(1)Existing law prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking off up to 40 hours each year for the purpose of participating in school activities, subject to specified conditions. Existing law requires an employee to provide documentation regarding these activities upon request by an employer and provides remedies to employees discharged, demoted, or in any other manner discriminated against as a result of his or her exercise of this right to take time off.

This bill would revise references to a child day care facility to instead refer to a child care provider. The bill would include the addressing of a child care provider emergency or a school emergency, as defined, and the finding, enrolling, or reenrolling of a child in a school or with a child care provider as activities for which a parent having custody of a child shall not be discriminated against or discharged, as described above. The bill would define parent for these purposes as a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child, thereby extending these protections to an employee who is a stepparent or foster parent or who stands in loco parentis to a child.

(2)Existing law requires an employer who provides sick leave for employees to permit an employee to use the employees accrued and available sick leave entitlement to attend to the illness of a child, parent, spouse, or domestic partner and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness. Existing law defines sick leave for these purposes as leave provided for use by the employee during an absence from employment for specified reasons, including, but not limited to, an employees inability to perform his or her duties due to illness, injury, or a medical condition of the employee. The Healthy Workplaces, Healthy Families Act of 2014 requires an employer, upon the request of an employee, to provide paid sick days for a victim of domestic violence or the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employees family member, which is defined as including, in addition to the above-described relatives, grandparents, grandchildren, and siblings.

This bill would instead require an employer to permit an employee to use sick leave for the purposes specified in the Healthy Workplaces, Healthy Families Act of 2014, would redefine sick leave as leave provided for use by the employee during an absence from employment for these purposes, and would prohibit an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave for these purposes.

(1)Existing law prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking off up to 40 hours each year for the purpose of participating in school activities, subject to specified conditions. Existing law requires an employee to provide documentation regarding these activities upon request by an employer and provides remedies to employees discharged, demoted, or in any other manner discriminated against as a result of his or her exercise of this right to take time off.

This bill would revise references to a child day care facility to instead refer to a child care provider. The bill would include the addressing of a child care provider emergency or a school emergency, as defined, and the finding, enrolling, or reenrolling of a child in a school or with a child care provider as activities for which a parent having custody of a child shall not be discriminated against or discharged, as described above. The bill would define parent for these purposes as a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child, thereby extending these protections to an employee who is a stepparent or foster parent or who stands in loco parentis to a child.

(2)Existing law requires an employer who provides sick leave for employees to permit an employee to use the employees accrued and available sick leave entitlement to attend to the illness of a child, parent, spouse, or domestic partner and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness. Existing law defines sick leave for these purposes as leave provided for use by the employee during an absence from employment for specified reasons, including, but not limited to, an employees inability to perform his or her duties due to illness, injury, or a medical condition of the employee. The Healthy Workplaces, Healthy Families Act of 2014 requires an employer, upon the request of an employee, to provide paid sick days for a victim of domestic violence or the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employees family member, which is defined as including, in addition to the above-described relatives, grandparents, grandchildren, and siblings.

This bill would instead require an employer to permit an employee to use sick leave for the purposes specified in the Healthy Workplaces, Healthy Families Act of 2014, would redefine sick leave as leave provided for use by the employee during an absence from employment for these purposes, and would prohibit an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave for these purposes.

(1)Existing law prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking off up to 40 hours each year for the purpose of participating in school activities, subject to specified conditions. Existing law requires an employee to provide documentation regarding these activities upon request by an employer and provides remedies to employees discharged, demoted, or in any other manner discriminated against as a result of his or her exercise of this right to take time off.

This bill would revise references to a child day care facility to instead refer to a child care provider. The bill would include the addressing of a child care provider emergency or a school emergency, as defined, and the finding, enrolling, or reenrolling of a child in a school or with a child care provider as activities for which a parent, guardian, or grandparent parent having custody of a child shall not be discriminated against or discharged, as described above. The bill would extend define parent for these purposes as a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child, thereby extending these protections to an employee who is a stepparent or foster parent or who stands in loco parentis to a child.

(2)Existing law requires an employer who provides sick leave for employees to permit an employee to use the employees accrued and available sick leave entitlement to attend to the illness of a child, parent, spouse, or domestic partner and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness. Existing law defines sick leave for these purposes as leave provided for use by the employee during an absence from employment for specified reasons, including, but not limited to, an employees inability to perform his or her duties due to illness, injury, or a medical condition of the employee. The Healthy Workplaces, Healthy Families Act of 2014 requires an employer, upon the request of an employee, to provide paid sick days for a victim of domestic violence or the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employees family member, which is defined as including, in addition to the above-described relatives, grandparents, grandchild, grandchildren, and siblings.

This bill would instead require an employer to permit an employee to use sick leave for the purposes specified in the Healthy Workplaces, Healthy Families Act of 2014, would redefine sick leave as leave provided for use by the employee during an absence from employment for these purposes, and would prohibit an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave for these purposes.

(1)Existing law prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking off up to 40 hours each year for the purpose of participating in school activities, subject to specified conditions. Existing law requires an employee to provide documentation regarding these activities upon request by an employer and provides remedies to employees discharged, demoted, or in any other manner discriminated against as a result of his or her exercise of this right to take time off.

This bill would revise references to a day care facility to instead refer to a child care provider. The bill would include the addressing of a child care provider emergency or a school emergency, as defined, and the finding, enrolling, or reenrolling of a child in a school or day with a child care facility provider as activities for which a parent, guardian, or grandparent having custody of a child shall not be discriminated against or discharged, as described above. The bill would extend these protections to an employee who is a stepparent or foster parent or who stands in loco parentis to a child.

(2)Existing law requires an employer who provides sick leave for employees to permit an employee to use the employees accrued and available sick leave entitlement to attend to the illness of a child, parent, spouse, or domestic partner and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness. The Healthy Workplaces, Healthy Families Act of 2014 requires an employer, upon the request of an employee, to provide paid sick days for a victim of domestic violence or the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employees family member, which is defined as including, in addition to the above-described relatives, grandparents, grandchild, and siblings.

This bill would additionally instead require an employer to permit an employee to use sick leave to address a child care or school emergency, as defined, or attend to the preventive care of a child, parent, spouse, or domestic partner, for the purposes specified in the Healthy Workplaces, Healthy Families Act of 2014, and would prohibit an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave for these purposes.

(2)Existing law requires an employer who provides sick leave for employees to permit an employee to use the employees accrued and available sick leave entitlement to attend to the illness of a family member, as prescribed, child, parent, spouse, or domestic partner and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness.

This bill would additionally require that an employer to permit an employee to use sick leave to address a childcare child care or school emergency, as defined, or attend to the preventive care of a child, parent, spouse, or domestic partner, and would prohibit an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to address a childcare or school emergency. for these purposes.

Existing law requires an employer who provides sick leave for employees to permit an employee to use the employees accrued and available sick leave entitlement to attend to the illness of a family member, as prescribed, and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness.

This bill would additionally require that employer to permit an employee to use sick leave to address a childcare or school emergency, as defined, and would prohibit an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to address a childcare or school emergency.

 UNFINISHED BUSINESS  

Bill No: SB 579

Author: Jackson (D), et al.

