GOVERNOR'S VETO

GV Bill Id:AB 372

Author:(Voepel and Gonzalez)

As Enrolled Ver:September 12, 2019

2/3 vote

SUMMARY:

Authorizes a state agency to adopt an Infant at Work Pilot Program to allow an employee who is a new parent or caregiver to bring the infant to the workplace from January 1, 2020, until January 1, 2022, among other provisions.

1. Establishes the Infant at Work Pilot Program, which:
   1. Authorizes a state agency to adopt the program to allow an employee of the agency who is a new parent or caregiver to an infant to bring the infant to work, and requires, if the pilot program is adopted by a state agency, the program to include, but not be limited to, the following elements:
      1. The pilot program must be for infants aged six weeks to six months, inclusive, or until the infant is crawling, whichever is earlier;
      2. The infant must be cleared for participation in the program by a physician and surgeon; and
      3. The parent or caregiver must have the sole responsibility for the safety of the infant at the workplace.
2. Requires a state agency participating in the pilot program to establish a clear process for application and approval to participate in the program, including eligibility requirements and designation of the person or office with responsibility to approve or disapprove an application, and authorizes a state agency to adopt necessary regulations, as determined by the agency, to establish the pilot program.
3. Prohibits a state agency from participating in the pilot program if the work environment is inappropriate for infants, including the safety, health or other concerns regarding the infant, adult, or both.

Governor's Veto Message:

"I recognize the value of this program, which is in line with my commitment to strengthening parent and caregiver bonding during the earliest months of a child's life. As such, an Infant at Work program might be worth exploring, but the bill as written exposes the state to a high level of risk of lawsuits and should be handled administratively or through collective bargaining. Moreover, the timeline stipulated does not provide adequate time to establish a policy and regulations for a program of this magnitude. Therefore, I am directing CalHR to develop a pilot program to implement this concept in a thoughtful manner."

COMMENTS:

Please see the policy committee analysis for a full discussion of this bill.

According to the Author:

"The first year of a child's life is crucial to brain development and growth; it is evident that parent/infant bonding has long-term effects on a person's life. The Infant at Work Pilot Program hopes to create a solution to the challenging elements parents are facing today by encouraging a strong parent/infant bond, easier access to breastfeeding mothers and saving money on the high cost of infant childcare. The Infant at Work Pilot Program is intended to remedy all three."

Arguments in Support:

Generally, supporters state this bill would increase the options available to California parents, which could increase the amount of time that new parents could spend caring for the newborn in the first six months of life and improve health outcomes for the child, while also modeling the policy for other employers across the state.

Arguments in Opposition:

None one file.

FISCAL COMMENTS:

According to the Senate Appropriations Committee, this bill would result in annual costs across the General Fund and several special funds. The magnitude of these costs is unknown, but potentially significant, and would include 1) infrastructure improvements at state owned and leased buildings, 2) the California Department of Human Resources developing the program, drafting regulations and providing guidance to other state departments regarding implementation, 3) resolving potential workplace accidents involving infants, and 4) the cashing out of increased vacation balances for civil servants to the extent that they take less vacation time as a result of this bill than would have occurred on the natural."

VOTES:

ASM PUBLIC EMPLOYMENT AND RETIREMENT: 7-0-0

YES: Rodriguez, Voepel, Levine, Cooley, Cooper, Fong, O'Donnell

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ASSEMBLY FLOOR: 77-0-3

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Cooley, Eduardo Garcia, Patterson

SENATE FLOOR: 40-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

UPDATED:

VERSION: September 12, 2019

CONSULTANT: Michael Bolden / P.E. & R. / (916) 319-3957 FN: 0002498

 THIRD READING  

Bill No: AB 372

Author: Voepel (R) and Gonzalez (D)

Amended: 4/22/19 in Assembly

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 6/19/19

AYES: Hill, Morrell, Jackson, Mitchell, Pan

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/30/19

AYES: Portantino, Bates, Bradford, Durazo, Hill, Jones, Wieckowski

ASSEMBLY FLOOR: 77-0, 5/22/19 - See last page for vote

SUBJECT: State employees: Infant at Work programs

SOURCE: Author

DIGEST:

This bill authorizes state agencies to enter into the Infant at Work Pilot Program, which allows an employee of the participating agency who is a new caregiver or parent to bring their new infant into the workplace.

