BILL ANALYSIS �
AB 2030
Page 1
Date of Hearing: April 23, 2014
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hern�ndez, Chair
AB 2030 (Campos) - As Introduced: February 20, 2014
SUBJECT : Employees: time off.
SUMMARY : Provides that existing leave provided for
school-related activities be paid, as specified. Specifically,
this bill :
1)Provides that existing time off for school-related activities
be without loss of pay.
2)Provides that the employee shall not be required to use
existing vacation, personal leave, or compensatory time off,
unless otherwise provided by a collective bargaining
agreement.
3)Provides that an employee shall not be required to use time
off without pay for this purpose, to the extent made available
by his or her employer.
4)Makes other related and conforming changes.
EXISTING LAW :
1)Provides that no employer who employs 25 or more employees
shall discharge or in any way discriminate against an employee
who is a parent, guardian, or grandparent having custody, of
one or more children in kindergarten or grades 1 to 12,
inclusive, or attending a licensed child day care facility,
for taking off up to 40 hours each year, not exceeding eight
hours in any calendar month of the year, to participate in
activities of the school or licensed child day care facility
of any of his or her children, if the employee, prior to
taking the time off, gives reasonable notice to the employer.
2)Provides that the employee shall utilize existing vacation,
personal leave, or compensatory time off, unless otherwise
provided by a collective bargaining agreement.
3)Provides that an employee may also utilize time off without
pay for this purpose, to the extent made available by his or
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her employer.
4)Requires the employee to provide documentation from the school
or licensed child day care facility, if requested by the
employer.
5)Provides for remedies (including reinstatement and
reimbursement for lost wages) and civil penalties for related
adverse employment action taken by an employer against an
employee.
FISCAL EFFECT : Unknown
COMMENTS : Current law authorizes employees of certain
employers to take protected unpaid time off for certain
school-related activities. Specifically, existing law provides
that no employer who employs 25 or more employees shall
discharge or in any way discriminate against an employee who is
a parent, guardian, or grandparent having custody, of one or
more children in kindergarten or grades 1 to 12, inclusive, or
attending a licensed child day care facility, for taking off up
to 40 hours each year, not exceeding eight hours in any calendar
month of the year, to participate in activities of the school or
licensed child day care facility of any of his or her children,
if the employee, prior to taking the time off, gives reasonable
notice to the employer.
Such leave is unpaid , but existing law provides that the
employee shall utilize existing vacation, personal leave, or
compensatory time off, unless otherwise provided by a collective
bargaining agreement. If the employee does not have vacation or
other paid personal leave, the employee may take the time off
unpaid.
AUTHOR'S STATEMENT IN SUPPORT OF THE BILL :
According to the author:
"For 25 years, the policy of the California State Board of
Education has been that parental involvement is a critical
dimension of effective schooling. Research has repeatedly
demonstrated that student achievement improves with
parental participation.
Working and single parents often have a difficult time
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participating in school or child care activities. Too
often they are forced to choose between being actively
involved in their child's schooling or focused exclusively
on providing financial security. This is a no-win scenario
not only for the parent, but also for the child. Families
should not be faced with these two extremes. There should
be a middle ground."
ARGUMENTS IN SUPPORT :
Supporters argue that working parents should not have to miss
significant events like parent-teacher conferences, school
plays, and presentations simply because they cannot afford to
take time away from work. A parent's active involvement in his
or her child's education is incredibly beneficial to the child's
academic success. When parents wish to attend the
school-related functions of their children, their employers
should not create barriers that prevent them from doing so. Our
state has the power and the responsibility to make it easier for
working parents to be present for their children.
ARGUMENTS IN OPPOSITION :
Opponents, including the California Chamber of Commerce, argue
that this bill would increase the burden on employers who
provide this leave to mandate that such employers not only
provide the time off, but also compensate employees who take the
leave. While they appreciate the desire to encourage
participation at school activities, they believe that requiring
this leave to be paid is simply too burdensome for employers.
Opponents argue that the number and length of protected leaves
of absences that California already requires employers to
provide its employees is extensive. These existing leaves
already create a burden on employers. Incentivizing employees
to take up to an additional week of leave for "school
activities" as this bill proposes, will increase the cumulative
burden on California employers.
Opponents contend that the current law provides the right
balance for employees and employers, by allowing employees to
take time off to attend school activities without the fear of
discrimination or retaliation, and not forcing an employer to
pay for the leave as well. They argue that this bill upsets
this balance.
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REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
Association for Los Angeles Deputy Sheriffs
California Association of Professional Employees
California Conference of Machinists
California Conference of the Amalgamated Transit Union
California Federation of Teachers
California Labor Federation, AFL-CIO
California Nurses Association
California State Council of Service Employees International
Union
California Teamsters Public Affairs Council
Engineers & Scientists, Local 20
Glendale City Employees Association
International Longshore and Warehouse Union, Coast Division
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Los Angeles Probation Officers' Union, Local 685
Organization of SMUD Employees
Professional & Technical Engineers, Local 21
Riverside Sheriffs' Association
San Bernardino Public Employees Association
San Luis Obispo County Employees Association
UNITE HERE
United Farm Workers
United Nurses Associations of California/Union of Health Care
Professionals
Utility Workers Union of America, Local 132
Opposition
Associated Builders and Contractors of California
Associated Builders and Contractors, Inc. - San Diego Chapter
Associated General Contractors
Association of California Healthcare Districts
Building Owners and Managers Association of California
California Association for Health Services at Home
California Association of Joint Powers Authority
California Bankers Association
California Bus Association
California Business Properties Association
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California Chamber of Commerce
California Employment Law Council
California Farm Bureau Federation
California League of Food Processors
California Manufacturers and Technology Association
California New Car Dealers Association
California Restaurant Association
California Retailers Association
California Special Districts Association
California State Association of Counties
Chambers of Commerce Alliance of Ventura and Santa Barbara
Counties
City of San Marcos
El Centro Chamber of Commerce and Visitors Bureau
Family Business Association
Fullerton Chamber of Commerce
Greater Fresno Area Chamber of Commerce
Independent Insurance Agents and Brokers of California
International Council of Shopping Centers
Los Angeles County Board of Supervisors
NAIOP of California, the Commercial Real Estate Development
Association
National Federation of Independent Business
Oxnard Chamber of Commerce
Plumbing-Heating-Cooling Contractors Association of California
Office of the Riverside County Superintendent of Schools
San Jose Silicon Valley Chamber of Commerce
Santa Clara Chamber of Commerce
Simi Valley Chamber of Commerce
South Bay Association of Chambers of Commerce
Tahoe Chamber of Commerce
United Chambers of Commerce of the San Fernando Valley
Urban Counties Caucus
Valley Industry and Commerce Association
Visalia Chamber of Commerce
Western Electrical Contractors Association
Western Growers Association
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091