BILL ANALYSIS                                                                                                                                                                                                    



                                                          SB 118
                                                          Page  1

Date of Hearing:   August 18, 1999

              ASSEMBLY COMMITTEE ON APPROPRIATIONS 
                    Carole Migden, Chairwoman

          SB 118 (Hayden) - As Amended: June 16, 1999 

Policy Committee:                              Labor and  
Employment   Vote:                             6-3

Urgency:     No                   State Mandated Local  
Program:NoReimbursable:           

  SUMMARY  :

This bill requires employers to provide unpaid family and  
medical leave benefits for employees to care for a grandparent,  
sibling, adult child or domestic partner with a serious health  
condition, or to care for an individual who depends upon the  
employee for immediate care and support.  Any such individual  
who is not a relative or domestic partner would need to share a  
common residence with the employee and have a serious health  
condition to qualify under the bill.

The bill defines "domestic partners" to mean two adult persons  
in a committed relationship of mutual caring where all of the  
following conditions apply:
 
1)Both persons share a common residence.

2)Both persons agree to be responsible for each other's basic  
  living expenses during the domestic partnership.

3)Neither person is married or a member of another domestic  
  partnership.

4)Both persons are at least 18 years of age.

5)Both persons file a Declaration of Domestic Partnership with  
  the employer.

  FISCAL EFFECT  :

No state costs.  The Department of Personnel Administration  
reports that existing collective bargaining agreements between  








                                                          SB 118
                                                          Page  2

the state and its represented employees already provide for this  
benefit.

  COMMENTS  :

  1)Background  . Current law, under the California Family Rights  
  Act (CFRA), authorizes 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.  The CFRA provides that a "child" of  
  the employee must be a minor under 18 years of age or an adult  
  dependent.  

  2)Purpose  . According to proponents, employees are precluded  
  under current law from taking unpaid leave to care for  
  unmarried partners, siblings, non-dependent adult children and  
  others who depend upon the employee as the primary caregiver.   
  Consequently, many families' caregiving needs are now being  
  met by family members who also are holding down jobs.  This  
  has led to the demand for workplace policies that provide  
  employees with the flexibility to balance the competing needs  
  of job and home.  This bill corrects the inequity of excluding  
  domestic partners, siblings, nondependent adult children and  
  others from the coverage of the CFRA.



  Analysis Prepared by  :    Stephen Shea / APPR. / (916) 319-2081