BILL ANALYSIS Ó
SB 299
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Date of Hearing: June 22, 2011
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Sandre Swanson, Chair
SB 299 (Evans) - As Introduced: February 14, 2011
SENATE VOTE : 27-11
SUBJECT : Employment: pregnancy or childbirth leave.
SUMMARY : This bill requires employers to maintain and pay for
a pregnant employee's medical coverage during pregnancy leave.
Specifically, this bill :
1)Makes it unlawful for an employer to refuse to maintain and
pay for coverage for an eligible female employee who takes
leave under the conditions that coverage would have been
provided if the employee had continued in employment
continuously for the duration of the leave.
2) Allows an employer to recover premium costs from the employee
for maintaining coverage for the employee under the group
health plan if both of the following conditions occur:
a) The employee fails to return from leave after the period
of time to which the employee is entitled.
b) The employee's failure to return from leave is for a
reason other than one of the following:
i) The employee takes leave under the California 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 pregnancy leave
or other circumstances beyond the employee's control.
EXISTING FEDERAL LAW
1)Establishes the Pregnancy Discrimination Act (PDA), as an
amendment to the Civil Rights Act of 1964, to prohibit sex
discrimination based on pregnancy, childbirth and related
medical conditions.
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2)Establishes the federal Family and Medical Leave Act (FMLA) of
1993 to entitle employees to up to 12 weeks of unpaid leave
for the following:
a) The birth of a child or the placement of a child for
adoption or foster care,
b) In order to care for a seriously ill spouse, child or
parent of the employee
c) The employee has a health condition that prohibits him
or her from performing his or her work functions.
3)Defines FMLA "eligible employees" as those who have worked
with the employer from which leave is being requested for at
least 12 months and provided at least 1250 hours of service
during the 12 months preceding the request.
EXISTING STATE LAW
1)Entitles an employee disabled by pregnancy, childbirth or
related medical conditions to take pregnancy disability leave
(PDL) for a maximum of four months.
2)Prohibits employers with five or more employees from refusing
to allow an employee disabled by pregnancy the right to take
job-protected, unpaid leave.
3)Establishes the California Family Rights Act (CFRA) which
requires employers to grant employees up to 12 weeks of unpaid
protected leave, in any 12 month period, to care for a
seriously ill spouse, child or parent, or for their own
serious medical condition
a) Includes, in the definition of "family care and medical
leave," leave for the reason of the birth of a child of the
employee
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill has minor, absorbable costs.
COMMENTS : According to the author, the lack of maternity
coverage assurance under PDL discourages and prevents women from
taking pregnancy leave despite their health needs and the needs
of their baby. The author states that women who are forced to
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pay out-of-pocket costs for health coverage delay or cut short
their leave despite well-documented benefits to maternal and
child health. In addition, the author notes that approximately
four-fifths of pregnant women report that they were unable to
take leave because they could not afford it. According to the
author, meaningful access to leave - including the maintenance
of health insurance coverage - is essential to the health and
economic security of working women and their families.
PDA requires employers who provide health insurance to cover
expenses for pregnancy-related conditions. In addition, PDA
requires employers who provide benefits to workers on leave to
provide the same benefits for those who are on leave for
pregnancy-related conditions.
A 2008 report on women and health insurance by the American
College of Obstetricians and Gynecologists (ACOG) found that
women who lack health insurance also lack adequate access to
care and have poorer health outcomes than insured women. ACOG
notes that uninsured pregnant women are less likely to seek
prenatal care and are 31 percent more likely than their insured
counterparts to experience adverse health outcomes after giving
birth - including higher rates of infant and maternal mortality.
ARGUMENTS IN SUPPORT :
In a letter expressing co-sponsorship of this bill, the
California Commission on the Status of Women (CCSW) writes that
the current gap in the PDL law puts the health and well-being of
women and their infants at risk. CCSW notes that access to
health care is absolutely crucial for pregnant women and the
lack of protection in the current PDL law discourages and
prevents women from taking pregnancy leave despite their health
needs and the needs of their babies. CCSW states that it is
extremely important for pregnant women and new mothers to have
access to both leave from work and continued health care
coverage. The California Pan-Ethnic Health Network (CPHEN)
writes that this bill will ensure that employer-provided health
care coverage is continued for women on pregnancy leave under
PDL. CPHEN notes that PDL does not require employers to continue
health insurance while on pregnancy leave and federal laws that
do require such coverage exclude over half of the workforce.
According to CPHEN, this current gap in the law puts the health
and wellbeing of women and their infants at risk. The
organization states that women should not have to choose between
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taking medically necessary pregnancy leave and continuing health
care coverage for themselves and their families. In their letter
of support the California Nurses Association (CNA) asserts that
pregnant women have a stronger connection to the workforce than
ever before and health care benefits for women who are pregnant
or have just given birth should not be terminated at a time when
they are needed most.
REGISTERED SUPPORT / OPPOSITION :
Support
9to5 National Association of Working Women
American Association of University Women California
American Civil Liberties Union
California Academy of Family Physicians
California Alliance for Retired Americans
California Child Care Resource and Referral
California Commission on the Status of Women (co-sponsor)
California Employment Lawyers Association
California Family Health Council
California Labor Federation, AFL-CIO
California Medical Association
California National Organization for Women
California Nurse-Midwives Association
California Nurses Association
California Pan-Ethnic Health Network
California Partnership to End Domestic Violence
California Primary Care Association
California State Employees Association
California Women's Law Center
Communication Workers of America, AFL-CIO District 9
Dr. Karen Dalton
Equal Rights Advocates (co-sponsor)
Labor Project for Working Families (co-sponsor)
Los Angeles Alliance for New Economy
Nevada County Citizens for Choice
Restaurant Opportunities Center of Los Angeles
SEIU Local 1000 Women's Committee
St. John's Well Child and Family Center
The Legal Aid Society Employment Law Center
United Food and Commercial Workers Union, Local 5
United Steelworkers Local 675
Warehouse, Processing, and Distribution Workers Union, Local 26
Western Center on Law & Poverty
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Women's Employment Clinic, Golden Gate University School of Law
Neutral
Department of Finance
Opposition
None on file.
Analysis Prepared by : Shannon McKinley / L. & E. / (916)
319-2091