Amended: 7/16/15

Vote: 21

SENATE LABOR & IND. REL. COMMITTEE: 4-1, 4/22/15

AYES: Mendoza, Jackson, Leno, Mitchell

NOES: Stone

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 38-1, 6/4/15

AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Nguyen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk

NOES: Nielsen

NO VOTE RECORDED: Morrell

ASSEMBLY FLOOR: 77-0, 9/1/15 - See last page for vote

SUBJECT: Employees: time off

SOURCE: Author

DIGEST: This bill expands on the currently authorized reasons for which an employee can take job-protected time off of work without the fear of discrimination or discharge under the Family School Partnership Act by allowing workers to take time off work to 1) find, enroll, or reenroll his or her child in a school or with a licensed child care provider, and 2) to address a child care provider or school emergency, as defined. This bill also revises provisions of the existing “kin care” law to be consistent with the provisions under the paid sick days law to clarify that “family member” includes the individuals already covered in existing law and that the worker can take sick leave for the reasons currently specified in law.

Assembly Amendments clarify under the “kin care” law that sick leave can be taken for the reasons already specified under the existing paid sick days law.

ANALYSIS:

Existing law:

Family School Partnership Act

1. Prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking up to 40 hours each year of time off (not exceeding eight hours in any calendar month of the year), to participate in activities of the school or licensed child day care facility of any of his or her children. (Labor Code §230.8)

2. Requires the employee, prior to taking the time off, to give reasonable notice to the employer of the planned absence of the employee.

3. Requires an employee to provide documentation regarding these activities upon request by an employer.

4. Requires the employee to utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence. And authorizes the employee to utilize time off without pay for this purpose, to the extent available by his/her employer.

5. Provides remedies to employees discharged, demoted, or in any other manner discriminated against as a result of his/her exercise of this right.

Healthy Workplaces, Healthy Families Act of 2014

6. Provides that starting on July 1, 2015, an employee who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days at the rate of not less than one hour per every 30 hours worked (to be taken after the 90th day of employment).

7. Allows employers to limit the use of paid sick days to 24 hours or three days per year.

8. Requires, upon the oral or written request of an employee, an employer to provide paid sick days for:

1. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling).

2. For specified purposes, as defined, for an employee who is a victim of domestic violence, sexual assault, or stalking.

9. Prohibits an employer from denying an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.

Kin Care law

10. Requires an employer to permit an employee to use the employee’s accrued and available sick leave entitlement to attend to the illness of a child, parent, spouse, or domestic partner of the employee and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness.

This bill:

1. Expands on the currently authorized reasons for which an employee can take job-protected time off of work without the fear of discrimination or discharge under the Family School Partnership Act by allowing workers to take time off work to a) find, enroll, or reenroll his or her child in a school or with a licensed child care provider, and b) to address a child care provider or school emergency, as defined.

2. Specifies that “child care provider or school emergency” means that an employee’s child cannot remain in a school or with a child care provider due to one of the following:

1. The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider.

2. Behavioral or discipline problems.

3. Closure or unexpected unavailability of the school or child care provider, excluding planned holidays.

4. A natural disaster, including, but not limited to, fire, earthquake, or flood.

3. Expands on the individuals authorized to take this time off to include a stepparent, foster parent or person who stands in loco parentis to a child.

4. Revises provisions of the existing “kin care” law to be consistent with the provisions under the paid sick days law to clarify that “family member” includes the individuals already covered in existing law and that the worker can take sick leave for the reasons currently specified in law.

5. Prohibits an employer from denying sick leave or discriminating against an employee for attending to an illness or the preventive care of a family member.

Background

According to the Institute for Women’s Policy Research, parents who used paid sick days were much less likely than other workers to use it for their own health, with more than half taking time to care for their children. Mothers were particularly likely to use paid sick days to care for their children and particularly unlikely to use it for their own health needs. Additionally, the study found that one in 10 parents reported using paid sick days to care for both a child and an older relative. (IWPR, “San Francisco’s Paid Sick Leave Ordinance: Outcomes for Employers and Employees,” February 2011) The Institute for Women’s Policy Research concluded that these findings suggest that many employees make trade-offs when using paid sick days and tend to use this time to care for others, perhaps using less time for their own health needs.

Existing law allows workers the ability to take time off to participate in activities of the school or licensed child day care facility of his/her child; however, this time must be either unpaid or taken using a vacation, personal leave, or compensatory time off. Existing law allows workers to use, beginning in July of this year, paid sick days for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling). However, the author and proponents of this bill believe that more flexibility is needed in the use of both the time off to attend to child care or school activities and the new paid sick day’s law.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee, the Department of Industrial Relations indicates minor/absorbable costs related to implementation and enforcement of this bill.

SUPPORT: (Verified 9/1/15)

American Civil Liberties Union of California

American Federation of State, County and Municipal Employees

California Applicants’ Attorneys Association

California Conference Board of the Amalgamated Transit Union

California Conference of Machinists

California Employment Lawyers Association

California Federation of Teachers, AFL-CIO

California Labor Federation, AFL-CIO

California Partnership to End Domestic Violence

California Rural Legal Assistance Foundation

California School Employees Association

California Teachers Association

California Teamsters Public Affairs Council

California Women’s Law Center

Child Care Law Center

Consumer Attorneys of California

County of Santa Cruz Board of Supervisors

Disability Rights California

Disability Rights Legal Center

Engineers & Scientists of California

Glendale City Employees Association

International Longshore & Warehouse Union

Legal Aid Society-Employment Law Center

National Association of Social Workers - California Chapter

National Council of Jewish Women California

Organization of SMUD Employees

Professional & Technical Engineers

Roots of Change

San Bernardino Public Employees Association

San Diego County Court Employees Association

San Francisco Breastfeeding Promotion Coalition

San Luis Obispo County Employees Association

UNITE HERE, AFL-CIO

Utility Workers Union of America

OPPOSITION: (Verified 9/1/15)

None received

ARGUMENTS IN SUPPORT: According to the author, most children live in households where all parents work, and one-third of families with children are headed by single parents. Yet, many parents risk losing their jobs when they face a child care emergency; or, cannot have time off to engage in child care or school selection. The author argues that existing law does not provide sufficient protections leading to parents being forced to choose between their job and whether to enroll/provide for the welfare and education of their child. SB 579 allows parents to use their paid sick days to care for a child during a child care or school emergency, and to take job-protected time off from work to find (and enroll) child care or school for their children. This bill also amends the “kin care” law to more closely align with the Healthy Workplaces Healthy Families Act by allowing parents to use their sick days to take their family members to a preventative health appointment. The author argues that this bill does not increase the amount of time off parents are entitled to under these laws, but rather expands the permitted use of those laws to cover child care emergencies and enrollment.

Proponents argue that parents need assurance they will not lose their job when they must leave work to attend to the well-being of their child. They believe that by allowing working parents to take time-off for these important reasons, the Legislature will strengthen its support for working mothers and fathers by helping them keep their jobs while fulfilling their parental obligations. Proponents argue that this bill also benefits employers by strengthening employee morale and job retention for working parents.

