BILL ANALYSIS
SB 118
Page 1
SENATE THIRD READING
SB 118 (Hayden)
As Amended June 16, 1999
Majority vote
SENATE VOTE :21-13
LABOR AND EMPLOYMENT 6-3 APPROPRIATIONS
14-7
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|Ayes:|Steinberg, Gallegos, |Ayes:|Migden, Cedillo, Davis, |
| |Knox, Migden, Romero, | |Hertzberg, Kuehl, Papan, |
| |Shelley | |Romero, Shelley, |
| | | |Steinberg, Thomson, |
| | | |Wesson, Wiggins, Wright, |
| | | |Longville |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Margett, McClintock, |Nays:|Brewer, Ackerman, |
| |Oller | |Ashburn, Battin, |
| | | |Maldonado, Runner, Zettel |
| | | | |
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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; and,
SB 118
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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 removing the
limitation that an adult child be a dependent.
EXISTING LAW :
1)Provides, under CFRA, the right of an eligible employee to take
up to 12 weeks of family care and medical leave: a) in
connection with the birth or adoption or serious health
condition of the employee's child; b) to care for a parent or
spouse who has a serious health condition; or, c) because of the
employee's own serious health condition. To qualify under 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 CFRA, that a "child" of the employee must be a
minor under 18 years of age or an adult dependent.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, no state costs. The Department of Personnel
Administration reports that existing collective bargaining
agreements between the state and its represented employees already
provide for this benefit.
COMMENTS :
1)According to the author and supporters of this bill, 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
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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 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 bill 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 this 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.
Analysis Prepared by : Ralph Lightstone / L. & E. /
(916)319-2091
FN: 0002370