BILL ANALYSIS �
AB 1562
Page 1
ASSEMBLY THIRD READING
AB 1562 (Gomez)
As Amended April 1, 2014
Majority vote
LABOR & EMPLOYMENT 5-1 APPROPRIATIONS 12-5
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|Ayes:|Roger Hern�ndez, Alejo, |Ayes:|Gatto, Bocanegra, |
| |Chau, Gomez, Holden | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Morrell |Nays:|Bigelow, Donnelly, Jones, |
| | | |Linder, Wagner |
| | | | |
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SUMMARY : Amends existing law governing unpaid family and
medical leave with respect to public or private school
employees, as specified. Specifically, this bill :
1)Provides that for eligibility purposes, during the previous
12-month period, a public or private school employee must have
served at least 60% of the hours of service that an employee
who is employed full time is required to perform in a school
year, in addition to other existing requirements.
2)Provides that an existing provision of law that allows an
employer to refuse to reinstate an employee returning from
leave under certain circumstances does not apply to public or
private school employees.
3)Makes other related and conforming changes.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will result in unknown but potentially
significant Proposition 98/General Fund costs to school
districts and county offices of education, and one-time minor
and absorbable costs to the Department of Fair Employment and
Housing.
AB 1562
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COMMENTS : The Moore-Brown-Roberti Family Rights Act (CFRA) is
the state law equivalent of the federal Family and Medical Leave
Act (FMLA). Both acts provide for up to 12 weeks of unpaid
family and medical leave for public and private employees.
Under the CFRA, there are two main eligibility criteria. First,
the employee must have worked for the employer for more than 12
months. Second, the employee must have worked more than 1,250
hours for the employer during the prior 12-month period.
Full-time employees generally have no problem satisfying the
hours of service requirement, because a regular (40 hours per
week) full-time employee works 2,080 hours in a 12-month period.
The 1,250 hour threshold under the CFRA generally represents
60% of a full-time schedule. Therefore, part-time workers may
be eligible for leave under the CFRA as long as they generally
work about 60% of a full-time schedule. A part-time employee
would have to work about 24 hours per week in order to reach the
hours of service needed for eligibility under the CFRA.
The sponsor of this bill, the California Teachers Association
(CTA), notes that many educators and other public and private
school employees are not covered by the CFRA because they do not
meet the hours of service requirement due to the length of the
school year. For example, a full-time teacher or other school
employee who works for 182 days and 7.25 hours per day would
have 1,320 hours of service in a calendar year, and would
therefore be eligible for leave under the CFRA. However, a
part-time teacher of other school employee would have to work
95% of a full-time schedule in order to reach the minimum hours
of service. Part-time employees who work less than that amount
are not eligible for leave.
CTA argues that because the CFRA was intended to cover employees
who work 60% of full-time schedule, the law needs to be amended
to ensure equitable treatment of public and private school
employees who work 60% of a full-time schedule.
There is no opposition on file.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
AB 1562
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FN: 0003603