ASSEMBLY FLOOR: 77-0, 9/1/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Brough, Beth Gaines, Harper

Prepared by: Alma Perez / L. & I.R. / (916) 651-1556

9/1/15 21:12:34

**** END ****

SENATE THIRD READING

STR Bill Id:SB 579

Author:(Jackson)

As Amended Ver:July 16, 2015

Majority vote

SENATE VOTE: 38-1

SUMMARY: Expands the authorized reasons for which an employee can take job-protected time off from work under the Family School Partnership Act and specified "kin care" sick leave provisions of existing law. Specifically, this bill:

1. Expands the currently authorized reasons for which an employee may take job-protected time off work without the fear of discrimination or discharge under the Family School Partnership Act to allow workers to take time off to a) find, enroll, or reenroll his or her child in a school of with a licensed child care provider, and b) to address a child care provider or school emergency, as defined.

2. Defines "child care provider or school emergency" to mean that an employee's child cannot remain in school or with a child care provider due to one of the following:

   1. The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider.

   2. Behavioral or discipline problems.

   3. Closure of unexpected unavailability of the school or child care provider, excluding planned holidays.

   4. A natural disaster, including, but not limited to, fire, earthquake or flood.

3. Revises provisions of existing "kin care" law to be consistent with the provisions under recent paid sick days legislation to clarify that "family member" includes the individuals already covered in existing law and that the worker can take sick leave for the reasons currently specified in law.

4. Prohibits an employer from denying sick leave or discriminating against an employee for attending to an illness or the preventive care of a family member.

FISCAL EFFECT: According to the Assembly Appropriations Committee, the Department of Industrial Relations indicates minor/absorbable costs related to implementation and enforcement of this bill.

COMMENTS: Existing law allows workers the ability to take time off to participate in activities of the school or licensed child day care facility of his/her child; however, this time must be either unpaid or taken using a vacation, personal leave, or compensatory time off. Existing law allows workers to use, beginning in July of this year, paid sick days for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee's family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling). However, the author and proponents of this bill believe that more flexibility is needed in the use of both the time off to attend to child care or school activities and the new paid sick day's law.

According to the author, most children live in households where all parents work, and one-third of families with children are headed by single parents. Yet, many parents risk losing their jobs when they face a child care emergency; or, cannot have time off to engage in child care or school selection. The author argues that existing law does not provide sufficient protections leading to parents being forced to choose between their job and whether to enroll/provide for the welfare and education of their child. This bill allows parents to use leave to care for a child during a child care or school emergency, and to take job-protected time off from work to find (and enroll) child care or school for their children. This bill also amends the Kin Care law to more closely align with the Healthy Workplaces Healthy Families Act by allowing parents to use their sick days to take their family members to a preventative health appointment. The author argues that this bill does not increase the amount of time off parents are entitled to under these laws, but rather expands the permitted use of those laws to cover child care emergencies and enrollment.

Supporters argue that parents need assurance they will not lose their job when they must leave work to attend to the well-being of their child. They believe that by allowing working parents to take time-off for these important reasons, the Legislature will strengthen its support for working mothers and fathers by helping them keep their jobs while fulfilling their parental obligations. Supporters argue that this bill also benefits employers by strengthening employee morale and job retention for working parents.

There is no opposition on file.

Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091 FN: 0001368

Date of Hearing: August 19, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

SBPCA Bill Id:SB 579

Author:(Jackson) – As Amended Ver:July 16, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill expands the reasons an employee can take job-protected time off from work under the Family School Partnership Act and specified "kin care" sick leave provisions of existing law. Specifically, this bill:

1. Expands the law to allow workers to take time off to: (a) find, enroll, or reenroll his or her child in a school of with a licensed child care provider; and (b) to address a child care provider or school emergency, as defined.

2. Defines "child care provider or school emergency" to mean that an employee's child cannot remain in school or with a child care provider due to one of the following:

   1. The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider.

   2. Behavioral or discipline problems.

   3. Closure of unexpected unavailability of the school or child care provider, excluding planned holidays.

   4. A natural disaster, including, but not limited to, fire, earthquake or flood.

3. Revises provisions of the existing "kin care" law to be consistent with the provisions under recent paid sick days legislation to clarify that "family member" includes a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in place of a parent to a child. Further clarifies that the worker can take sick leave for the reasons currently specified in law.

4. Prohibits an employer from denying sick leave or discriminating against an employee for attending to an illness or the preventive care of a family member.

FISCAL EFFECT:

The Department of Industrial Relations indicates minor/absorbable costs related to implementation and enforcement of this bill.

COMMENTS:

1. Background. The California School Partnership Act allows parents, grandparents, and guardians to take up to 40 hours per year to participate in their children's school or child care activities. The law is applicable to employers with 25 or more employees. Employees can use existing vacation, personal leave, compensatory time off or take unpaid leave for these purposes.

Current law, also known as "Kin Care” authorizes employees to use up to one-half of the sick leave that they accrue annually, to take time off to care for a sick family member. Employees do not receive additional sick leave under Kin Care. Instead, sick leave taken under Kin Care is protected and may not be “counted against” or used as a basis for disciplining an employee for absenteeism, for example.

The Healthy Workplaces Healthy Families Act provides, as of July 1, 2015, an employee who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days at the rate of not less than one hour per every 30 hours worked (to be taken after the 90th day of employment). The Act allows workers to use paid sick days for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling) or specified purposes, as defined, for an employee who is a victim of domestic violence, sexual assault, or stalking.

2. Purpose. This bill amends the California School Partnership Act to allow parents to use leave to care for a child during a child care or school emergency, and to take job-protected time off from work to find (and enroll) child care or school for their children.

This bill also amends the Kin Care law to more closely align with the Healthy Workplaces Healthy Families Act by allowing parents to use their sick days to take their family members to a preventative health appointment.

This bill does not increase the amount of time off parents are entitled to under these laws, but rather expands the permitted use of those laws to cover child care emergencies and enrollment.

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: June 24, 2015

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Roger Hernández, Chair

SBPCA Bill Id:SB 579

Author:(Jackson) – As Amended Ver:June 2, 2015

SENATE VOTE: 38-1

SUBJECT: Employees: time off.

SUMMARY: Expands the authorized reasons for which an employee can take job-protected time off from work under the Family School Partnership Act and specified "kin care" sick leave provisions of existing law. Specifically, this bill:

1. Expands the currently authorized reasons for which an employee may take job-protected time off work without the fear of discrimination or discharge under the Family School Partnership Act to allow workers to take time off to (a) find, enroll, or reenroll his or her child in a school of with a licensed child care provider, and (b) to address a child care provider or school emergency, as defined.

2. Defines "child care provider or school emergency" to mean that an employee's child cannot remain in school or with a child care provider due to one of the following:

   1. The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider.

   2. Behavioral or discipline problems.

   3. Closure of unexpected unavailability of the school or child care provider, excluding planned holidays.

   4. A natural disaster, including, but not limited to, fire, earthquake or flood.

3. Revises provisions of existing "kin care" law to be consistent with the provisions under recent paid sick days legislation to clarify that "family member" includes the individuals already covered in existing law and that the worker can take sick leave for the reasons currently specified in law.

4. Prohibits an employer from denying sick leave or discriminating against an employee for attending to an illness or the preventive care of a family member.

EXISTING LAW:

1. Prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking up to 40 hours each year of time off (not exceeding eight hours in any calendar month of the year), to participate in activities of the school or licensed child day care facility of any of his or her children. (Labor Code §230.8)

2. Requires the employee, prior to taking the time off, to give reasonable notice to the employer of the planned absence of the employee.

