BILL ANALYSIS
AB 109
Page 1
Date of Hearing: April 7, 1999
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Darrell Steinberg, Chair
AB 109 (Knox) - As Amended: March 25, 1999
SUMMARY : Requires an employer who provides sick leave for
employees to permit an employee to use the sick leave to attend
to the illness of a child, parent, or spouse of the employee.
Specifically, this bill :
1)Requires an employer who provides sick leave for employees to
permit an employee to use, in any calendar year, not less than
one-half of the employee's accrued and available sick leave to
attend to the illness of a child, parent, or spouse of the
employee.
2)Specifies that all conditions and restrictions placed by the
employer upon the use by an employee of sick leave shall also
apply to the use by the employee of sick leave to attend to an
illness of a child, parent, or spouse of the employee.
3)Specifies that the bill does not extend the maximum period of
leave permitted by the federal Family Medical Leave Act (FMLA)
or the California Family Rights Act (CFRA).
4)Includes state and local governments within the ambit of the
bill.
5)Defines "sick leave" to mean accrued increments of
compensated leave provided by an employer to an employee as a
benefit for use by the employee during an absence from
employment for specified reasons which include: illness,
injury or medical condition; diagnosis or treatment; or other
medical reasons such as pregnancy or obtaining a physical
examination.
6)Provides that no employer shall deny an employee the right to
use sick leave, or discharge, or threaten to discharge or
otherwise discriminate against an employee for using or
attempting to exercise the right to use sick leave as provided
in the bill.
7)Provides that an employee who is aggrieved by a violation of
this law shall be entitled to reinstatement and actual damages
AB 109
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or one day's pay, whichever is greater, and to appropriate
equitable relief.
8)Authorizes the Labor Commissioner to enforce the provisions of
this law and establishes alternatively that an employee may
bring a civil action for remedies provided by this law.
Provides that a court may award attorney's fees to the
employee if the employee prevails in such an action.
9)Provides that rights and remedies in the bill are cumulative
and nonexclusive.
EXISTING LAW :
1)Makes it an unlawful employment practice for any employer, if
the employer employs at least 50 employees within 75 miles of
the worksite where that employee is employed, to refuse to
grant a request by any employee to take up to a total of 12
workweeks in any 12-month period for family care and medical
leave, as specified, provided that the employee has worked for
the employer for 1,250 hours during the previous 12 months.
2)Defines "family care and medical leave" to mean, generally,
leave for reason of the birth of a child of the employee, or
the serious health condition of a child of the employee; leave
to care for a parent or a spouse who has a serious health
condition; or leave because of an employee's own serious
health condition.
3)Defines a serious health condition to generally mean a
condition which involves either inpatient care or continuing
treatment or supervision by a health care provider.
4)Provides, under regulations adopted by the Fair Employment and
Housing Commission, that with the exception of leave related
to the birth of a child, an employer may limit leave
increments to the shortest period of time the employer's
payroll system uses to account for absences.
5)Provides that an employer may require an employee to use any
accrued paid sick leave for otherwise unpaid medical leave,
but does not grant an employee the right to use accrued paid
sick leave in connection with the illness of a child, parent,
or spouse unless mutually agreed to by the employer and the
employee.
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FISCAL EFFECT : Unknown
COMMENTS :
1)The FMLA or the CFRA generally provide for unpaid leave. The
sick leave covered in this bill is compensated.
2)The FMLA and the CFRA apply to employers of 50 or more
workers, as defined. This bill applies to any employers that
provide compensated sick leave without regard to size.
3)The sponsor of this measure, the California Labor Federation,
and the author state that:
a) Employees need the option to use sick leave for
unexpected, short-term situations that may not constitute a
"serious" health condition, and not be required to take
more than needed or risk losing their jobs.
b) The percentage of women in the paid work force with
school-aged children increased from 27.3% to 75.9% from
1947 to 1992 and the percentage with preschool children
increased from 12% to 58% in the same period.
c) Most children do not have serious illnesses; they have
minor illnesses and injuries requiring absence from school
or child care; many child care providers refuse to care
for sick children.
d) State employees, employees in many cities, and county
employees in 57 of 58 counties are authorized to use their
sick leave for family illnesses.
4)Opponents of this measure state that this bill will discourage
employers from offering paid sick leave.
AB 109
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REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
Association of Orange County Deputy Sheriffs
California Child Care Health Program
California Child, youth and Family Coalition
California Church Impact
California Coalition of United Cerebral Palsy Associations
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Correctional Peace Officers Association
California Federation of Teachers
California Independent Public Employees Legislative Council
California Labor Federation, AFL-CIO
California National Organization for Women
California Nurses Assocation
California Organization of Police and Sheriffs
California Professional Firefighters
California School Employees Association
California State Association of Electrical Workers
California State Firefighters Association, Inc.
California State Pipe Trades Council
California Teachers Association
California Teamsters Public Affairs Council
Century City Hospital
Children Now
Children's Advocacy Institute
Congress of California Seniors
Engineers & Scientists of California, Local 20 IFPTE, AFL-CIO
Equal Rights Advocates
Hotel Employees, Restaurant Employees International Union,
AFL-CIO
Labor Project for Working Families
Legal Aid Society of San Francisco
Long Beach Police Officers Association
Midway Hospital Medical Center
National Council of Jewish Women
Older Women's League of California
Pediatric & Family Medical Center
Planned Parenthood Afffo;oates pf Ca;ofprmoa
Region 8 States Council of the United Food & Commercial Workers
AB 109
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Sacramento County Deputy Sheriffs' Association
Santa Ana Police Officers Association
United Transportation Union
Western States Council of Sheet Metal Workers
Westside Women's Health Center
Women's Economic Agenda Project
Women's Employment Rights Clinic at Golden Gate University
Opposition
California State Association of Counties
DJB Liberty, Inc.
Gray Lift, Inc.
Heritage Estates, Inc.
Linde's Electronics
Loar Ward Property Appraiser
MJM Maintenance Co.
N/S Corporation
Pacific Towing
Poma Distributing Co., Inc.
Printing Industries of California
Realty World
Tubular Specialties MFG., Inc.
Tustin Chamber of Commerce
Valley Paper and Packaging Inc.
Analysis Prepared by : Ralph Lightstone / L. & E. /
(916)319-2091