BILL ANALYSIS
Senate Committee on Industrial Relations 1999-2000
Regular Session Hilda L. Solis, Chair
Fiscal: Yes
Urgency: No
Bill No: SB 1149
Author: Speier
Version: As Amended : April 5, 1999
Subject:
California Family Rights Act and Pregnancy Disability Leave
Support:
California Labor Federation, AFL-CIO
Northern California Coalition for Immigrant Rights
ACLU
Opposition:
None received
Purpose:
To increase the number of employees subject to the
California Family Rights Act, allow leave to care for an
adult child and require employers to engage in specified
training and informational activities
Analysis:
The California Family Rights Act (CFRA) makes it an
unlawful employment practice for any employer to refuse to
grant a request by any employee with more than one year of
service with the employer and who has worked at least 1,250
hours during the previous 12-month period, to take family
care and medical leave: 1) in connection with the birth or
adoption or serious health condition of the employee's
child; 2) to care for a parent or spouse who has a serious
health condition, or; 3) because of the employee's own
serious health condition. The employer may refuse family
care and medical leave if the employer employs fewer than
50 employees within 75 miles of the employee's worksite.
The CFRA defines ''child'' as a biological, adopted, or
foster child, a stepchild, a legal ward, or a child of a
person standing in loco parentis who is either under 18
years of age or an adult dependent child.
The Fair Employment and Housing Act's pregnancy disability
leave (PDL) provision prohibits any employer, because of
the pregnancy, childbirth, or related medical condition of
any female employee, to, among other things, refuse to
appoint
her, to refuse to permit her to receive the same benefits
or privileges of employment granted by that employer to
other persons not so affected who are similar in their
ability or inability to work, as specified, or to refuse to
permit her to take a leave on account of pregnancy for a
reasonable period of time not to exceed 4 months, as
specified.
This Bill
1) With respect to the CFRA: a) Lowers the threshold of
applicability to any person who
employs 20 or more persons, and b) Deletes the
requirement that a ''child'' be either
18 years of age or an adult dependent child.
2) Requires the Department of Fair Employment and Housing
(department) to make
information sheets regarding responsibilities imposed
on employers with respect to
the CFRA and PDL available to employers upon the
request of an employer.
3) Requires each employer to distribute the information
sheets provided by the
department to its employees, unless the employer
provides information to its
employees relating to family care and medical leave
and pregnancy disability leave.
Hearing Date: April 14, 1999 SB
1149
Consultant: Stephen Holloway Page
2
Senate Committee on Industrial Relations
The information must contain, inter alia, the
definition of family care and medical
leave and pregnancy and disability leave
entitlements, and information about the right
to take leave to care for the serious health
condition of a child, spouse, or parent, or to
bond with a newborn, adopted, or foster child.
4) Requires each employer to give its employees
reasonable advance notice of any
requirements it adopts pertaining to family care and
medical leave and pregnancy
disability leave, including an employee's rights,
duties, and obligations when taking a
leave, and an explanation of any employer attendance
or leave policies and how those
requirements comply with the family care and medical
leave and pregnancy disability
leave requirements. If an employer fails to provide
that information, the employer
may not take adverse action against the employee for
failing to provide advance
notice of the need to take leave.
5) Requires every employer to establish, implement, and
maintain an effective training
program to ensure compliance with the family care and
medical leave provisions, and
would require the training program to, among other
things, be provided to all
managers, supervisors, human resource directors,
health benefit administrators, or
other personnel with responsibility for any aspect of
the family care and medical
leave or pregnancy disability leave entitlements of
employees.
Comments:
1. Proponents :
Hearing Date: April 14, 1999 SB
1149
Consultant: Stephen Holloway Page
3
Senate Committee on Industrial Relations
Proponents state that the purpose of this bill is
threefold. First, the bill covers more
workers. Under existing law, about 5 percent of the
employers and 63 percent of the
employees are covered by the CFRA. This measure
would expand coverage to about
72 percent of employees. Many low income women who
work for small or mid-sized
businesses who need leave the most are not now
covered.
Second, the bill allows leave to care for an ill
adult child. Proponents argue that
existing law creates the incongruous result that a
parent could risk losing his or her job to care for an
adult child, whereas the child is entitled to
job-protected leave if the parent were ill.
Third, the bill improves implementation of the CFRA by
requiring employers to train
supervisors and human resources employees regarding
their responsibilities under the
CFRA. Proponents argue that workers' advocates
repeatedly find that the greatest
barrier to exercising the right to take family and
medical leave is lack of information.
2. Opponents :
No formal opposition had been received at the time of
this writing
Hearing Date: April 14, 1999 SB
1149
Consultant: Stephen Holloway Page
4
Senate Committee on Industrial Relations