BILL ANALYSIS
SB 1149
Page 1
SENATE THIRD READING
SB 1149 (Hayden)
As Amended August 29, 2000
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 : Allows leave under the California Family Rights Act
(CFRA) for the care of an any adult child, parent, grandparent,
sibling or domestic partner, as defined. Specifically, this
bill :
1)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.
2)Expands the definition of "family care and medical leave" to
include leave to care for a grandparent, sibling or domestic
partner who has a serious health condition.
3)Defines "domestic partners" to mean two adult persons in a
committed relationship of mutual caring where all of the
following conditions are met:
a) Both persons share a common residence;
b) Both persons agree to be responsible for each other's
basic living expenses during the domestic partnership;
c) Neither person is married or a member of another
domestic partnership;
d) Both persons are at least 18 years of age; and,
e) Both persons file a Declaration of Domestic Partnership
SB 1149
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with the employer or a municipal or state domestic
partnership registry.
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.
FISCAL EFFECT : Unkown
COMMENTS :
1)Earlier this year a similar bill, SB 118 (Hayden), passed out
of both houses, but was vetoed by the Governor. This bill
differs from SB 118 (Hayden) in significant ways, mitigating
the concerns expressed in the Governor's veto message.
Like this bill, SB 118 (Hayden), amended CFRA to cover leave to
care for domestic partners, grandparents, siblings, and adult
children. However, SB 118 (Hayden) went further. It allowed
for "leave to care for an individual who depends on the
employee for immediate care and support, who shares a common
residence with the employee, and who has a serious health
condition." In his veto message, Governor Gray Davis stated
that there were portions of SB 118 that he would sign into
law, but stated that he was not signing SB 118 because it
extended coverage under CFRA to "individuals who live together
to share expenses if none of those individuals subsequently
becomes seriously ill."
In this bill, the provision allowing coverage for those sharing
a residence and dependent for support was deleted, thus
mitigating the concern expressed in the Governor's veto
message. In addition, this bill also clarifies the definition
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of "domestic partners" requiring that both persons file a
Declaration of Domestic Partnership with the employer or a
municipal or state domestic partnership registry.
2)Proponents 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. This bill make the law more balanced in this regard.
3)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.
4)Recent amendments to the bill should eliminate opponent's
concern regarding expanded recordkeeping and paperwork burdens
on employers.
Analysis Prepared by : Frances Fort / L. & E. / (916) 319-2091
FN: 0006643