BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 59
                                                                  Page  1

          Date of Hearing:   April 13, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                 AB 59 (Swanson) - As Introduced:  December 7, 2011 

          Policy Committee:                              Labor and 
          Employment   Vote:                            5-1

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill amends the California Family Rights Act (CFRA) by 
          expanding permissible family and medical leave to cover care for 
          an independent adult child, sibling, grandparent, grandchild, 
          domestic partner, or parent-in-law with a serious health 
          condition.

           FISCAL EFFECT  

          1)Annual GF costs of $400,000 to the Department of Fair 
            Employment and Housing (DFEH), to investigate an increased 
            number of complaints.

          2)One-time minor, absorbable GF costs to DFEH to distribute 
            revised materials to employers regarding expanded leave 
            rights.

          3)Unknown but potentially significant GF costs to the state, as 
            the employer of approximately 200,000 individuals who would 
            receive expanded leave rights.

           COMMENTS  

           1)Rationale  .  Supporters assert that this bill is necessary to 
            address the reality of today's family dynamics in California. 
            They indicate that current law's narrow definition of family 
            excludes precludes individuals from caring for their loved 
            ones without jeopardizing their long-term financial security.

           2)Existing law  establishes the CFRA, which requires employers 
            with 50 or more employees to provide, upon request, up to 12 








                                                                  AB 59
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            weeks of protected unpaid leave during any 12-month period for 
            specified purposes. These include: childbirth; placement of a 
            child with respect to adoption or foster care; care of a 
            parent, spouse or child with a serious health condition; the 
            employee's own serious health condition.

            Under CFRA, a child is defined as including a biological 
            child, adoptive child, stepchild, or a legal ward who is under 
            the age of 18 or is an adult dependent child. It defines 
            parents to include biological, foster or adoptive parent, a 
            stepparent, or a legal guardian.

            Employees seeking medical leave must provide the employer with 
            reasonable advance notice of the leave, if foreseeable. CFRA 
            also authorizes an employer to require an employee request for 
            leave for a serious condition be certified by a health care 
            provider, and includes a process for an employer to contest 
            the validity of the certification.

           3)Previous legislation  .  AB 849 (Swanson), similar to this bill, 
            was held on this committee's suspense file in 2009.  

              

           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916) 
          319-2081