ANALYSIS:

Existing law:

1. Establishes the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), required to be taken concurrently, which entitle eligible employees who worked 1,250 hours in the prior 12 months under covered employers to:
   1. Take up to 12 workweeks of unpaid, job-protected leave during a 12-month period for the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious health condition of a child of the employee.
   2. Return to work with a guarantee of reinstatement to the same or comparable position upon return.
   3. Continue group health coverage during the duration of the leave under the same terms and conditions as if the employee had not taken the leave.

(Government Code §12945.)

1. Establishes the New Parent Leave Act which prohibits an employer with 20 or more employees in a 75-mile radius to refuse to grant an employee a request to take up to 12 weeks of unpaid leave to bond with a new child within one year of the birth, adoption, or foster care placement of the child if the employee worked 1,250 hours in the prior 12 months.
   1. Specifies that in any case in which both parents entitled to leave are employed by the same employer, the employer is not required to grant leave allowing the parents parental leave that totals more than the 12 weeks. The employer may, but is not required to, grant simultaneous leave to both employees.
   2. Specifies that the New Parent Leave does not apply to an employee who is subject to both CFRA and FMLA (applicable to employers of 50 or more employees).

(Government Code §12945.6)

1. Establishes the State Disability Insurance (SDI) program as a partial wage-replacement plan funded through employee payroll deductions that is available [through the Disability Insurance and Paid Family Leave (PFL) programs] to eligible individuals who are unable to work due to sickness or injury of the employee (including pregnancy), the sickness or injury of a family member, or the birth, adoption, or foster care placement of a new child. Specifically, this leave entitles employee to:
   1. Up to six weeks of wage replacement benefits.
   2. PFL provides wage replacement equal to one-seventh of the employee’s weekly benefit amount for each full day during which the individual is unable to work, a wage replacement of approximately 60-70 percent depending on income.
   3. PFL does not provide job protection or return to work rights nor does it require employers to provide continued group health coverage during the leave.

(Unemployment Insurance Codes §2655 and §3301)

1. Establishes Pregnancy Disability Leave (PDL), under the Fair Employment and Housing Act, requires private employers with five or more employees and public employers to provide up to four months of unpaid, job-protected leave for pregnancy, childbirth or related conditions. Specifically allows employees to:
   1. Use accrued vacation and paid sick leave during PDL.
   2. Request reasonable accommodations and be reinstated to the job held before PDL began.
   3. Continue their health coverage during PDL.

(Government Code §12945)

This bill:

1. Establishes the Infant at Work Pilot Program, which allows a participating state agency to allow an employee who is a new parent or caregiver to an infant to bring the infant to the workplace.
2. Specifies that:
   1. The pilot program shall be for infants from six weeks of age to six months of age, inclusive, or until the infant is crawling, whichever is earlier.
   2. An infant must be cleared for participation in the pilot program by a physician and surgeon.
   3. The parent or caregiver has the sole responsibility for the safety of the infant at the workplace.
   4. A state agency participating in the pilot program must establish a clear process for application and approval of an employee to participate in the program, including eligibility requirements and designation of the person or office with the responsibility to approve or disapprove an application.
   5. A state agency is prohibited from participation in the pilot program if the work environment is inappropriate for infants, for safety, health, or other concerns regarding the infant, the adult, or both.
   6. The pilot program shall be operative from January 1, 2020, until January 1, 2022.

Background

1. Early Infant Bonding

There is significant research that asserts the importance of parental bonding in the early stages of infancy. According to a paper published in the London Journal of Primary Care, during early infancy “Repeated interactions and communication lead to [neural] pathways being laid down that help memories and relationships form and learning and logic to develop.” In short, early parental bonding is crucial to the long-term mental and physical well-being of infants. At the same time, the Office of the Surgeon General emphasizes employment concerns as one of the major barriers new mothers’ ability to breastfeed and bond with infants.

1. Infant at Work Programs in Other States

Infant at Work programs have proven to be successful in other states. The Washington Department of Health established a program that allowed new parents or guardians to bring in their infants while they were between the ages of six weeks and six months of age. The program began in July of 2015 and, as of October of 2018, 75 infants have been successfully graduated. The Arizona Department of Health Services began an infant at work program in 2016. On the Department Web site it is noted that “At no cost to the state, our program has hosted close to 200 babies. We’ve witnessed a positive boost to employee morale as our babies and coworkers enjoy having a baby in the office.” This bill creates a pilot program that, if effective, could provide state entities with the ability to mitigate barriers to important early parent bonding and could serve as a model to other industries.

