BILL NUMBER: SB 1166	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2016

INTRODUCED BY   Senator Jackson
    (   Coauthors:   Assembly Members 
 Bonilla,   Campos,   Cristina Garcia, 
 Gonzalez,   and Lopez   ) 

                        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 an  employer  
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
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:

  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,   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 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
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) 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.

   (d) For purposes of this section, employer means either of the
following:  
   (1) A person who directly employs 10 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.