BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 579


                                                                    Page  1





          Date of Hearing:   June 24, 2015


                     ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT


                               Roger Hernández, Chair


          SB  
          579 (Jackson) - As Amended June 2, 2015


          SENATE VOTE:  38-1


          SUBJECT:  Employees: time off.


          SUMMARY:  Expands 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.  Specifically, this bill:


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


          2)Defines "child care provider or school emergency" to mean that  
            an employee's child cannot remain in school or with a child  
            care provider due to one of the following:










                                                                     SB 579


                                                                    Page  2





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


             d)   A natural disaster, including, but not limited to, fire,  
               earthquake or flood.


          3)Revises provisions of existing "kin care" law to be consistent  
            with the provisions under recent paid sick days legislation to  
            clarify that "family member" includes the individuals already  
            covered in existing law and that the worker can take sick  
            leave for the reasons currently specified in law.


          4)Prohibits an employer from denying sick leave or  
            discriminating against an employee for attending to an illness  
            or the preventive care of a family member.


          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, 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  








                                                                     SB 579


                                                                    Page  3





             (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  
             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.


           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,  








                                                                     SB 579


                                                                    Page  4





             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  
             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 the law,  
             cooperating in an investigation or prosecution of an alleged  
             violation of the law, or opposing any policy or practice or  
             act that is prohibited by the law.

           11)Requires an employer to permit an employee to use half of  
             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.  
          
          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.





          COMMENTS:  According to the Institute for Women's Policy  








                                                                     SB 579


                                                                    Page  5





          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.




          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 existing law does not provide sufficient protections  








                                                                     SB 579


                                                                    Page  6





          leading to parents being forced to choose between their job and  
          whether to enroll/provide for the welfare and education of their  
          child.  This bill allows parents to use leave 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.


          Supporters 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. Supporters argue that this bill also benefits  
          employers by strengthening employee morale and job retention for  
          working parents.  



          REGISTERED SUPPORT / OPPOSITION:




          Support


          American Federation of State, County and Municipal Employees


          California Applicants' Attorneys Association








                                                                     SB 579


                                                                    Page  7







          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








                                                                     SB 579


                                                                    Page  8







          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








                                                                     SB 579


                                                                    Page  9







          San Luis Obispo County Employees Association


          UNITE HERE, AFL-CIO


          Utility Workers Union of America




          Opposition


          None on file.




          Analysis Prepared by:Ben Ebbink / L. & E. / (916)  
          319-2091