BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2405


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2405 (Gatto) - As Amended April 13, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill 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), unless otherwise provided in a collective bargaining  








                                                                    AB 2405


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          agreement.  Specifically, this bill:  


          1)Authorizes, but no longer requires, an employee to use  
            vacation or paid time off, or use unpaid time off, if  
            available, when taking time off under these provisions.



          2)Authorizes an employee whose request for time off is denied by  
            the employer to file a complaint and seek remedy from the  
            Division of Labor Standards Enforcement (DLSE).



          3)Requires the Labor Commissioner to create a poster listing the  
            protections available to employees and would require an  
            employer to post it at the workplace, as specified.
          FISCAL EFFECT:


          1)Unknown costs, likely in the millions of dollars annually, to  
            provide three paid days off to employees of skilled nursing  
            facilities. Assuming approximately 73% of workers in skilled  
            nursing homes are eligible for this benefit, the state would  
            incur costs of approximately $49 million (General Fund and  
            Federal Funds) to cover this benefit. Under current law, the  
            Department of Health Care Services is required to increase  
            reimbursement rates to skilled nursing facilities to offset  
            any additional costs mandated by the state or federal  
            government.


          2)Unknown, likely minor costs, for the Department of Industrial  
            Relations (DIR) Division of Labor Standards Enforcement (DLSE)  
            to process claims. DIR notes they receive very few retaliation  
            claims (1 to 3 a year).  It is unclear if changes made by this  
            bill would generate significantly more claims for retaliation  
            and wages. Existing law has anti-retaliation protections for  








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            this activity and this bill does not expand the universe of  
            employees eligible for this benefit.  


          COMMENTS:


          1)Purpose. The California School Partnership Act allows parents,  
            grandparents, and guardians to take up to 40 hours per year to  
            participate in their children's school or child care  
            activities. The law is applicable to employers with 25 or more  
            employees.  Employees can use existing vacation, personal  
            leave, compensatory time off or take unpaid leave for these  
            purposes.



            According to the author, research shows parental involvement  
            leads to substantial improvements in a child's academic  
            performance.  While most parents are aware of the benefits of  
            parent engagement, not all have the ability to take unpaid  
            leave to get involved. The author states this bill will  
            strengthen existing law by requiring employees to be paid for  
            up to 24 hours, of the authorized 40 hours of leave, for each  
            calendar year. 





          2)Opposition. The California Chamber of Commerce is opposed to  
            this bill. 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.











                                                                    AB 2405


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          3)Prior Related Legislation
          


             a)   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.  



             b)   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 never heard in committee.
          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081