BILL ANALYSIS
SB 118
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Date of Hearing: July 14, 1999
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Darrell Steinberg, Chair
SB 118 (Hayden) - As Amended: June 16, 1999
SENATE VOTE : 21-13
SUMMARY : Provides that an employee may take family care and
medical leave to care for a grandparent or sibling, or domestic
partner, as defined, as well as an adult child, who has a
serious health condition or to care for an individual who
depends on the employee for immediate care and support, who
shares a common residence with the employee and who has a
serious health condition. Specifically, this bill :
1)Defines ''Domestic partners'' to mean two adult persons in a
committed relationship of mutual caring where all of the
following conditions apply:
a) Both persons share a common residence.
b) Both persons agree to be responsible for each other's
basic living expenses during the domestic partnership.
c) Neither person is married or a member of another
domestic partnership.
d) Both persons are at least 18 years of age.
e) Both persons file a Declaration of Domestic Partnership
with the employer.
2)Revises the definition of family care and medical leave to
include, in addition to leave to care for a parent or a
spouse, leave to care for a grandparent, sibling, or domestic
partner who has a serious health condition.
3)Provides for leave to care for an individual who depends on
the employee for immediate care and support who shares a
common residence with the employee and who has a serous health
condition.
4)Permits an employee to utilize leave under the California
Family Rights Act (CFRA) for care of any adult child, by
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removing the limitation that an adult child be a dependent.
EXISTING LAW
1)Provides, under the CFRA, the right of an eligible employee to
take up to 12 weeks of family care and medical leave (1) in
connection with the birth or adoption or serious health
condition of the employee's child, (2) to care for a parent or
spouse who has a serious health condition, or (3) because of
the employee's own serious health condition.
To qualify under the CFRA, an employee must have more than one
year of service with the employer and must have worked at
least 1,250 hours during the previous 12-month period.
2)Provides under the CFRA, that a "child" of the employee must
be a minor under 18 years of age or an adult dependent.
FISCAL EFFECT : The Senate Appropriations Committee reported no
state costs for this bill.
COMMENTS :
1)According to the author and supporters of this measure, under
current law, unmarried partners, siblings, and others who are
primary caregivers are precluded from taking unpaid leave to
provide care. Many families' caregiving needs are now being
met by family members who also are holding down jobs. This
has fueled the rising need among employees for workplace
policies that enable them to meet the often competing needs of
job and home.
Without the availability of job-protected family and medical
leave, employees often face the difficult choice of returning
to work prematurely, or giving up their jobs or of not
providing their families the care and support they need. This
bill corrects the inequity of excluding domestic partners,
siblings, and others who are primary caregivers from the
family and medical leave law.
They site a report of the Commission on Family and Medical
Leave at Cornell University which found that the federal
Family Medical Leave Act (FMLA) is working for millions of
workers and their families. The great majority of companies
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reported no or only minor new costs. Some businesses also
indicated they have seen a positive benefit from these
policies in creased productivity and lower worker turnover.
2)Opponents state that this measure provides new incentives to
sue employers for failing to grant "family leave" to
non-family members. Any employer who denies family leave in
violation of the law may be liable for compensatory damages,
punitive damages, court costs and attorney fees.
Opponents also state that the bill would impose a significant
burden on employers because it is overly broad and lacks any
definitions or specific requirements on how one qualifies for
family care and medical leave. It is subject to abuse by
employees and would lead to increased litigation.
The Committee on Moral Concerns argues that employers should
not be forced into the expense and inconvenience of
accommodating employees' non-legal relationships of
convenience. The historical family arrangement works best for
society. Struggling families do not need their tax burden
increased or their wages or benefits cut to support employee's
adult friends.
3)A similar bill, SB 1506 (Hayden) of 1998, died on the Senate
floor. SB 1149 (Speier) of 1999 is currently pending before
this committee.
REGISTERED SUPPORT / OPPOSITION :
Support
AIDS Project Los Angeles
American Cancer Society
American Civil Liberties Union
American Federation of State, County and Municipal Employees
California Alliance for Pride and Equality
California Association for the Education of young Children
California Catholic Conference
California Church Impact
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Federation of Business and Professional Women
California Independent Public Employees Legislative Council
California Professional Firefighters
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California School Employees Association
California Teachers Association
California Teamsters Public Affairs Council
Coalition of University Employees
Communications Workers of America, District 9, AFL-CIO
Elections Committee of the County of Orange
Engineers & Scientists of California, Local 20 IFPTE, AFL-CIO
Equal Rights Advocates
Friends Committee on Legislation of California
Hotel Employees, Restaurant Employees International Union,
AFL-CIO
L.A. Gay and Lesbian Center
Legal Aid Society of San Francisco
Parents, Families and Friends of Lesbians and Gays
Region 8 States Council of the United Food & Commercial Workers
United Teachers Los Angeles
Westin Bonaventure Hotel and Suites, Los Angeles
Opposition
California Chamber of Commerce
California Manufacturers Association
Committee on Moral Concerns
Printing Industries of California
Analysis Prepared by : Ralph Lightstone / L. & E. /
(916)319-2091