Senate BillNo. 1166


Introduced by Senator Jackson

February 18, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

SB 1166, as introduced, 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 from refusing, as specified, to allow an employee to take up to 12 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.

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

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

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SECTION 1.  

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

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SEC. 2.  

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

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12945.6.  

(a) It shall be an unlawful employment practice for
2an employer to do either of the following:

3(1) Refuse to allow an employee, upon request, to take up to 12
4weeks of parental leave to bond with a new child within one year
5of the child’s birth, adoption, or foster care placement. If, on or
6before the commencement of this parental leave, the employer
7does not provide a guarantee of employment in the same or a
8comparable position upon the termination of the leave, the
9employer shall be deemed to have refused to allow the leave. The
10employee shall be entitled to utilize accrued vacation pay, paid
11sick time, other accrued paid time off, or other paid or unpaid time
12off negotiated with the employer, during the period of parental
13leave.

14(2) Refuse to maintain and pay for coverage for an eligible
15employee who takes parental leave pursuant to this section under
16a group health plan, as defined in Section 5000(b)(1) of the Internal
17Revenue Code of 1986, for the duration of the leave, not to exceed
1812 weeks over the course of a 12-month period, commencing on
19the date that the parental leave commences, at the level and under
20the conditions that coverage would have been provided if the
21employee had continued to work in his or her position for the
22duration of the leave.

23(b) Parental leave pursuant to this section shall run concurrently
24with leave taken pursuant to Section 12945.2 and the federal
25Family and Medical Leave Act of 1993 (P.L. 103-3), except for
26leave taken for a disability on account of pregnancy, childbirth,
27or related medical condition. The aggregate amount of leave taken
28pursuant to this section, Section 12945.2, or the federal Family
29and Medical Leave Act of 1993, or any combination of these laws,
30except for leave taken for a disability on account of pregnancy,
31childbirth, or related medical conditions, shall not exceed 12 work
32weeks in a 12 month period.

33(c) An employee is entitled to take, in addition to the leave
34provided pursuant to this section, Section 12945.2, and the federal
35Family and Medical Leave Act of 1993, leave provided pursuant
36to Section 12945 if the employee is otherwise qualified for that
37leave.



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