3. Requires an employee to provide documentation regarding these activities upon request by an employer.

4. Requires the employee to utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence.

5. Authorizes the employee to utilize time off without pay for this purpose, to the extent available by his/her employer.

6. Provides remedies to employees discharged, demoted, or in any other manner discriminated against as a result of his/her exercise of this right.

7. Provides that starting on July 1, 2015, an employee who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days at the rate of not less than one hour per every 30 hours worked (to be taken after the 90th day of employment).

8. Allows employers to limit the use of paid sick days to 24 hours or three days per year.

9. Requires, upon the oral or written request of an employee, an employer to provide paid sick days for:

1. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling).

2. For specified purposes, as defined, for an employee who is a victim of domestic violence, sexual assault, or stalking.

10. Prohibits an employer from denying an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of the law, cooperating in an investigation or prosecution of an alleged violation of the law, or opposing any policy or practice or act that is prohibited by the law.

11. Requires an employer to permit an employee to use half of the employee’s accrued and available sick leave entitlement to attend to the illness of a child, parent, spouse, or domestic partner of the employee and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: According to the Institute for Women’s Policy Research, parents who used paid sick days were much less likely than other workers to use it for their own health, with more than half taking time to care for their children. Mothers were particularly likely to use paid sick days to care for their children and particularly unlikely to use it for their own health needs. Additionally, the study found that one in ten parents reported using paid sick days to care for both a child and an older relative. (IWPR, “San Francisco’s Paid Sick Leave Ordinance: Outcomes for Employers and Employees,” February 2011) The Institute for Women’s Policy Research concluded that these findings suggest that many employees make trade-offs when using paid sick days and tend to use this time to care for others, perhaps using less time for their own health needs.

Existing law allows workers the ability to take time off to participate in activities of the school or licensed child day care facility of his/her child; however, this time must be either unpaid or taken using a vacation, personal leave, or compensatory time off. Existing law allows workers to use, beginning in July of this year, paid sick days for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling). However, the author and proponents of this bill believe that more flexibility is needed in the use of both the time off to attend to child care or school activities and the new paid sick day’s law.

According to the author, most children live in households where all parents work, and one-third of families with children are headed by single parents. Yet, many parents risk losing their jobs when they face a child care emergency; or, cannot have time off to engage in child care or school selection. The author argues that existing law does not provide sufficient protections leading to parents being forced to choose between their job and whether to enroll/provide for the welfare and education of their child. This bill allows parents to use leave to care for a child during a child care or school emergency, and to take job-protected time off from work to find (and enroll) child care or school for their children. This bill also amends the Kin Care law to more closely align with the Healthy Workplaces Healthy Families Act by allowing parents to use their sick days to take their family members to a preventative health appointment. The author argues that this bill does not increase the amount of time off parents are entitled to under these laws, but rather expands the permitted use of those laws to cover child care emergencies and enrollment.

Supporters argue that parents need assurance they will not lose their job when they must leave work to attend to the well-being of their child. They believe that by allowing working parents to take time-off for these important reasons, the Legislature will strengthen its support for working mothers and fathers by helping them keep their jobs while fulfilling their parental obligations. Supporters argue that this bill also benefits employers by strengthening employee morale and job retention for working parents.

REGISTERED SUPPORT / OPPOSITION:

Support

American Federation of State, County and Municipal Employees

California Applicants’ Attorneys Association

California Conference Board of the Amalgamated Transit Union

California Conference of Machinists

California Employment Lawyers Association

California Federation of Teachers, AFL-CIO

California Labor Federation, AFL-CIO

California Partnership to End Domestic Violence

California Rural Legal Assistance Foundation

California School Employees Association

California Teamsters Public Affairs Council

California Women’s Law Center

Child Care Law Center

Consumer Attorneys of California

County of Santa Cruz Board of Supervisors

Disability Rights Legal Center

Engineers & Scientists of California

Glendale City Employees Association

International Longshore & Warehouse Union

Legal Aid Society-Employment Law Center

National Association of Social Workers - California Chapter

National Council of Jewish Women California

Organization of SMUD Employees

Professional & Technical Engineers

Roots of Change

San Bernardino Public Employees Association

San Diego County Court Employees Association

San Francisco Breastfeeding Promotion Coalition

San Luis Obispo County Employees Association

UNITE HERE, AFL-CIO

Utility Workers Union of America

Opposition

None on file.

Analysis Prepared by: Ben Ebbink / L. & E. / (916) 319-2091

 THIRD READING  

Bill No: SB 579

Author: Jackson (D)

Amended: 6/2/15

Vote: 21

SENATE LABOR & IND. REL. COMMITTEE: 4-1, 4/22/15

AYES: Mendoza, Jackson, Leno, Mitchell

NOES: Stone

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Employees: time off

SOURCE: Author

DIGEST: This bill expands on the currently authorized reasons for which an employee can take job-protected time off of work without the fear of discrimination or discharge under the Family School Partnership Act by allowing workers to take time off work to 1) find, enroll, or reenroll his or her child in a school or with a licensed child care provider, and 2) to address a child care provider or school emergency, as defined.

Senate Floor Amendments of 6/2/15 revise the approach of this bill in reaching the same outcome. Instead of making changes to four different sections of the Labor Code, the amendments expand on the provisions of the Family School Partnership Act (existing law) to make it consistent with the provisions found in the Healthy Workplaces, Healthy Families Act of 2014 (existing law which provides for paid sick days) and to additionally allow a family member to take time off of work to 1) enroll, or reenroll his or her child in a school with a licensed child care provider, and 2) to address a child care provider or school emergency, if the employee gives notice to the employer. The amendments further clarify what activities are acceptable for taking the time off by defining what “child care provider or school emergency” means. The amendments also specify that “family member” includes the individuals already covered in existing law to be consistent with the Healthy Workplaces, Healthy Families Act of 2014 (paid sick days). The amendments also delete all changes previously being made to the Healthy Workplaces, Healthy Families Act of 2014 (Labor Code §245.5 and 246.5) that were no longer necessary with these amendments and remove a provision which would have allowed for the use of paid sick leave for these purposes.

ANALYSIS:

Existing law:

Family School Partnership Act

1. Prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking up to 40 hours each year of time off (not exceeding eight hours in any calendar month of the year), to participate in activities of the school or licensed child day care facility of any of his or her children. (Labor Code §230.8)

2. Requires the employee, prior to taking the time off, to give reasonable notice to the employer of the planned absence of the employee.

3. Requires an employee to provide documentation regarding these activities upon request by an employer.

4. Requires the employee to utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence.

5. Authorizes the employee to utilize time off without pay for this purpose, to the extent available by his/her employer.

6. Provides remedies to employees discharged, demoted, or in any other manner discriminated against as a result of his/her exercise of this right.

Healthy Workplaces, Healthy Families Act of 2014

7. Provides that starting on July 1, 2015, an employee who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days at the rate of not less than one hour per every 30 hours worked (to be taken after the 90th day of employment).

8. Allows employers to limit the use of paid sick days to 24 hours or three days per year.

9. Requires, upon the oral or written request of an employee, an employer to provide paid sick days for:

1. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling).

