BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1149|
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THIRD READING
Bill No: SB 1149
Author: Speier (D), et al
Amended: 5/18/99
Vote: 21
SENATE INDUSTRIAL RELATIONS COMMITTEE : 4-2, 4/14/99
AYES: Alarcon, Figueroa, Karnette, Solis
NOES: Haynes, Mountjoy
NOT VOTING: Morrow
SENATE APPROPRIATIONS COMMITTEE : 8-4, 5/10/99
AYES: Johnston, Alpert, Bowen, Burton, Escutia, Karnette,
Perata, Vasconcellos
NOES: Johnson, Kelley, Leslie, Mountjoy
NOT VOTING: McPherson
SUBJECT : Family care and medical leave: employers
SOURCE : Author
DIGEST : This bill requires employers to take steps to
inform employees of their rights to family and medical
leave and pregnancy disability leave; increases the number
of employees subject to the California Family Rights Act;
and allows leave to care for an adult child.
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
CONTINUED
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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
four 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.
B. Deletes the requirement that a ''child'' be either
18 years of age or an adult dependent child.
2.Requires the State Department of Fair Employment and
Housing (DFEH) 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 DFEH to its employees, unless the
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employer provides information to its employees relating
to family care and medical leave and pregnancy disability
leave. 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.
Comments
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
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right to take family and medical leave is lack of
information.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/18/99)
California Labor Federation, AFL-CIO
Northern California Coalition for Immigrant Rights
ACLU
NC:cm 5/18/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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