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
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|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 |
| | | | |
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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
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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.
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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