2. For specified purposes, as defined, for an employee who is a victim of domestic violence, sexual assault, or stalking.

10. Prohibits an employer from denying an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.

Kin Care law

11. Requires an employer to permit an employee to use the employee’s accrued and available sick leave entitlement to attend to the illness of a child, parent, spouse, or domestic partner of the employee and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness.

This bill:

1. Expands on the currently authorized reasons for which an employee can take job-protected time off of work without the fear of discrimination or discharge under the Family School Partnership Act by allowing workers to take time off work to a) find, enroll, or reenroll his or her child in a school or with a licensed child care provider, and b) to address a child care provider or school emergency, as defined.

2. Specifies that “child care provider or school emergency” means that an employee’s child cannot remain in a school or with a child care provider due to one of the following:

1. The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider.

2. Behavioral or discipline problems.

3. Closure or unexpected unavailability of the school or child care provider, excluding planned holidays.

4. A natural disaster, including, but not limited to, fire, earthquake, or flood.

3. Revises the Kin Care provisions in existing law to be consistent with the provisions in existing law under the Healthy Workplaces, Healthy Families Act of 2014 (paid sick days). Specifically, to clarify that “family member” includes the individuals already covered in existing law and that the worker can take paid sick days for the reasons currently specified in law.

Background

According to the Institute for Women’s Policy Research, parents who used paid sick days were much less likely than other workers to use it for their own health, with more than half taking time to care for their children. Mothers were particularly likely to use paid sick days to care for their children and particularly unlikely to use it for their own health needs. Additionally, the study found that one in ten parents reported using paid sick days to care for both a child and an older relative. (IWPR, “San Francisco’s Paid Sick Leave Ordinance: Outcomes for Employers and Employees,” February 2011) The Institute for Women’s Policy Research concluded that these findings suggest that many employees make trade-offs when using paid sick days and tend to use this time to care for others, perhaps using less time for their own health needs.

Existing law allows workers the ability to take time off to participate in activities of the school or licensed child day care facility of his/her child; however, this time must be either unpaid or taken using a vacation, personal leave, or compensatory time off. Existing law allows workers to use, beginning in July of this year, paid sick days for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling). However, the author and proponents of this bill believe that more flexibility is needed in the use of both the time off to attend to child care or school activities and the new paid sick day’s law.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 6/3/15)

California Applicants’ Attorneys Association

California Conference Board of the Amalgamated Transit Union

California Conference of Machinists

California Employment Lawyers Association

California Federation of Teachers, AFL-CIO

California Labor Federation, AFL-CIO

California Partnership to End Domestic Violence

California Rural Legal Assistance Foundation

California School Employees Association

California Teamsters Public Affairs Council

California Women’s Law Center

Child Care Law Center

Consumer Attorneys of California

County of Santa Cruz Board of Supervisors

Disability Rights Legal Center

Engineers & Scientists of California

Glendale City Employees Association

International Longshore & Warehouse Union

Legal Aid Society-Employment Law Center

National Association of Social Workers - California Chapter

National Council of Jewish Women California

Organization of SMUD Employees

Professional & Technical Engineers

Roots of Change

San Bernardino Public Employees Association

San Diego County Court Employees Association

San Francisco Breastfeeding Promotion Coalition

San Luis Obispo County Employees Association

UNITE HERE, AFL-CIO

Utility Workers Union of America

OPPOSITION: (Verified 6/3/15)

None received

ARGUMENTS IN SUPPORT: According to the author, most children live in households where all parents work, and one-third of families with children are headed by single parents. Yet, many parents risk losing their jobs when they face a child care emergency; or, cannot have time off to engage in child care or school selection. The author argues that existing law does not provide sufficient protections leading to parents being forced to choose between their job and whether to enroll/provide for the welfare and education of their child. SB 579 allows parents to use their paid sick days to care for a child during a child care or school emergency, and to take job-protected time off from work to find (and enroll) child care or school for their children. This bill also amends the Kin Care law to more closely align with the Healthy Workplaces Healthy Families Act by allowing parents to use their sick days to take their family members to a preventative health appointment. The author argues that this bill does not increase the amount of time off parents are entitled to under these laws, but rather expands the permitted use of those laws to cover child care emergencies and enrollment.

Proponents argue that parents need assurance they will not lose their job when they must leave work to attend to the well-being of their child. They believe that by allowing working parents to take time-off for these important reasons, the Legislature will strengthen its support for working mothers and fathers by helping them keep their jobs while fulfilling their parental obligations. Proponents argue that this bill also benefits employers by strengthening employee morale and job retention for working parents.

Prepared by: Alma Perez / L. & I.R. / (916) 651-1556

6/3/15 17:11:37

**** END ****

 THIRD READING 

Bill No: SB 579

Author: Jackson (D)

Amended: 4/15/15

Vote: 21

SENATE LABOR & IND. REL. COMMITTEE: 4-1, 4/22/15

AYES: Mendoza, Jackson, Leno, Mitchell

NOES: Stone

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Employees: time off

SOURCE: Child Care Law Center

Legal Aid Society-Employment Law Center

DIGEST: This bill expands on the currently authorized reasons for which an employee can take job-protected time off of work without the fear of discrimination or discharge by 1) allowing workers to use their paid sick days to care for a child during a child care or school emergency (which may include behavioral or discipline problems with a child, closure of the facility, a disaster or extreme weather condition); and 2) allowing workers to take job-protected time off from work to find child care or school for their children and to enroll them.

ANALYSIS:

Existing law, under the Family School Partnership Act:

1. Prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking up to 40 hours each year of time off (not exceeding eight hours in any calendar month of the year), to participate in activities of the school or licensed child day care facility of any of his/her children. (Labor Code §230.8)

2. Requires the employee, prior to taking the time off, to give reasonable notice to the employer of the planned absence of the employee.

3. Requires an employee to provide documentation regarding these activities upon request by an employer.

4. Requires the employee to utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence.

5. Authorizes the employee to utilize time off without pay for this purpose, to the extent available by his/her employer.

6. Provides remedies to employees discharged, demoted, or in any other manner discriminated against as a result of his/her exercise of this right.

Existing law, under the Healthy Workplaces, Healthy Families Act of 2014:

7. States that starting on July 1, 2015, an employee who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days at the rate of not less than one hour per every 30 hours worked (to be taken after the 90^th day of employment).

8. Allows employers to limit the use of paid sick days to 24 hours or 3 days per year.

9. Requires, upon the oral or written request of an employee, an employer to provide paid sick days for:

1. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling).
   
   

2. For specified purposes, as defined, for an employee who is a victim of domestic violence, sexual assault, or stalking.

10. Prohibits an employer from denying an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.

Existing law, under the Kin Care law:

11. Requires an employer to permit an employee to use the employee’s accrued and available sick leave entitlement to attend to the illness of a child, parent, spouse, or domestic partner of the employee and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness.

This bill expands on the currently authorized reasons for which an employee can take job-protected time off of work without the fear of discrimination or discharge. Specifically, this bill:

1. Authorizes employees to take time off (whether unpaid or paid using vacation or other compensated leave) to find, enroll, or reenroll his/her child in a school or a licensed day care facility.

