BILL ANALYSIS �
AB 2039
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ASSEMBLY THIRD READING
AB 2039 (Swanson)
As Introduced February 23, 2012
Majority vote
LABOR & EMPLOYMENT 5-1 APPROPRIATIONS 12-5
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|Ayes:|Swanson, Alejo, Allen, |Ayes:|Fuentes, Blumenfield, |
| |Furutani, Yamada | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Ammiano, Hill, |
| | | |Lara, Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Morrell |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Amends the California Family Rights Act (CFRA) to
expand the definition of family member. Specifically, this
bill :
1)Amends the definition of "child" to eliminate reference to the
age and dependent status of the child.
2)Expands the scope of permissible family and medical leave to
include leave to care for a sibling, grandparent, grandchild,
or parent-in-law with a serious health condition.
3)Specifies that permissible leave includes leave to care for a
domestic partner with a serious health condition.
EXISTING LAW :
1)Establishes the CFRA, also known as the Moore-Brown-Roberti
Family Rights Act.
2)Requires employers with 50 or more employees to provide
covered employees, upon request, with up to 12 weeks of
protected unpaid leave during any 12 month period for the
following reasons:
a) For the birth of a child or the placement of a child in
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connection with the adoption or placement in foster care of
the child with the employee.
b) To care for a parent, spouse or child with a serious
health condition.
c) Because of the employee's own serious health condition.
3)Defines "child" as a biological, adopted or foster child, a
stepchild, a legal ward, or a child of a person standing in
loco parentis, who is either under the age of 18 or is an
adult independent child.
4)Defines an "employer" as either any person who directly
employs 50 or more persons to perform services for a wage or a
salary, or the state and any political or civil subdivision of
the state and cities.
5)Defines a "parent" as a biological, foster, or adoptive
parent, a stepparent, a legal guardian, or other person who
stood in loco parentis to the employee when the employee was a
child.
6)Defines a "serious" health condition as an illness, injury,
impairment, or physical or mental condition that involves
either inpatient care or continuing treatment or supervision
by a health care provider.
7)Requires an employee to provide the employer with reasonable
advance notice of the need for the leave, if foreseeable.
8)Authorizes an employer to require that an employee request for
leave for a serious health condition be certified by a health
care provider, as specified, and that it subsequently may be
recertified if additional leave is requested.
9)Establishes a process by whereby an employer may contest the
validity of the certification of a serious health condition
and obtain an ultimate determination that is final and binding
on the employer and the employee.
FISCAL EFFECT : According to Assembly Appropriations Committee,
minor, absorbable General Fund (GF) costs to the Department of
Fair Employment and Housing (DFEH) to implement this measure.
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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.
Unknown but potentially significant GF costs to the state, as
the employer of approximately 200,000 individuals who would
receive expanded leave rights.
COMMENTS : According to the author, the need for job-protected
family care and medical leave is critical to workers' physical
and emotional well-being, as workers who do not have job
protection are presented with the untenable choice of caring for
their family members or losing their job. The author notes that
one of the shortcomings of CFRA is that the current definition
of "family member" does not adequately reflect the reality of
California's families in which siblings care for one another,
grandchildren care for grandparents and parent care for adult
children.
A report by Eileen Appelbaum and Ruth Milkman, titled "Leaves
that Pay," (LTP Report), does not specifically study unpaid
leave, but addresses the general importance of workers having
job-protected leave. According to the LTP Report, the demand
for time off from work to address family needs has grown rapidly
as family and work patterns have shifted over recent decades.
The LTP Report notes that the only major U.S. legislation to
address these issues is the 1993 Family and Medical Leave Act
(FMLA), which guarantees up to 12 weeks of job protected leave.
However, FMLA's coverage is limited to only about half of all
workers. According to the National Center for Children in
Poverty, the prospect of lost wages often discourages low-wage
workers from taking time off to care for a sick family member.
The FMLA covers all public sector workers and private sector
workers who work for employers with 50 or more employees on the
payroll or within 75 miles of the worksite. In addition,
employees must work for at least 12 months and worked 1,250
hours or more for the same employer in the year preceding the
leave.
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In addition to unpaid leave, SB 1661 (Kuehl), Chapter 901,
Statutes of 2002, established the Paid Family Leave Program,
also known as the Family Temporary Disability Insurance Program.
This law guarantees California workers up to six weeks of paid
family leave at 55% of their base pay. Deductions from eligible
employee wages began on January 1, 2004, and benefits were made
payable beginning July 1, 2004.
Please see the policy committee analysis for additional,
more-detailed comments.
Analysis Prepared by : Shannon McKinley / L. & E. / (916)
319-2091
FN: 0003856