BILL ANALYSIS                                                                                                                                                                                                    Ó





          SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
                             Senator Tony Mendoza, Chair
                                2015 - 2016  Regular 

          Bill No:               SB 579       Hearing Date:    April 22,  
          2015
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          |Author:    |Jackson                                              |
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          |Version:   |April 15, 2015                                       |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Alma Perez-Schwab                                    |
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                           Subject:  Employees:  time off


          KEY ISSUES
          
          Should employees be able to take time off of work (whether paid  
          or unpaid) without fear of discrimination or discharge to find,  
          enroll, or reenroll his or her child in a school licensed day  
          care facility? 

          Should employees be able to use their accrued and available paid  
          sick leave to address child care or school emergencies that may  
          include behavioral or discipline problems with the child, or  
          disasters such as a fire or an earthquake? 


          ANALYSIS
          
           Existing law, commonly referred to as the Family School  
          Partnership Act,  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, guardian, or  
          grandparent having custody of a child in a licensed child day  
          care facility or in kindergarten or grades 1 to 12, inclusive,  
          for taking up to 40 hours each year of time off (not exceeding  
          eight hours in any calendar month of the year), to participate  








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          in activities of the school or licensed child day care facility  
          of any of his or her children.  (Labor Code §230.8)

          Among other things, existing law: 
             1)   Requires the employee, prior to taking the time off, to  
               give reasonable notice to the employer of the planned  
               absence of the employee. 
             2)   Requires an employee to provide documentation regarding  
               these activities upon request by an employer.
             3)   Requires the employee to utilize existing vacation,  
               personal leave, or compensatory time off for purposes of  
               the planned absence. 
             4)   Also authorizes the employee to utilize time off without  
               pay for this purpose, to the extent available by his/her  
               employer. 
             5)   Provides remedies to employees discharged, demoted, or  
               in any other manner discriminated against as a result of  
               his/her exercise of this right.

           Under the existing Healthy Workplaces, Healthy Families Act of  
          2014  , starting on July 1, 2015, an employee who works in  
          California for 30 or more days within a year from the  
          commencement of employment is entitled to paid sick days at the  
          rate of not less than one hour per every 30 hours worked.  

          Among other things, the Act (Labor Code §245-249):
             1.   Authorizes the use accrued paid sick days beginning on  
               the 90th day of employment. 
             2.   Allows employers to limit the use of paid sick days to  
               24 hours or three days per year. 
             3.   Upon the oral or written request of an employee,  
               requires an employer to provide paid sick days for:
                  a.        Diagnosis, care, or treatment of an existing  
                    health condition of, or preventive care for, the  
                    employee or the employee's family member (defined as a  
                    child, parent, spouse, registered domestic partner,  
                    grandparent, grandchild and sibling). 
                  b.        For specified purposes, as defined, for an  
                    employee who is a victim of domestic violence, sexual  
                    assault, or stalking. 
             4.   Prohibits an employer from denying an employee the right  
               to use accrued sick days, discharge, threaten to discharge,  
               demote, suspend, or in any manner discriminate against an  
               employee for using accrued sick days, attempting to  
               exercise the right to use accrued sick days, filing a  







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               complaint with the department or alleging a violation of  
               this article, cooperating in an investigation or  
               prosecution of an alleged violation of this article, or  
               opposing any policy or practice or act that is prohibited  
               by this article.
           
          Existing law, commonly referred to as the Kin Care law,  also  
          requires an employer to permit an employee to use the employee's  
          accrued and available sick leave entitlement to attend to the  
          illness of a child, parent, spouse, or domestic partner of the  
          employee and prohibits an employer from denying an employee the  
          right to use sick leave or taking specific discriminatory action  
          against an employee for using, or attempting to exercise the  
          right to use, sick leave to attend to such an illness.  (Labor  
          Code §233) 
           

          This Bill  would expand on the currently authorized reasons for  
          which an employee can take job-protected time off of work  
          without the fear of discrimination or discharge.  

          Specifically, this bill would:

             1)   Authorize employees to take time off [whether unpaid or  
               paid using vacation or other compensated leave] to find,  
               enroll, or reenroll his or her child in a school or a  
               licensed day care facility.

             2)   Authorize employees to use paid sick days to address a  
               child care or school emergency. 

             3)   Define "child care or school emergency" to mean that an  
               employee's child cannot remain in a school or child care  
               facility due to one of the following:

                  o         Illness of, or injury to, the child.
                  o         Behavioral or discipline problems. 
                  o         Closure of the facility. 
                  o         A disaster or extreme weather condition,  
                    including, but not limited to, fire, earthquake, or  
                    flood. 

             1)   Align Kin Care law with the provisions in the new Paid  
               Sick Days law that authorizes the use of sick leave to  
               attend to any preventative care needs of the worker's  







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               child, parent, spouse, or domestic partner. 



          COMMENTS
          
          1.  Need for this bill?

            According to the Institute for Women's Policy Research,  
            parents who used paid sick days were much less likely than  
            other workers to use it for their own health, with more than  
            half taking time to care for their children.  Mothers were  
            particularly likely to use paid sick days to care for their  
            children and particularly unlikely to use it for their own  
            health needs. Additionally, the study found that one in ten  
            parents reported using paid sick days to care for both a child  
            and an older relative. (IWPR, "San Francisco's Paid Sick Leave  
            Ordinance: Outcomes for Employers and Employees," February  
            2011) The Institute for Women's Policy Research concluded that  
            these findings suggest that many employees make trade-offs  
            when using paid sick days and tend to use this time to care  
            for others, perhaps using less time for their own health  
            needs. 

