BILL ANALYSIS Ó
SB 299
Page 1
SENATE THIRD READING
SB 299 (Evans)
As Amended August 31, 2011
Majority vote
SENATE VOTE :27-11
LABOR & EMPLOYMENT 4-2 APPROPRIATIONS 12-5
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|Ayes:|Swanson, Allen, Furutani, |Ayes:|Fuentes, Blumenfield, |
| |Yamada | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Morrell, Beth Gaines |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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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; and,
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); or,
SB 299
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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.
3)Requires the collective bargaining agreements of state
agencies govern maternity coverage specified in this bill.
4)Contains language to avoid a chaptering conflict with AB 592
(Lara).
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will have negligible costs to the
Department of Fair Employment Housing to enforce this measure.
DFEH reports they currently investigate complaints related to
pregnancy disability leave (PDL) and the California Family
Rights Act (CFRA).
COMMENTS : According to the author, the lack of maternity
coverage assurance under current state law 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 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.
The federal Pregnancy Discrimination Act (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
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prenatal care and are 31% more likely than their insured
counterparts to experience adverse health outcomes after giving
birth - including higher rates of infant and maternal mortality.
In a letter expressing co-sponsorship of this bill, the
California Commission on the Status of Women (CCSW) writes that
the current gap in state 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 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.
Writing in support, the California Nurses Association 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.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0002417