BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 579


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          SENATE THIRD READING


          SB  
          579 (Jackson)


          As Amended  July 16, 2015


          Majority vote


          SENATE VOTE:  38-1


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Labor           |6-1  |Roger Hernández, Chu, |Harper              |
          |                |     |Low, McCarty,         |                    |
          |                |     |Patterson, Thurmond   |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |17-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Daly, Eggman,         |                    |
          |                |     |Gallagher,            |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Holden, Jones, Quirk, |                    |
          |                |     |Rendon, Wagner,       |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |








                                                                     SB 579


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          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:


             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,  








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               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.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, the Department of Industrial Relations indicates  
          minor/absorbable costs related to implementation and enforcement  
          of this bill. 


          COMMENTS:  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.












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          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  
          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.  


          There is no opposition on file.


          Analysis Prepared by:                                             
                          Ben Ebbink / L. & E. / (916) 319-2091  FN:  
          0001368









                                                                     SB 579


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