Amended in Assembly August 18, 2016

Amended in Assembly August 11, 2016

Amended in Assembly September 2, 2015

Amended in Senate June 2, 2015

Amended in Senate April 21, 2015

Senate BillNo. 654


Introduced by Senator Jackson

(Coauthors: Senators Hancock, Leyva, and Wolk)

(Coauthors: Assembly Members Atkins, Bonilla, Burke, Campos, Cristina Garcia, Gonzalez, and Lopez)

February 27, 2015


An act to add Section 12945.6 to the Government Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

SB 654, as amended, Jackson. Unlawful employment practice: parental leave.

Existing law prohibits an employer from refusing to allow a female employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable time of up to 4 months before returning to work. Existing law also prohibits an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes that leave, as specified.

This bill would prohibit an employer, as defined, from refusing, as specified, to allow an employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, to take up tobegin delete 12end deletebegin insert 6end insert weeks of parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. The bill would also prohibit an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes this leave.

begin insert

The provisions of the bill would become operative on January 1, 2018.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

This act shall be known, and may be referred to,
2as the New Parent Leave Act.

3

SEC. 2.  

Section 12945.6 is added to the Government Code, to
4read:

5

12945.6.  

(a) It shall be an unlawful employment practice for
6an employer to do either of the following:

7(1) Refuse to allow an employee with more than 12 months of
8service with the employer, and who has at least 1,250 hours of
9service with the employer during the previous 12-month period,
10upon request, to take up tobegin delete 12end deletebegin insert sixend insert weeks of parental leave to bond
11with a new child within one year of the child’s birth, adoption, or
12foster care placement. If, on or before the commencement of this
13parental leave, the employer does not provide a guarantee of
14employment in the same or a comparable position upon the
15termination of the leave, the employer shall be deemed to have
16refused to allow the leave. The employee shall be entitled to utilize
17accrued vacation pay, paid sick time, other accrued paid time off,
18or other paid or unpaid time off negotiated with the employer,
19during the period of parental leave.

20(2) Refuse to maintain and pay for coverage for an eligible
21employee who takes parental leave pursuant to this section under
22a group health plan, as defined in Section 5000(b)(1) of the Internal
23Revenue Code of 1986, for the duration of the leave, not to exceed
24begin delete 12end deletebegin insert sixend insert weeks over the course of a 12-month period, commencing
25on the date that the parental leave commences, at the level and
26under the conditions that coverage would have been provided if
27the employee had continued to work in his or her position for the
28duration of the leave.

begin delete

P3    1(b) Parental leave pursuant to this section shall run concurrently
2with leave taken pursuant to Section 12945.2 and the federal
3Family and Medical Leave Act of 1993 (Public Law 103-3), except
4for leave taken for a disability on account of pregnancy, childbirth,
5or related medical condition. The aggregate amount of leave taken
6pursuant to this section, Section 12945.2, or the federal Family
7and Medical Leave Act of 1993, or any combination of these laws,
8except for leave taken for a disability on account of pregnancy,
9childbirth, or related medical conditions, shall not exceed 12
10workweeks in a 12-month period.

end delete
begin delete

33 11(c)

end delete

12begin insert(b)end insert An employee is entitled to take, in addition to the leave
13provided pursuant to this section,begin delete Section 12945.2, and the federal
14Family and Medical Leave Act of 1993,end delete
leave provided pursuant
15to Section 12945 if the employee is otherwise qualified for that
16leave.

begin insert

17
(c) This section does not apply to an employee subject to both
18Section 12945.2 and the federal Family and Medical Leave Act of
191993.

end insert
begin insert

20
(d) In any case in which two employees who are entitled to leave
21under this section for the same birth, adoption, or foster care
22placement are employed by the same employer, the employer is
23not required, but may elect, to grant simultaneous leave to both
24employees.

end insert
begin insert

25
(e) The basic minimum duration of the leave shall be two weeks.
26However, an employer may grant requests for additional occasions
27of leave lasting less than two weeks.

end insert
begin insert

28
(f) Parental leave taken pursuant to this section shall run
29concurrently to parental leave taken as described in Section
3044977.5 of the Education Code.

end insert
begin delete

38 31(d)

end delete

32begin insert(g)end insert For purposes of this section, “employer” means either of the
33following:

34(1) A person who directlybegin delete employs 10end deletebegin insert employs, within 75 miles
35of the worksite where an employee is employed,end insert
begin insert 20end insert or more persons
36to perform services for a wage or salary.

37(2) The state, and any political or civil subdivision of the state,
38and cities, except for a school district, county office of education,
39or a community college district.

begin insert

P4    1
(h) This section shall become operative on January 1, 2018.

end insert


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