BILL ANALYSIS
SB 1149
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Date of Hearing: August 18, 1999
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Carole Migden, Chairwoman
SB 1149 (Speier) - As Amended: May 18, 1999
Policy Committee: Labor and
Employment Vote: 6-3
Urgency: No State Mandated Local
Program:NoReimbursable:
SUMMARY :
This bill:
1)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 under current law
2)Allows CFRA leave for the care of a non-dependent adult child.
3)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 and the pregnancy disability leave (PDL) provisions
of the Fair Employment and Housing Act.
4)Requires employers to reproduce and distribute the information
sheets, or equivalent information, to their employees.
FISCAL EFFECT :
The DFEH and state agencies would incur minor, absorbable costs
to produce distribute the specified information.
COMMENTS :
1)Background. The California Family Rights Act (CFRA) makes it
unlawful 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
SB 1149
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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 refuse to appoint her, to deny her the
same benefits provided other employees, or to refuse to permit
her to take a leave for a reasonable period of time, not to
exceed four months.
2)Purpose . The intent of the bill is cover more workers under
the CFRA, which presently covers about 5 percent of employers
and 63 percent of employees. This bill 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. Additionally, the bill allows leave to
care for a non-dependent adult child. Proponents argue that
existing law creates the incongruous situation where 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 needed care.
3)Opposition . Opponents state that the CFRA provides an
absolute right to leave and that employers do not have a
business necessity or undue hardship defense, which is why the
CFRA currently is limited to employers of 50 or more persons.
Additionally, this bill contains greatly expanded
recordkeeping and paperwork burdens.
4)Related Legislation . SB 118 (Hayden), also pending before the
Assembly Appropriations Committee, amends the CFRA to cover
domestic partners, grandparents, siblings, and non-dependent
adult children.
SB 1149
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Analysis Prepared by : Stephen Shea / APPR. / (916) 319-2081