BILL ANALYSIS �
AB 2039
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Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2039 (Swanson) - As Introduced: February 23, 2012
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)Minor, absorbable GF costs to the Department of Fair
Employment and Housing (DFEH) to implement this measure. DFEH
reports it will begin utilizing a new case management system
for complaints in spring 2012. This system will enable all
complaints to be filed electronically and allow all relevant
personnel to have quick and easy access to this information.
DFEH expects this system to minimize its workload for
complaints filed. Likewise, DFEH reports the number of
complaints filed is down over the last several years.
2)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
precludes individuals from caring for their loved ones without
jeopardizing their long-term financial security.
AB 2039
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2)Existing law establishes the CFRA, which requires employers
with 50 or more employees to provide, upon request, up to 12
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 (2009) and AB 59 (2010) authored
by Assemblymember Swanson were held on this committee's
suspense file.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081