BILL ANALYSIS                                                                                                                                                                                                    



                                                             


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|SENATE RULES COMMITTEE            |                  SB 1149|
|Office of Senate Floor Analyses   |                         |
|1020 N Street, Suite 524          |                         |
|(916) 445-6614         Fax: (916) |                         |
|327-4478                          |                         |
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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  
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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  5/21/99)

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)







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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

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