BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 579|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 579
          Author:   Jackson (D)
          Amended:  6/2/15  
          Vote:     21  

           SENATE LABOR & IND. REL. COMMITTEE:  4-1, 4/22/15
           AYES:  Mendoza, Jackson, Leno, Mitchell
           NOES:  Stone

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8 

           SUBJECT:   Employees: time off


          SOURCE:    Author


          DIGEST:  This bill expands on the currently authorized reasons  
          for which an employee can take job-protected time off of work  
          without the fear of discrimination or discharge under the Family  
          School Partnership Act by allowing workers to take time off work  
          to 1) find, enroll, or reenroll his or her child in a school or  
          with a licensed child care provider, and 2) to address a child  
          care provider or school emergency, as defined. 




          Senate Floor Amendments of 6/2/15 revise the approach of this  
          bill in reaching the same outcome. Instead of making changes to  
          four different sections of the Labor Code, the amendments expand  
          on the provisions of the Family School Partnership Act (existing  
          law) to make it consistent with the provisions found in the  








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          Healthy Workplaces, Healthy Families Act of 2014 (existing law  
          which provides for paid sick days) and to additionally allow a  
          family member to take time off of work to 1) enroll, or reenroll  
          his or her child in a school with a licensed child care  
          provider, and 2) to address a child care provider or school  
          emergency, if the employee gives notice to the employer.  The  
          amendments further clarify what activities are acceptable for  
          taking the time off by defining what "child care provider or  
          school emergency" means. The amendments also specify that  
          "family member" includes the individuals already covered in  
          existing law to be consistent with the Healthy Workplaces,  
          Healthy Families Act of 2014 (paid sick days). The amendments  
          also delete all changes previously being made to the Healthy  
          Workplaces, Healthy Families Act of 2014 (Labor Code §245.5 and  
          246.5) that were no longer necessary with these amendments and  
          remove a provision which would have allowed for the use of paid  
          sick leave for these purposes. 
          
          ANALYSIS:   

          Existing law:


          Family School Partnership Act


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


           2) Requires the employee, prior to taking the time off, to give  
             reasonable notice to the employer of the planned absence of  
             the employee. 


           3) Requires an employee to provide documentation regarding  







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             these activities upon request by an employer.


           4) Requires the employee to utilize existing vacation, personal  
             leave, or compensatory time off for purposes of the planned  
             absence.


           5) Authorizes the employee to utilize time off without pay for  
             this purpose, to the extent available by his/her employer. 


           6) Provides remedies to employees discharged, demoted, or in  
             any other manner discriminated against as a result of his/her  
             exercise of this right.


          Healthy Workplaces, Healthy Families Act of 2014

           7) Provides that 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 (to be taken after the 90th day of employment). 

           8) Allows employers to limit the use of paid sick days to 24  
             hours or three days per year. 

           9) Requires, upon the oral or written request of an employee,  
             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. 

           10)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  







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             employee for using accrued sick days, attempting to exercise  
             the right to use accrued sick days, filing a 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.
           
           Kin Care law

           11)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.  

          This bill:

           1) Expands on the currently authorized reasons for which an  
             employee can take job-protected time off of work without the  
             fear of discrimination or discharge under the Family School  
             Partnership Act by allowing workers to take time off work to  
             a) find, enroll, or reenroll his or her child in a school or  
             with a licensed child care provider, and b) to address a  
             child care provider or school emergency, as defined.

           2) Specifies that "child care provider or school emergency"  
             means that an employee's child cannot remain in a school or  
             with a child care provider due to one of the following: 
              
              a)    The school or child care provider has requested that  
                the child be picked up, or has an attendance policy,  
                excluding planned holidays, that prohibits the child from  
                attending or requires the child to be picked up from the  
                school or child care provider. 

              b)    Behavioral or discipline problems.

              c)    Closure or unexpected unavailability of the school or  
                child care provider, excluding planned holidays. 

              d)    A natural disaster, including, but not limited to,  







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                fire, earthquake, or flood. 

           3) Revises the Kin Care provisions in existing law to be  
             consistent with the provisions in existing law under the  
             Healthy Workplaces, Healthy Families Act of 2014 (paid sick  
             days). Specifically, to clarify that "family member" includes  
             the individuals already covered in existing law and that the  
             worker can take paid sick days for the reasons currently  
             specified in law. 
          
          Background

          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. 

          Existing 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.  Existing 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 bill 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.  
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No







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          SUPPORT:   (Verified6/3/15)


          California Applicants' Attorneys Association
          California Conference Board of the Amalgamated Transit Union
          California Conference of Machinists
          California Employment Lawyers Association
          California Federation of Teachers, AFL-CIO
          California Labor Federation, AFL-CIO
          California Partnership to End Domestic Violence
          California Rural Legal Assistance Foundation
          California School Employees Association
          California Teamsters Public Affairs Council
          California Women's Law Center
          Child Care 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
          Legal Aid Society-Employment Law Center 
          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:   (Verified6/3/15)


          None received


          ARGUMENTS IN SUPPORT:      According to the author, most  







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          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 existing  
          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.  This 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 this 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 this bill also benefits  
          employers by strengthening employee morale and job retention for  
          working parents.  


           


          Prepared by:Alma Perez / L. & I.R. / (916) 651-1556
          6/3/15 17:11:37


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