Hannah-Beth Jackson
- Democratic
Author
Existing law, the Moore-Brown-Roberti Family Rights Act, or California Family Rights Act (CFRA) , makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period (1) for reason of a child born to, adopted by, or placed for foster care with, the employee, (2) to care for the employee's parent or spouse who has a serious health condition, as defined, or (3) because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job. Existing law prohibits an employer from refusing to allow a female employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable time of up to 4 months before returning to work. Existing law also prohibits an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes that leave, as specified. This bill would prohibit an employer, as defined, from refusing to allow an employee with more than 12 months of service with the employer, who has at least 1,250 hours of service with the employer during the previous 12-month period, and who works at a worksite in which the employer employs at least 20 employees within 75 miles, to take up to 12 weeks of parental leave to bond with a new child within one year of the child's birth, adoption, or foster care placement. The bill would also prohibit an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes this leave. The bill would allow the employer to recover coverage costs under specific circumstances. The bill would provide that it would not apply to an employee who is subject to both specified state law regarding family care and medical leave, and the federal Family and Medical Leave Act of 1993. Under the bill, if the employer employs both parents and they are entitled to leave pursuant to this bill for the same birth, adoption, or foster care placement, the parents' mandated parental leave would be capped at the amount granted to an employee by the bill. The bill would authorize the employer to grant simultaneous leave to these parents. This bill would also prohibit an employer from refusing to hire, or from discharging, fining, suspending, expelling, or discriminating against, an individual for exercising the right to parental leave provided by this bill or giving information or testimony as to his or her own parental leave, or another person's parental leave, in an inquiry or proceeding related to rights guaranteed under this bill. The bill would additionally prohibit an employer from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any right provided under this bill. The bill would require the Fair Employment and Housing Council, to the extent that state regulations interpreting CFRA are within the scope of, and not inconsistent with the bill or with other state law, to incorporate those regulations by reference to govern leave under the bill. Under existing law, the Department of Fair Employment and Housing is authorized to provide mediation services to parties involved in actions under its jurisdiction. This bill, until January 1, 2020, would require the Department of Fair Employment and Housing, upon receiving funding from the Legislature, to create a parental leave mediation pilot program, as specified. Under the pilot program, within 60 days of receipt of a right-to-sue notice, an employer may request all parties to participate in the department's Mediation Division Program. If the employer makes such a request, the bill would prohibit an employee from pursuing any civil action under these provisions until the mediation is complete, as defined, which would include an employee's election not to participate in mediation. The bill would provide that the employee's statute of limitations would be tolled during the course of the mediation, as specified.
Chaptered by Secretary of State. Chapter 686, Statutes of 2017.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 25. Noes 13. Page 2843.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 51. Noes 15. Page 3207.) Ordered to the Senate.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 10. Noes 6.) (September 1).
July 19 set for first hearing. Placed on APPR. suspense file.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 27). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (June 21). Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 25. Noes 13. Page 1252.) Ordered to the Assembly.
Published May 26 at 10 a.m.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1177.) (May 25).
Set for hearing May 25.
April 24 hearing: Placed on APPR. suspense file.
Set for hearing April 24.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 625.) (April 4).
Set for hearing April 4.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 445.) (March 22).
Set for hearing March 22.
Read first time.
From printer. May be acted upon on or after January 26.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB63 | HTML |
| 12/22/16 - Introduced | |
| 03/23/17 - Amended Senate | |
| 04/17/17 - Amended Senate | |
| 05/26/17 - Amended Senate | |
| 07/13/17 - Amended Assembly | |
| 09/08/17 - Amended Assembly | |
| 09/15/17 - Enrolled | |
| 10/12/17 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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