall be entitled to utilize any accrued
vacation leave during this period of time. Reasonable period of time
means that period during which the female employee is disabled on
account of pregnancy, childbirth, or a related medical condition.
   An employer may require an employee who plans to take a leave
pursuant to this subdivision to give the employer reasonable notice
of the date the leave shall commence and the estimated duration of
the leave.
   (2) (A) For an employer to refuse to maintain and pay for coverage
for an eligible female employee who takes leave pursuant to
paragraph (1) under a group health plan, as defined in Section 5000
(b)(1) of the Internal Revenue Code of 1986, for the duration of the
leave, not to exceed four months over the course of a 12-month
period, commencing on the date the leave taken under paragraph (1)
begins, at the level and under the conditions that coverage would
have been provided if the employee had continued in employment
continuously for the duration of the leave. Nothing in this paragraph
shall preclude an employer from maintaining and paying for coverage
under a group health plan beyond four months. An employer may recover
from the employee the premium that the employer paid as required
under this subdivision for maintaining coverage for the employee
under the group health plan if both of the following conditions
occur:
   (i) The employee fails to return from leave after the period of
leave to which the employee is entitled has expired.
   (ii) The employee's failure to return from leave is for a reason
other than one of the following:
   (I) The employee taking leave under the Moore-Brown-Roberti Family
Rights Act (Sections 12945.2 and 19702.3 of the Government Code).
   (II) The continuation, recurrence, or onset of a health condition
that entitles the employee to leave under paragraph (1) or other
circumstance beyond the control of the employee.
   (B) If the employer is a state agency, the collective bargaining
agreement shall govern with respect to the continued receipt by an
eligible female employee of the health care coverage specified in
subparagraph (A).
   (3) (A) For an employer to refuse to provide reasonable
accommodation for an employee for a condition related to pregnancy,
childbirth, or a related medical condition, if she so requests, with
the advice of her health care provider.
   (B) For an employer who has a policy, practice, or collective
bargaining agreement requiring or authorizing the transfer of
temporarily disabled employees to less strenuous or hazardous
positions for the duration of the disability to refuse to transfer a
pregnant female employee who so requests.
   (C) For an employer to refuse to temporarily transfer a pregnant
female employee to a less strenuous or hazardous position for the
duration of her pregnancy if she so requests, with the advice of her
physician, where that transfer can be reasonably accommodated.
However, no employer shall be required by this section to create
additional employment that the employer would not otherwise have
created, nor shall the employer be required to discharge any
employee, transfer any employee with more seniority, or promote any
employee who is not qualified to perform the job.
   (4) For an employer to interfere with, restrain, or deny the
exercise of, or the attempt to exercise, any right provided under
this section.
   (b) This section shall not be construed to affect any other
provision of law relating to sex discrimination or pregnancy, or in
any way to diminish the coverage of pregnancy, childbirth, or a
medical condition related to pregnancy or childbirth under any other
provision of this part, including subdivision (a) of Section 12940.
  SEC. 2.  Section 1.5 of this bill incorporates amendments to
Section 12945 of the Government Code proposed by both this bill and
Assembly Bill 592. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2012, (2)
each bill amends Section 12945 of the Government Code, and (3) this
bill is enacted after Assembly Bill 592, in which case Section 1 of
this bill shall not become operative.