BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1149
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          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  








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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  








                                                                  SB 1149
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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  


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