BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1149|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 1149
Author: Hayden (D)
Amended: 8/29/00
Vote: 21
PRIOR SENATE VOTES NOT RELEVANT
ASSEMBLY FLOOR : 42-33, 8/30/00 - See last page for vote
SUBJECT : Family care and medical leave: employers
SOURCE : Author
DIGEST : This bill provides that an employee may take
family care and medical leave to care for a grandparent or
sibling, or domestic partner, as defined, who has a serious
health condition. The bill defines "child" for the bill.
Assembly Amendments delete the prior version. As it left
the Senate, this bill was authored by Senator Speier and
(1) required employers to take steps to inform employees of
their rights to family and medical leave and pregnancy
disability leave, (2) increased the number of employees
subject to the California Family Rights Act, and (3)
allowed leave to care for an adult child.
ANALYSIS : The California Family Rights Act (CFRA) makes
it an unlawful employment practice for any employer to
refuse to grant a request by any employee with more than
one year of service with the employer and who has worked at
least 1,250 hours during the previous 12-month period, to
CONTINUED
SB 1149
Page
2
take family care and medical leave (1) in connection with
the birth or adoption or serious health condition of the
employee's child, (2) to care for a parent or spouse who
has a serious health condition, or (3) because of the
employee's own serious health condition. The employer may
refuse family care and medical leave if the employer
employs fewer than 50 employees within 75 miles of the
employee's worksite.
This bill allows leave under the CFRA for the care of 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.
E. Both persons file a Declaration of Domestic
Partnership with the employer or a municipal or state
domestic partnership registry.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SB 1149
Page
3
ASSEMBLY FLOOR :
AYES: Alquist, Aroner, Bock, Calderon, Cardenas, Cedillo,
Corbett, Correa, Cunneen, Davis, Ducheny, Dutra,
Firebaugh, Floyd, Gallegos, Honda, Jackson, Keeley, Knox,
Kuehl, Lempert, Longville, Lowenthal, Mazzoni, Migden,
Papan, Romero, Scott, Shelley, Steinberg, Strom-Martin,
Thomson, Torlakson, Villaraigosa, Vincent, Washington,
Wayne, Wesson, Wiggins, Wildman, Wright, Hertzberg
NOES: Aanestad, Ackerman, Ashburn, Baldwin, Bates, Battin,
Baugh, Brewer, Briggs, Campbell, Cox, Dickerson, Florez,
Granlund, Havice, House, Kaloogian, Leonard, Machado,
Maddox, Maldonado, Margett, McClintock, Olberg, Oller,
Robert Pacheco, Rod Pacheco, Pescetti, Reyes, Runner,
Strickland, Thompson, Zettel
NC:cm 9/13/00 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****