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 ----------------------------------------------------------------- |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 : 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 Page 2 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 SB 1149 Page 3 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