Amended in Senate April 21, 2016

Senate BillNo. 1166


Introduced by Senator Jackson

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

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February 18, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

SB 1166, 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 anbegin delete employerend deletebegin insert employer, as defined,end insert from refusing, as specified, to allow an employeebegin insert 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,end insert 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:

P2    1

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)begin insertend insert It shall be an unlawful employment practice for
6an employer to do either of the following:

7(1) Refuse to allow anbegin delete employee,end deletebegin insert employee with more than 12
8months of service with the employer, and who has at least 1,250
9hours of service with the employer during the previous 12-month
10period,end insert
upon request, to take up to 12 weeks of parental leave to
11bond with a new child within one year of the child’s birth, adoption,
12or foster care placement. If, on or before the commencement of
13this parental 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
2412 weeks over the course of a 12-month period, commencing on
25the date that the parental leave commences, at the level and under
26the conditions that coverage would have been provided if the
27employee had continued to work in his or her position for the
28duration of the leave.

29(b) Parental leave pursuant to this section shall run concurrently
30with leave taken pursuant to Section 12945.2 and the federal
31Family and Medical Leave Act of 1993 (Public Law 103-3), except
32for leave taken for a disability on account of pregnancy, childbirth,
33or related medical condition. The aggregate amount of leave taken
34pursuant to this section, Section 12945.2, or the federal Family
35and Medical Leave Act of 1993, or any combination of these laws,
36except for leave taken for a disability on account of pregnancy,
37childbirth, or related medical conditions, shall not exceed 12
38workweeks in a 12-month period.

P3    1(c) An employee is entitled to take, in addition to the leave
2provided pursuant to this section, Section 12945.2, and the federal
3Family and Medical Leave Act of 1993, leave provided pursuant
4to Section 12945 if the employee is otherwise qualified for that
5leave.

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6
(d) For purposes of this section, employer means either of the
7following:

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(1) A person who directly employs 10 or more persons to
9perform services for a wage or salary.

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10
(2) The state, and any political or civil subdivision of the state
11and cities.

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