BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1149| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 1149 Page 2 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 SB 1149 Page 3 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 SB 1149 Page 4 right to take family and medical leave is lack of information. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 5/21/99) California Labor Federation, AFL-CIO Northern California Coalition for Immigrant Rights ACLU American Civil Liberties Union American Nurses Association Asian & Pacific Islander Wellness Center Breast Cancer Action Breast Cancer Fund California Child Care Resource and Referral Network California Coalition Against Domestic Violence California Congress of Seniors California Correctional Peace Officers Association California Federation of Labor AFL/CIO) California NOW California Nurses Association California Rural Legal Assistance California School Employees Association California State Employees Association California Teamsters Public Affairs Council California Women's Law Center Child Care Law Center Childcare Health Program California Women's Law Center Children NOW Coalition for Civil Rights Coalition for Immigrant Rights Coleman Advocates for Children and Youth Equal Rights Advocates Labor Project for Working Families Legal Aid Society of San Francisco/Employment Law Center Legal Services for Children Los Angeles Breast Cancer Alliance National Center for Youth Law National Partnership for Women & Families Older Women's League (East Bay Chapter) SB 1149 Page 5 Protection & Advocacy Public Advocates San Mateo County Central Labor Council United Food & Commercial Workers Local 1179 (Martinez) Western Law Center for Disability Rights Women's Employment Rights Clinic, Golden Gate University Youth Law Center NC:cm 5/21/99 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****