BILL ANALYSIS Ó
AB 2405
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Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
AB 2405
(Gatto) - As Amended April 13, 2016
SUBJECT: Employment: employees: time off
SUMMARY: Requires an employer to annually provide an employee
at least 24 hours of paid, job-protected, time off for the
purposes of an absence under the Family School Partnership Act
(Act) except as specified. Specifically, this bill:
1)Requires an employer to annually provide an employee at least
24 hours of paid, job-protected, time off for the purposes of
an absence under the Family School Partnership Act (Act)
except as specified.
2)Authorizes an employee to use vacation or paid time off, or
use unpaid time off, if available, when taking time off under
these provisions.
3)Provides a remedy to an employee whose request for time off
under these provisions is denied by the employer.
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4)Requires the Labor Commissioner (LC) to create a poster
listing the protections available to employees and would
require an employer to post it at the workplace, as specified.
EXISTING LAW:
1)Prohibits an employer who employs 25 or more employees working
at the same location from discharging or discriminating
against an employee who is a parent, as defined, having
custody of a child in a licensed child day care facility or in
kindergarten or grades 1 to 12, inclusive, for taking off up
to 40 hours each year to find, enroll, or reenroll their child
in a school, to participate in school activities (time off
shall not exceed eight hours in any calendar month a year), or
address emergency situations at school, subject to specified
conditions.
2)Requires an employee to use vacation or other paid time off
when taking time off under these provisions and authorizes the
use of unpaid time off, to the extent made available by the
employer.
FISCAL EFFECT: Unknown
COMMENTS: According to the author, this legislation seeks to
update the Family School Partnership Act protecting a parent's
right to participate in his or her child's education. Current
law allows parents to take up to 40 hours of unpaid,
job-protected time off for school activities and school related
emergencies. The author hopes to strengthen this right by
requiring 24 hours of those 40 hours to be paid time off for
each calendar year.
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The author argues that there are a large number of parents who
want to be more involved with their children in school, but
can't be involved as a result of parental/financial obligations.
The author states, there is also evidence that parental
involvement is really important in all schools, but particularly
crucial in low-income communities. Like many other types of
leave without pay it is difficult for these parents to use their
time off because of the day to day necessities.
Arguments in Support
Supporters, argue that this bill shows California can lead the
nation when it comes to providing common sense support to
families. Years of research suggests parental involvement leads
to substantial improvements in a child's academic performance.
There is a clear correlation between higher student test scores,
better grades for the school as a whole with parental
engagement. While parental engagement benefits all students, it
is particularly important for English learners and students from
low-income families.
Arguments in Opposition
The California Chamber of Commerce and others, writing in
opposition to this bill, express significant concerns for
employers with regard to the administration of the paid time off
policy such as accrual, carryover, usage of the paid time off,
pay out at the time of termination or separation, documentation
of the paid time off and calculation of the paid time off. They
state that, while mandating an employer to provide 24 hours of
"paid time off" may seem minor in isolation, the cumulative
impact of all the existing protected leaves of absence required
in California that are both paid and unpaid must be taken into
consideration in this analysis.
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Prior Related Legislation
SB 579 (Jackson) Chapter 802, Statutes of 2015 expanded the
authorized reasons for which an employee can take job-protected
time off from work under the Family School Partnership Act and
specified "kin care" sick leave provisions of existing law.
AB 2030 (Campos) of 2014 would have provided that existing leave
provided for school-related activities under the Act be fully
paid by employers, as specified. The bill was subsequently
pulled by the author and not heard by this Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
American Civil Liberties Union
California Employment Lawyers Association
California Labor Federation, AFL-CIO
California Nurses Association
California Work & Family Coalition
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Child Care Law Center
Common Sense Kids Action
Mi Familia Vota Education Fund
Our Family Coalition
Professional Engineers in California
Opposition
Acclamation Insurance Management Services
Allied Managed Care
Associated General Contractors
California Chamber of Commerce
California Chapter American Fence Association
California Farm Bureau Federation
California Fence Contractors Association
California Grocers Association
California Hotel and Lodging Association
California League of Food Processors
California Pool and Spa Association
California Professional Association of Specialty Contractors
California Restaurant Association
California Retailers Association
California State Association of Counties
California Travel Association
California Trucking Association
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Chamber of Commerce Alliance of Ventura and Santa Barbara
Counties
Coalition of Small and Disabled Veteran Businesses
Flasher Barricade Association
Western Growers Association
Analysis Prepared by:Lorie Alvarez / L. & E. / (916) 319-2091