2. Authorizes employees to use paid sick days to address a child care or school emergency.

3. Defines “child care or school emergency” to mean that an employee’s child cannot remain in a school or child care facility due to one of the following:

• Illness of, or injury to, the child.

• Behavioral or discipline problems.

• Closure of the facility.

• A disaster or extreme weather condition, including, but not limited to, fire, earthquake, or flood.

4. Aligns Kin Care law with the provisions in the new Paid Sick Days law that authorizes the use of sick leave to attend to any preventative care needs of the worker’s child, parent, spouse, or domestic partner.

Background

According to the Institute for Women’s Policy Research (IWPR), parents who used paid sick days were much less likely than other workers to use it for their own health, with more than half taking time to care for their children. Mothers were particularly likely to use paid sick days to care for their children and particularly unlikely to use it for their own health needs. Additionally, the study found that one in 10 parents reported using paid sick days to care for both a child and an older relative. (IWPR, “San Francisco’s Paid Sick Leave Ordinance: Outcomes for Employers and Employees,” February 2011) The IWPR concluded that these findings suggest that many employees make trade-offs when using paid sick days and tend to use this time to care for others, perhaps using less time for their own health needs.

Existing law allows workers the ability to take time off to participate in activities of the school or licensed child day care facility of his/her child; however, this time must be either unpaid or taken using a vacation, personal leave, or compensatory time off. Existing law allows workers to use, beginning in July of this year, paid sick days for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling). However, the author and proponents of this bill believe that more flexibility is needed in the use of both the time off to attend to child care or school activities and the new paid sick day’s law.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 4/22/15)

Child Care Law Center (co-source)

Legal Aid Society-Employment Law Center (co-source)

California Applicants’ Attorneys Association

California Conference Board of the Amalgamated Transit Union

California Conference of Machinists

California Employment Lawyers Association

California Federation of Teachers, AFL-CIO

California Labor Federation, AFL-CIO

California Partnership to End Domestic Violence

California Rural Legal Assistance Foundation

California School Employees Association

California Teamsters Public Affairs Council

California Women’s Law Center

Consumer Attorneys of California

County of Santa Cruz Board of Supervisors

Disability Rights Legal Center

Engineers & Scientists of California

Glendale City Employees Association

International Longshore & Warehouse Union

National Association of Social Workers - California Chapter

National Council of Jewish Women California

Organization of SMUD Employees

Professional & Technical Engineers

Roots of Change

San Bernardino Public Employees Association

San Diego County Court Employees Association

San Francisco Breastfeeding Promotion Coalition

San Luis Obispo County Employees Association

UNITE HERE, AFL-CIO

Utility Workers Union of America

OPPOSITION: (Verified 5/7/15)

California Association for Health Services at Home

California Chamber of Commerce

California Farm Bureau Federation

California League of Food Processors

California Manufacturers and Technology Association

California Professional Association of Specialty Contractors

California Restaurant Association

California State Association of Counties

National Federation of Independent Business

Western Growers Association

ARGUMENTS IN SUPPORT: According to the author, most children live in households where all parents work, and one-third of families with children are headed by single parents. Yet, many parents risk losing their jobs when they face a child care emergency; or, cannot have time off to engage in child care or school selection. The author argues that current law does not provide sufficient protections leading to parents being forced to choose between their job and whether to enroll/provide for the welfare and education of their child. SB 579 allows parents to use their paid sick days to care for a child during a child care or school emergency, and to take job-protected time off from work to find (and enroll) child care or school for their children. This bill also amends the Kin Care law to more closely align with the Healthy Workplaces, Healthy Families Act by allowing parents to use their sick days to take their family members to a preventative health appointment. The author argues that this bill does not increase the amount of time off parents are entitled to under these laws, but rather expands the permitted use of those laws to cover child care emergencies and enrollment.

Proponents argue that parents need assurance they will not lose their job when they must leave work to attend to the well-being of their child. They believe that by allowing working parents to take time-off for these important reasons, the Legislature will strengthen its support for working mothers and fathers by helping them keep their jobs while fulfilling their parental obligations. Proponents argue that this bill also benefits employers by strengthening employee morale and job retention for working parents.

ARGUMENTS IN OPPOSITION: According to opponents, this bill expands the paid sick leave law, which has yet to go into effect, to also cover events that have no relation to an employee’s illness, or preventative care, or the illness or preventative care of a family member. Specifically, this bill expands the conditions under which an employee can utilize paid sick leave to include “child care or school emergency,” defined as discipline or behavioral problems, closure of the facility, a disaster, or extreme weather conditions. Opponents argue that these listed events are completely unrelated to medical care or an illness of an employee or their family member, and is inconsistent with the intent of the paid sick leave law, which was to provide employees with an opportunity to attend to their health needs and the health needs of their family.

Furthermore, opponents argue that utilizing paid sick leave for conditions and events that are completely unrelated to illness or medical care, begins to change the nature of the leave to resemble paid time off or vacation leave, which is a significant concern to the business community. Unused accrued paid time off and vacation as opposed to unused, accrued paid sick leave are considered wages that are due at the time of separation, given the ability for an employee to utilize that leave for events other than limited purposes. Moreover, they argue, California already provides employees with 40 hours of protected school activities leave, for a parent, guardian, or grandparent of a child, to participate in “school activities.” This includes children at licensed child day care facilities, and would likely include several of the events this bill seeks to include under the paid sick leave law.

Prepared by: Alma Perez / L. & I.R. / (916) 651-1556

5/7/15 8:49:28

**** END ****

 THIRD READING  

Bill No: SB 579

Author: Jackson (D)

Amended: 4/15/15

Vote: 21

SENATE LABOR & IND. REL. COMMITTEE: 4-1, 4/22/15

AYES: Mendoza, Jackson, Leno, Mitchell

NOES: Stone

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Employees: time off

SOURCE: Child Care Law Center

Legal Aid Society-Employment Law Center

DIGEST: This bill expands on the currently authorized reasons for which an employee can take job-protected time off of work without the fear of discrimination or discharge by 1) allowing workers to use their paid sick days to care for a child during a child care or school emergency (which may include behavioral or discipline problems with a child, closure of the facility, a disaster or extreme weather condition); and 2) allowing workers to take job-protected time off from work to find child care or school for their children and to enroll them.

ANALYSIS:

Existing law, under the Family School Partnership Act:

1. Prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking up to 40 hours each year of time off (not exceeding eight hours in any calendar month of the year), to participate in activities of the school or licensed child day care facility of any of his/her children. (Labor Code §230.8)

2. Requires the employee, prior to taking the time off, to give reasonable notice to the employer of the planned absence of the employee.

3. Requires an employee to provide documentation regarding these activities upon request by an employer.

4. Requires the employee to utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence.

5. Authorizes the employee to utilize time off without pay for this purpose, to the extent available by his/her employer.

6. Provides remedies to employees discharged, demoted, or in any other manner discriminated against as a result of his/her exercise of this right.

Existing law, under the Healthy Workplaces, Healthy Families Act of 2014:

7. States that starting on July 1, 2015, an employee who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days at the rate of not less than one hour per every 30 hours worked (to be taken after the 90^th day of employment).

8. Allows employers to limit the use of paid sick days to 24 hours or 3 days per year.

9. Requires, upon the oral or written request of an employee, an employer to provide paid sick days for:

1. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling).
   
