BILL NUMBER: SB 654	AMENDED
	BILL TEXT

	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

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 to  12   6  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. 
   The provisions of the bill would become operative on January 1,
2018. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be referred to, as the
New Parent Leave Act.
  SEC. 2.  Section 12945.6 is added to the Government Code, to read:
   12945.6.  (a) It shall be an unlawful employment practice for an
employer to do either of the following:
   (1) Refuse 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, upon
request, to take up to  12   six  weeks of
parental leave to bond with a new child within one year of the child'
s birth, adoption, or foster care placement. If, on or before the
commencement of this parental leave, the employer does not provide a
guarantee of employment in the same or a comparable position upon the
termination of the leave, the employer shall be deemed to have
refused to allow the leave. The employee shall be entitled to utilize
accrued vacation pay, paid sick time, other accrued paid time off,
or other paid or unpaid time off negotiated with the employer, during
the period of parental leave.
   (2) Refuse to maintain and pay for coverage for an eligible
employee who takes parental leave pursuant to this section under a
group health plan, as defined in Section 5000(b)(1) of the Internal
Revenue Code of 1986, for the duration of the leave, not to exceed
 12  six  weeks over the course of a
12-month period, commencing on the date that the parental leave
commences, at the level and under the conditions that coverage would
have been provided if the employee had continued to work in his or
her position for the duration of the leave. 
   (b) Parental leave pursuant to this section shall run concurrently
with leave taken pursuant to Section 12945.2 and the federal Family
and Medical Leave Act of 1993 (Public Law 103-3), except for leave
taken for a disability on account of pregnancy, childbirth, or
related medical condition. The aggregate amount of leave taken
pursuant to this section, Section 12945.2, or the federal Family and
Medical Leave Act of 1993, or any combination of these laws, except
for leave taken for a disability on account of pregnancy, childbirth,
or related medical conditions, shall not exceed 12 workweeks in a
12-month period.  
   (c) 
    (b)  An employee is entitled to take, in addition to the
leave provided pursuant to this section,  Section 12945.2,
and the federal Family and Medical Leave Act of 1993, leave
provided pursuant to Section 12945 if the employee is otherwise
qualified for that leave. 
   (c) This section does not apply to an employee subject to both
Section 12945.2 and the federal Family and Medical Leave Act of 1993.
 
   (d) In any case in which two employees who are entitled to leave
under this section for the same birth, adoption, or foster care
placement are employed by the same employer, the employer is not
required, but may elect, to grant simultaneous leave to both
employees.  
   (e) The basic minimum duration of the leave shall be two weeks.
However, an employer may grant requests for additional occasions of
leave lasting less than two weeks.  
   (f) Parental leave taken pursuant to this section shall run
concurrently to parental leave taken as described in Section 44977.5
of the Education Code. 
   (d) 
    (g)  For purposes of this section, "employer" means
either of the following:
   (1) A person who directly  employs 10  
employs, within 75 miles of the worksite where an employee is
employed,   20  or more persons to perform services for
a wage or salary.
   (2) The state, and any political or civil subdivision of the
state, and cities, except for a school district, county office of
education, or a community college district. 
   (h) This section shall become operative on January 1, 2018.