BILL ANALYSIS SB 1149 Page 1 Date of Hearing: July 14, 1999 ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT Darrell Steinberg, Chair SB 1149 (Speier) - As Amended: May 18, 1999 SENATE VOTE : 24-14 SUMMARY : Expands coverage of the California Family Rights Act (CFRA) by covering employers who employ 20 or more persons rather than 50 or more persons as provided under current law. Allows CFRA leave for the care of an adult child. Requires employers to provide to employees specified information about their leave policies, the CFRA, and Pregnancy Disability Leave (PDL). Specifically, this bill : 1)Lowers the threshold of coverage for employers under the CFRA from employers who employ 50 or more persons to employers who employ 20 or more persons. 2)Permits an employee to utilize leave under CFRA for care of any adult child, by removing the limitation that an adult child be a dependent. 3)Requires employers to provide their employees with specified information concerning their rights under the CFRA. Requires the Department of Fair Employment and Housing (DFEH) to prepare and distribute to employers information sheets, containing specified information about employee rights under the CFRA. Employers are required to reproduce and distribute the information sheets, or equivalent information, to employees. 4)Requires employers to provide reasonable advance notice about the employer's requirements pertaining to leave under the CFRA and PDL, including requirements relating to employee's rights, duties, and obligations when taking a leave, and other specified information about the employer's attendance or leave policies. Provides that an employer who fails to provide such information may not take any adverse action against the employee or deny the employee leave for failing to provide advance notice of the need to take the leave. SB 1149 Page 2 EXISTING LAW 1)Provides, under the CFRA, the right of an eligible employee to take up to 12 weeks of 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. To qualify under the CFRA, an employee must have more than one year of service with the employer and must have worked at least 1,250 hours during the previous 12-month period. 2)Provides under the CFRA, that a "child" of the employee must be a minor under 18 years of age or an adult dependent. 3)Provides under the PDL provision of the Fair Employment and Housing Act up to four months of pregnancy disability leave. FISCAL EFFECT : The Senate Appropriations Committee estimated that the cost of information sheets for the state's 280,000 employees would exceed $150,000 annually. COMMENTS : 1)Proponents state that the bill will cover more workers. Under existing law, about five 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 the employees. Many low income women who work for small or mid-sized businesses who need leave the most are not now covered. Proponents also state that under existing law 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. 2)Opponents state that the CFRA provides an absolute right to leave and that employers do not have a business necessity or undue hardship defense. Sixty percent of covered employers report increased costs -- primarily due to replacement workers and lost productivity. This bill contains greatly expanded recordkeeping and paperwork burdens. If an employer fails to SB 1149 Page 3 meet each of the 16 new compliance directives within the bill they lose all ability to challenge any inappropriate use of the leave. 3)SB 118 (Hayden) also pending before the Labor and Employment Committee amends the CFRA to cover domestic partners, as defined, grandparents and siblings, as well as adult children. REGISTERED SUPPORT / OPPOSITION : Support American Cancer Society American Civil Liberties Union American Association of University Women American Nurses' Association\California Asian & Pacific Islander Wellness Center Breast Cancer Action California Alliance Against Domestic Violence California Commission on the Status of Women California Conference Board of the Amalgamated Transit Union California Conference of Machinists California Labor Federation, AFL-CIO California School Employees Association California State Employees Association California Teamsters Public Affairs Council California Women's Law Center California's Caregiver Resource Centers Child Care Health Program Child Care Law Center Coalition for Civil Rights Congress of California Seniors Engineers and Scientists of California Equal Rights Advocates Golden Gate University, Women's Employment Rights Clinic Hotel Employees, Restaurant Employees International Union Labor Project for Working Families Legal Aid Society of San Francisco Los Angeles Breast Cancer Alliance Margaret Cruz Latina Breast Cancer Foundation National Partnership for Women & Families Northern California Coalition for Immigrant Rights Planning for Elders in the Central City Public Advocates, Inc. Region 8 States Council of the United Food & Commercial Workers SB 1149 Page 4 San Mateo County Central Labor Council The Breast Cancer Fund United Food and Commercial Workers Union - Local 1179 Western Law Center for Disability Rights Opposition California Chamber of Commerce California Manufacturers Association Analysis Prepared by : Ralph Lightstone / L. & E. / (916)319-2091