   

2. For specified purposes, as defined, for an employee who is a victim of domestic violence, sexual assault, or stalking.

10. Prohibits an employer from denying an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.

Existing law, under the Kin Care law:

11. Requires an employer to permit an employee to use the employee’s accrued and available sick leave entitlement to attend to the illness of a child, parent, spouse, or domestic partner of the employee and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness.

This bill expands on the currently authorized reasons for which an employee can take job-protected time off of work without the fear of discrimination or discharge. Specifically, this bill:

1. Authorizes employees to take time off (whether unpaid or paid using vacation or other compensated leave) to find, enroll, or reenroll his/her child in a school or a licensed day care facility.

2. Authorizes employees to use paid sick days to address a child care or school emergency.

3. Defines “child care or school emergency” to mean that an employee’s child cannot remain in a school or child care facility due to one of the following:

• Illness of, or injury to, the child.

• Behavioral or discipline problems.

• Closure of the facility.

• A disaster or extreme weather condition, including, but not limited to, fire, earthquake, or flood.

4. Aligns Kin Care law with the provisions in the new Paid Sick Days law that authorizes the use of sick leave to attend to any preventative care needs of the worker’s child, parent, spouse, or domestic partner.

Background

According to the Institute for Women’s Policy Research (IWPR), parents who used paid sick days were much less likely than other workers to use it for their own health, with more than half taking time to care for their children. Mothers were particularly likely to use paid sick days to care for their children and particularly unlikely to use it for their own health needs. Additionally, the study found that one in 10 parents reported using paid sick days to care for both a child and an older relative. (IWPR, “San Francisco’s Paid Sick Leave Ordinance: Outcomes for Employers and Employees,” February 2011) The IWPR concluded that these findings suggest that many employees make trade-offs when using paid sick days and tend to use this time to care for others, perhaps using less time for their own health needs.

Existing law allows workers the ability to take time off to participate in activities of the school or licensed child day care facility of his/her child; however, this time must be either unpaid or taken using a vacation, personal leave, or compensatory time off. Existing law allows workers to use, beginning in July of this year, paid sick days for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling). However, the author and proponents of this bill believe that more flexibility is needed in the use of both the time off to attend to child care or school activities and the new paid sick day’s law.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 4/22/15)

Child Care Law Center (co-source)

Legal Aid Society-Employment Law Center (co-source)

California Applicants’ Attorneys Association

California Conference Board of the Amalgamated Transit Union

California Conference of Machinists

California Employment Lawyers Association

California Federation of Teachers, AFL-CIO

California Labor Federation, AFL-CIO

California Partnership to End Domestic Violence

California Rural Legal Assistance Foundation

California School Employees Association

California Teamsters Public Affairs Council

California Women’s Law Center

Consumer Attorneys of California

County of Santa Cruz Board of Supervisors

Disability Rights Legal Center

Engineers & Scientists of California

Glendale City Employees Association

International Longshore & Warehouse Union

National Association of Social Workers - California Chapter

National Council of Jewish Women California

Organization of SMUD Employees

Professional & Technical Engineers

Roots of Change

San Bernardino Public Employees Association

San Diego County Court Employees Association

San Francisco Breastfeeding Promotion Coalition

San Luis Obispo County Employees Association

UNITE HERE, AFL-CIO

Utility Workers Union of America

OPPOSITION: (Verified 4/22/15)

California Association for Health Services at Home

California Chamber of Commerce

California League of Food Processors

California Manufacturers and Technology Association

California Professional Association of Specialty Contractors

California Restaurant Association

California State Association of Counties

National Federation of Independent Business

Western Growers Association

ARGUMENTS IN SUPPORT: According to the author, most children live in households where all parents work, and one-third of families with children are headed by single parents. Yet, many parents risk losing their jobs when they face a child care emergency; or, cannot have time off to engage in child care or school selection. The author argues that current law does not provide sufficient protections leading to parents being forced to choose between their job and whether to enroll/provide for the welfare and education of their child. SB 579 allows parents to use their paid sick days to care for a child during a child care or school emergency, and to take job-protected time off from work to find (and enroll) child care or school for their children. This bill also amends the Kin Care law to more closely align with the Healthy Workplaces, Healthy Families Act by allowing parents to use their sick days to take their family members to a preventative health appointment. The author argues that this bill does not increase the amount of time off parents are entitled to under these laws, but rather expands the permitted use of those laws to cover child care emergencies and enrollment.

Proponents argue that parents need assurance they will not lose their job when they must leave work to attend to the well-being of their child. They believe that by allowing working parents to take time-off for these important reasons, the Legislature will strengthen its support for working mothers and fathers by helping them keep their jobs while fulfilling their parental obligations. Proponents argue that this bill also benefits employers by strengthening employee morale and job retention for working parents.

ARGUMENTS IN OPPOSITION: According to opponents, this bill expands the paid sick leave law, which has yet to go into effect, to also cover events that have no relation to an employee’s illness, or preventative care, or the illness or preventative care of a family member. Specifically, this bill expands the conditions under which an employee can utilize paid sick leave to include “child care or school emergency,” defined as discipline or behavioral problems, closure of the facility, a disaster, or extreme weather conditions. Opponents argue that these listed events are completely unrelated to medical care or an illness of an employee or their family member, and is inconsistent with the intent of the paid sick leave law, which was to provide employees with an opportunity to attend to their health needs and the health needs of their family.

Furthermore, opponents argue that utilizing paid sick leave for conditions and events that are completely unrelated to illness or medical care, begins to change the nature of the leave to resemble paid time off or vacation leave, which is a significant concern to the business community. Unused accrued paid time off and vacation as opposed to unused, accrued paid sick leave are considered wages that are due at the time of separation, given the ability for an employee to utilize that leave for events other than limited purposes. Moreover, they argue, California already provides employees with 40 hours of protected school activities leave, for a parent, guardian, or grandparent of a child, to participate in “school activities.” This includes children at licensed child day care facilities, and would likely include several of the events this bill seeks to include under the paid sick leave law.

Prepared by: Alma Perez / L. & I.R. / (916) 651-1556

5/6/15 16:16:28

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SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS

Senator Tony Mendoza, Chair

2015 - 2016 Regular

Bill No: SB 579 Hearing Date: April 22, 2015

Subject: Employees: time off

KEY ISSUES

Should employees be able to take time off of work (whether paid or unpaid) without fear of discrimination or discharge to find, enroll, or reenroll his or her child in a school licensed day care facility?

Should employees be able to use their accrued and available paid sick leave to address child care or school emergencies that may include behavioral or discipline problems with the child, or disasters such as a fire or an earthquake?

ANALYSIS

Existing law, commonly referred to as the Family School Partnership Act, prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking up to 40 hours each year of time off (not exceeding eight hours in any calendar month of the year), to participate in activities of the school or licensed child day care facility of any of his or her children. (Labor Code §230.8)

Among other things, existing law:

1. Requires the employee, prior to taking the time off, to give reasonable notice to the employer of the planned absence of the employee.

2. Requires an employee to provide documentation regarding these activities upon request by an employer.

3. Requires the employee to utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence.

4. Also authorizes the employee to utilize time off without pay for this purpose, to the extent available by his/her employer.

