BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                  SB 1149|
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                              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  
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          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









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           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

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