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 Page 2 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. AB 109 Page 3 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 Page 4 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 Page 5 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