5. Provides remedies to employees discharged, demoted, or in any other manner discriminated against as a result of his/her exercise of this right.

Under the existing Healthy Workplaces, Healthy Families Act of 2014, starting on July 1, 2015, an employee who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days at the rate of not less than one hour per every 30 hours worked.

Among other things, the Act (Labor Code §245-249):

1. Authorizes the use accrued paid sick days beginning on the 90^th day of employment.

2. Allows employers to limit the use of paid sick days to 24 hours or three days per year.

3. Upon the oral or written request of an employee, requires an employer to provide paid sick days for:

   1. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling).

   2. For specified purposes, as defined, for an employee who is a victim of domestic violence, sexual assault, or stalking.

4. Prohibits an employer from denying an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.

Existing law, commonly referred to as the Kin Care law, also requires an employer to permit an employee to use the employee’s accrued and available sick leave entitlement to attend to the illness of a child, parent, spouse, or domestic partner of the employee and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness. (Labor Code §233)

This Bill would expand on the currently authorized reasons for which an employee can take job-protected time off of work without the fear of discrimination or discharge.

Specifically, this bill would:

1. Authorize employees to take time off [whether unpaid or paid using vacation or other compensated leave] to find, enroll, or reenroll his or her child in a school or a licensed day care facility.

2. Authorize employees to use paid sick days to address a child care or school emergency.

3. Define “child care or school emergency” to mean that an employee’s child cannot remain in a school or child care facility due to one of the following:

   • Illness of, or injury to, the child.

   • Behavioral or discipline problems.

   • Closure of the facility.

   • A disaster or extreme weather condition, including, but not limited to, fire, earthquake, or flood.

4. Align Kin Care law with the provisions in the new Paid Sick Days law that authorizes the use of sick leave to attend to any preventative care needs of the worker’s child, parent, spouse, or domestic partner.

COMMENTS

1. Need for this bill?

According to the Institute for Women’s Policy Research, parents who used paid sick days were much less likely than other workers to use it for their own health, with more than half taking time to care for their children. Mothers were particularly likely to use paid sick days to care for their children and particularly unlikely to use it for their own health needs. Additionally, the study found that one in ten parents reported using paid sick days to care for both a child and an older relative. (IWPR, “San Francisco’s Paid Sick Leave Ordinance: Outcomes for Employers and Employees,” February 2011) The Institute for Women’s Policy Research concluded that these findings suggest that many employees make trade-offs when using paid sick days and tend to use this time to care for others, perhaps using less time for their own health needs.

Current law allows workers the ability to take time off to participate in activities of the school or licensed child day care facility of his/her child; however, this time must be either unpaid or taken using a vacation, personal leave, or compensatory time off. Current law allows workers to use, beginning in July of this year, paid sick days for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member (defined as a child, parent, spouse, registered domestic partner, grandparent, grandchild and sibling). However, the author and proponents of this measure believe that more flexibility is needed in the use of both the time off to attend to child care or school activities and the new paid sick day’s law.

This bill would accomplish this flexibility by 1) allowing workers to use their paid sick days to care for a child during a child care or school emergency [which may include behavioral or discipline problems with a child, closure of the facility, a disaster or extreme weather condition]; and 2) allowing workers to take job-protected time off from work to find child care or school for their children and to enroll them.

2. Proponent Arguments:

According to the author, most children live in households where all parents work, and one-third of families with children are headed by single parents. Yet, many parents risk losing their jobs when they face a child care emergency; or, cannot have time off to engage in child care or school selection. The author argues that current law does not provide sufficient protections leading to parents being forced to choose between their job and whether to enroll/provide for the welfare and education of their child. SB 579 allows parents to use their paid sick days to care for a child during a child care or school emergency, and to take job-protected time off from work to find (and enroll) child care or school for their children. The bill also amends the Kin Care law to more closely align with the Healthy Workplaces Healthy Families Act by allowing parents to use their sick days to take their family members to a preventative health appointment. The author argues that the bill does not increase the amount of time off parents are entitled to under these laws, but rather expands the permitted use of those laws to cover child care emergencies and enrollment.

Proponents argue that parents need assurance they will not lose their job when they must leave work to attend to the well-being of their child. They believe that by allowing working parents to take time-off for these important reasons, the Legislature will strengthen its support for working mothers and fathers by helping them keep their jobs while fulfilling their parental obligations. Proponents argue that the bill also benefits employers by strengthening employee morale and job retention for working parents.

3. Opponent Arguments:

According to opponents, this bill would expand the paid sick leave law, which has yet to go into effect, to also cover events that have no relation to an employee’s illness, or preventative care, or the illness or preventative care of a family member. Specifically, this bill expands the conditions under which an employee can utilize paid sick leave to include “child care or school emergency,” defined as discipline or behavioral problems, closure of the facility, a disaster, or extreme weather conditions. Opponents argue that these listed events are completely unrelated to medical care or an illness of an employee or their family member, and is inconsistent with the intent of the paid sick leave law, which was to provide employees with an opportunity to attend to their health needs and the health needs of their family.

Furthermore, opponents argue that utilizing paid sick leave for conditions and events that are completely unrelated to illness or medical care, begins to change the nature of the leave to resemble paid time off or vacation leave, which is a significant concern to the business community. Unused accrued paid time off and vacation as opposed to unused, accrued paid sick leave are considered wages that are due at the time of separation, given the ability for an employee to utilize that leave for events other than limited purposes. Moreover, they argue, California already provides employees with 40 hours of protected school activities leave, for a parent, guardian, or grandparent of a child, to participate in “school activities.” This includes children at licensed child day care facilities, and would likely include several of the events this bill seeks to include under the paid sick leave law.

4. Prior Legislation:

AB 1522 (Gonzalez) of 2014: Chaptered

AB 1522 enacted the Healthy Workplaces, Healthy Families Act of 2014 (discussed above) which requires employers to provide paid sick days to employees who work 30 or more days within a year from commencement of employment.

SUPPORT

Child Care Law Center (Co-Sponsor)

Legal Aid Society-Employment Law Center (Co-Sponsor)

California Applicants’ Attorneys Association

California Employment Lawyers Association

California Federation of Teachers, AFL-CIO

California Conference Board of the Amalgamated Transit Union

California Conference of Machinists

California Labor Federation, AFL-CIO

California Partnership to End Domestic Violence

California Rural Legal Assistance Foundation

California School Employees Association

California Teamsters Public Affairs Council

California Women’s Law Center

Consumer Attorneys of California

County of Santa Cruz Board of Supervisors

Disability Rights Legal Center

Engineers & Scientists of California

Glendale City Employees Association

International Longshore & Warehouse Union

National Association of Social Workers - California Chapter

National Council of Jewish Women California

Organization of SMUD Employees

Professional & Technical Engineers

Roots of Change

San Bernardino Public Employees Association

San Diego County Court Employees Association

San Francisco Breastfeeding Promotion Coalition

San Luis Obispo County Employees Association

UNITE HERE, AFL-CIO

Utility Workers Union of America

OPPOSITION

California Chamber of Commerce

California Association for Health Services at Home

California League of Food Processors

California Manufacturers and Technology Association

California Professional Association of Specialty Contractors

California Restaurant Association

California State Association of Counties

National Federation of Independent Business

Western Growers Association

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