Comments

Need for this bill? According to the author: “An Economic Policy Institute Report in 2017 shows over 6.2 million families in California are unable to afford infant care. The report found that the average annual cost of infant care is over $11,000 compared to the average California college tuition which is about $8,900 annually for in-state public tuition, making infant care significantly more expensive. More importantly, the most vital stage of brain development is during infancy. A loving, nurturing bond between an infant and caregiver has been proven to have long term effects on developing healthy relationships throughout life and may be significantly impaired if a bond with the primary caregiver is not established during infancy.”

Related/Prior Legislation

AB 2481 (Voepel, 2018) would have authorized a state agency, as defined, to adopt an Infant at Work program to allow an employee of the agency who is a new parent or caregiver to an infant to bring the infant to the workplace. The bill was held in the Senate Appropriations Committee.

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

According to the Senate Appropriations Committee, this bill would result in annual costs across the General Fund and several special funds. The magnitude of these costs is unknown, but potentially significant, and would include (1) infrastructure improvements at state owned and leased buildings, (2) the California Department of Human Resources developing the program, drafting regulations and providing guidance to other state departments regarding implementation, (3) resolving potential workplace accidents involving infants, and (4) the cashing out of increased vacation balances for civil servants to the extent that they take less vacation time as a result of this bill than would have occurred on the natural.”

SUPPORT: (Verified 8/29/19)

American Academy of Pediatrics, California

California Association of Professional Scientists

First 5 California

Orange County Auditor-Controller, Eric H. Woolery

Professional Engineers in California Government

OPPOSITION: (Verified 8/29/19)

None received

ARGUMENTS IN SUPPORT: The American Academy of Pediatrics, California writes in support:

Current law establishes new parents’ or caregivers’ rights to up to 12 weeks of leave in the year following the birth, adoption or foster care placement of a child, allowing many parents to spend valuable time with their child in the early stages of infant development. Extensive research has shown this time to be beneficial to the lifelong health and well-being of children. After 12 weeks have concluded, however, many parents must find childcare for their infant if they wish to remain in their job. This deprives the infant of the parent’s presence during a critical developmental phase, while the high cost of childcare reduces the likelihood that the infant will be breastfed.

AB 372 would increase the options available to California parents by authorizing California state agencies to adopt an Infant at Work program… this could increase the amount of time that new parents could spend caring for the newborn in the first six months of life and improve health outcomes for the child, while also modeling the policy for other employers across the state.

ASSEMBLY FLOOR: 77-0, 5/22/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Cooley, Eduardo Garcia, Patterson

Prepared by: Jake Ferrera / L., P.E. & R. / (916) 651-1556

9/1/19 10:50:16

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 372 (Voepel) - State employees: Infant at Work programs

Bill Summary:

AB 372 would authorize state agencies to enter into the Infant at Work Pilot Program, which allows an employee of the participating agency who is a new caregiver or parent to bring their new infant into the workplace.

Fiscal Impact:

This bill would result in annual costs across the General Fund and several special funds. The magnitude of these costs is unknown, but potentially significant, and would include (1) infrastructure improvements at state owned and leased buildings, (2) the California Department of Human Resources (CalHR) developing the program, drafting regulations and providing guidance to other state departments regarding implementation, (3) resolving potential workplace accidents involving infants, and (4) the cashing out of increased vacation balances for civil servants to the extent that they take less vacation time as a result of the bill than would have occurred on the natural.

Background:

Current law requires a state employer to grant non-excluded state employees an unpaid leave of absence up to one year for the purposes of pregnancy, childbirth, or recovery from childbirth for permanent female employees. After the employee has notified the employer as to the period of leave required, any change shall not be effective until approved by the employer. If existing law conflicts with the provisions of a memorandum of understanding (MOU), the MOU supersedes.

Other Western states have Infant at Work programs that allow parents or legal guardians to bring their infants into the office. Specifically, the Arizona Department of Health Services developed an Infant at Work program in 2009, permitting some parents to bring their infants to work. Other Arizona state entities subsequently adopted similar programs, and over 250 infants have participated across ten Arizona state agencies. Likewise, the state of Washington’s Department of Health’s pilot program permits participants to bring infants between the age of six weeks and six months. As of early June, 2018, over seventy infants have participated in the program.

Proposed Law:

This bill would, among other things do the following:

• Establish, from January 1, 2020, until January 1, 2022, the Infant at Work Pilot Program, which allows a participating state agency to allow an employee who is a new parent or caregiver to an infant to bring the infant to the workplace.
• Specify the following:
  • The pilot program shall be for infants from six weeks of age to six months of age, inclusive, or until the infant is crawling, whichever is earlier.
  • An infant must be cleared for participation in the pilot program by a physician and surgeon.
  • The parent or caregiver has the sole responsibility for the safety of the infant at the workplace.
  • A state agency participating in the pilot program must establish a clear process for application and approval of an employee to participate in the program, including eligibility requirements and designation of the person or office with the responsibility to approve or disapprove an application.
  • A state agency is prohibited from participation in the pilot program if the work environment is inappropriate for infants, for safety, health, or other concerns regarding the infant, the adult, or both.

