BILL ANALYSIS SB 1149 Page 1 SENATE THIRD READING SB 1149 (Speier) As Amended May 18, 1999 Majority vote SENATE VOTE :24-14 LABOR AND EMPLOYMENT 6-3 APPROPRIATIONS 12-6 ----------------------------------------------------------------- |Ayes:|Steinberg, Gallegos, |Ayes:|Migden, Davis, Hertzberg, | | |Knox, Migden, Romero, | |Kuehl, Romero, Shelley, | | |Shelley | |Steinberg, Thomson, | | | | |Wesson, Wiggins, Wright, | | | | |Longville | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Margett, McClintock, |Nays:|Brewer, Ackerman, Battin, | | |Oller | |Maldonado, Runner, Zettel | | | | | | ----------------------------------------------------------------- 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, CFRA, and Pregnancy Disability Leave (PDL). Specifically, this bill : 1)Lowers the threshold of coverage for employers under 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 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 CFRA. Employers are required to reproduce and distribute the information sheets, or equivalent information, to employees. SB 1149 Page 2 4)Requires employers to provide reasonable advance notice about the employer's requirements pertaining to leave under 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. EXISTING LAW : 1)Provides, under CFRA, the right of an eligible employee to take up to 12 weeks of family care and medical leave: a) in connection with the birth or adoption or serious health condition of the employee's child; b) to care for a parent or spouse who has a serious health condition; or, c) because of the employee's own serious health condition. To qualify under 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 CFRA, that a "child" of the employee must be a minor under 18 years of age or an adult dependent. 3)Provides under PDL provision of the Fair Employment and Housing Act up to four months of pregnancy disability leave. FISCAL EFFECT : According to the Assembly Appropriations Committee analysis, the Department of Fair Employment and Housing and state agencies would incur minor, absorbable costs to produce and distribute the specified information. COMMENTS : 1)Proponents state that this bill will cover more workers. Under existing law, about 5% of the employers and 63% of the employees are covered by CFRA. This measure would expand coverage to about 72% of the employees. Many low income women who work for small or mid-sized businesses who need leave the most are not now covered. SB 1149 Page 3 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 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 meet each of the 16 new compliance directives within this bill they lose all ability to challenge any inappropriate use of the leave. 3)SB 118 (Hayden), pending in the Assembly, amends CFRA to cover domestic partners, as defined, grandparents and siblings, as well as adult children. Analysis Prepared by : Ralph Lightstone / L. & E. / (916) 319-2091 FN: 0002369