BILL ANALYSIS Ó SB 579 Page 1 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 Page 2 | | | | | ------------------------------------------------------------------ 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, SB 579 Page 3 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. SB 579 Page 4 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 Page 5