            Current law allows workers the ability to take time off to  
            participate in activities of the school or licensed child day  
            care facility of his/her child; however, this time must be  
            either unpaid or taken using a vacation, personal leave, or  
            compensatory time off.  Current law allows workers to use,  
            beginning in July of this year, paid sick days for the  
            diagnosis, care, or treatment of an existing health condition  
            of, or preventive care for, the employee or the employee's  
            family member (defined as a child, parent, spouse, registered  
            domestic partner, grandparent, grandchild and sibling).   
            However, the author and proponents of this measure believe  
            that more flexibility is needed in the use of both the time  
            off to attend to child care or school activities and the new  
            paid sick day's law.  

            This bill would accomplish this flexibility by 1) allowing  
            workers to use their paid sick days to care for a child during  
            a child care or school emergency [which may include behavioral  
            or discipline problems with a child, closure of the facility,  
            a disaster or extreme weather condition]; and 2) allowing  
            workers to take job-protected time off from work to find child  







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            care or school for their children and to enroll them. 

          2.  Proponent Arguments  :
            
            According to the author, most children live in households  
            where all parents work, and one-third of families with  
            children are headed by single parents. Yet, many parents risk  
            losing their jobs when they face a child care emergency; or,  
            cannot have time off to engage in child care or school  
            selection. The author argues that current law does not provide  
            sufficient protections leading to parents being forced to  
            choose between their job and whether to enroll/provide for the  
            welfare and education of their child.  SB 579 allows parents  
            to use their paid sick days to care for a child during a child  
            care or school emergency, and to take job-protected time off  
            from work to find (and enroll) child care or school for their  
            children.  The bill also amends the Kin Care law to more  
            closely align with the Healthy Workplaces Healthy Families Act  
            by allowing parents to use their sick days to take their  
            family members to a preventative health appointment. The  
            author argues that the bill does not increase the amount of  
            time off parents are entitled to under these laws, but rather  
            expands the permitted use of those laws to cover child care  
            emergencies and enrollment.

            Proponents argue that parents need assurance they will not  
            lose their job when they must leave work to attend to the  
            well-being of their child. They believe that by allowing  
            working parents to take time-off for these important reasons,  
            the Legislature will strengthen its support for working  
            mothers and fathers by helping them keep their jobs while  
            fulfilling their parental obligations. Proponents argue that  
            the bill also benefits employers by strengthening employee  
            morale and job retention for working parents.  

          3.  Opponent Arguments  :

            According to opponents, this bill would expand the paid sick  
            leave law, which has yet to go into effect, to also cover  
            events that have no relation to an employee's illness, or  
            preventative care, or the illness or preventative care of a  
            family member. Specifically, this bill expands the conditions  
            under which an employee can utilize paid sick leave to include  
            "child care or school emergency," defined as discipline or  
            behavioral problems, closure of the facility, a disaster, or  







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            extreme weather conditions. Opponents argue that these listed  
            events are completely unrelated to medical care or an illness  
            of an employee or their family member, and is inconsistent  
            with the intent of the paid sick leave law, which was to  
            provide employees with an opportunity to attend to their  
            health needs and the health needs of their family. 

            Furthermore, opponents argue that utilizing paid sick leave  
            for conditions and events that are completely unrelated to  
            illness or medical care, begins to change the nature of the  
            leave to resemble paid time off or vacation leave, which is a  
            significant concern to the business community. Unused accrued  
            paid time off and vacation as opposed to unused, accrued paid  
            sick leave are considered wages that are due at the time of  
            separation, given the ability for an employee to utilize that  
            leave for events other than limited purposes.  Moreover, they  
            argue, California already provides employees with 40 hours of  
            protected school activities leave, for a parent, guardian, or  
            grandparent of a child, to participate in "school activities."  
            This includes children at licensed child day care facilities,  
            and would likely include several of the events this bill seeks  
            to include under the paid sick leave law.  

          4.  Prior Legislation  :

            AB 1522 (Gonzalez) of 2014:  Chaptered
            AB 1522 enacted the Healthy Workplaces, Healthy Families Act  
            of 2014 (discussed above)  which requires employers to provide  
            paid sick days to employees who work 30 or more days within a  
            year from commencement of employment.  


          SUPPORT
          
          Child Care Law Center (Co-Sponsor) 
          Legal Aid Society-Employment Law Center (Co-Sponsor)
          California Applicants' Attorneys Association
          California Employment Lawyers Association
          California Federation of Teachers, AFL-CIO
          California Conference Board of the Amalgamated Transit Union
          California Conference of Machinists
          California Labor Federation, AFL-CIO
          California Partnership to End Domestic Violence
          California Rural Legal Assistance Foundation
          California School Employees Association







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          California Teamsters Public Affairs Council
          California Women's Law Center
          Consumer Attorneys of California
          County of Santa Cruz Board of Supervisors
          Disability Rights Legal Center 
          Engineers & Scientists of California
          Glendale City Employees Association
          International Longshore & Warehouse Union
          National Association of Social Workers - California Chapter
          National Council of Jewish Women California 
          Organization of SMUD Employees
          Professional & Technical Engineers
          Roots of Change
          San Bernardino Public Employees Association
          San Diego County Court Employees Association
          San Francisco Breastfeeding Promotion Coalition
          San Luis Obispo County Employees Association
          UNITE HERE, AFL-CIO
          Utility Workers Union of America
          

          OPPOSITION
          
          California Chamber of Commerce
          California Association for Health Services at Home
          California League of Food Processors
          California Manufacturers and Technology Association
          California Professional Association of Specialty Contractors
          California Restaurant Association
          California State Association of Counties
          National Federation of Independent Business
          Western Growers Association


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