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