Related Legislation:

• AB 2481 (Voepel, 2018) would have authorized a state agency, as defined, to adopt an Infant at Work program to allow an employee of the agency who is a new parent or caregiver to an infant to bring the infant to the workplace. The bill was held under submission on the Suspense File of this Committee.
• SB 63 (Jackson, Chapter 686, Statutes of 2017), requires public and private employers, as defined, to allow an eligible employee to take up to 12 weeks of job protected parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. Employers are also prohibited from refusing to maintain and pay for the employee’s group health coverage during the duration of the leave. Additionally, the bill creates a parental leave mediation pilot program until January 1, 2020 to cover specified provisions.

Staff Comments:

As noted above, the major cost drivers for this bill are infrastructure improvements to equip state buildings to accommodate infants (such as baby-proofing), drafting regulations, the aftermath of workplace accidents involving infants, and fiscal stress to state department budgets resulting from additional employee unused leave credits, which would ultimately be cashed out. The precise cost is unknown, but would minimally be in the hundreds of thousands of dollars.

-- END --

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Jerry Hill, Chair

2019 - 2020 Regular

Bill No: AB 372 Hearing Date: June 19, 2019

SUBJECT: State employees: Infant at Work programs

KEY ISSUE

Should the Legislature authorize state agencies to enter into the Infant at Work Pilot Program, which allows an employee of the participating agency who is a new caregiver or parent to bring their new infant into the workplace?

ANALYSIS

Existing law:

1. Establishes the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), required to be taken concurrently, which entitle eligible employees who worked 1,250 hours in the prior 12 months under covered employers to:
2. Take up to 12 workweeks of unpaid, job-protected leave during a 12-month period for the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious health condition of a child of the employee.
3. Return to work with a guarantee of reinstatement to the same or comparable position upon return.
4. Continue group health coverage during the duration of the leave under the same terms and conditions as if the employee had not taken the leave.

(Government Code §12945.2)

1. Establishes the New Parent Leave Act which prohibits an employer with 20 or more employees in a 75-mile radius to refuse to grant an employee a request to take up to 12 weeks of unpaid leave to bond with a new child within one year of the birth, adoption, or foster care placement of the child if the employee worked 1,250 hours in the prior 12 months.
2. Specifies that in any case in which both parents entitled to leave are employed by the same employer, the employer is not required to grant leave allowing the parents parental leave that totals more than the 12 weeks. The employer may, but is not required to, grant simultaneous leave to both employees.
3. Specifies that the New Parent Leave does not apply to an employee who is subject to both CFRA and FMLA (applicable to employers of 50 or more employees).

(Government Code §12945.6)

1. Establishes the State Disability Insurance (SDI) program as a partial wage-replacement plan funded through employee payroll deductions that is available [through the Disability Insurance and Paid Family Leave (PFL) programs] to eligible individuals who are unable to work due to sickness or injury of the employee (including pregnancy), the sickness or injury of a family member, or the birth, adoption, or foster care placement of a new child. Specifically, this leave entitles employee to:
2. Up to 6 weeks of wage replacement benefits.
3. PFL provides wage replacement equal to one-seventh of the employee’s weekly benefit amount for each full day during which the individual is unable to work, a wage replacement of approximately 60-70 percent depending on income.
4. PFL does not provide job protection or return to work rights nor does it require employers to provide continued group health coverage during the leave.

(Unemployment Insurance Codes §2655 and §3301)

1. Establishes Pregnancy Disability Leave (PDL), under the Fair Employment and Housing Act, requires private employers with five or more employees and public employers to provide up to four months of unpaid, job-protected leave for pregnancy, childbirth or related conditions. Specifically allows employees to:
2. Use accrued vacation and paid sick leave during PDL.
3. Request reasonable accommodations and be reinstated to the job held before PDL began.
4. Continue their health coverage during PDL.

(Government Code §12945)

This bill:

1. Establishes the Infant at Work Pilot Program, which allows a participating state agency to allow an employee who is a new parent or caregiver to an infant to bring the infant to the workplace.
2. Specifies that:
3. The pilot program shall be for infants from six weeks of age to six months of age, inclusive, or until the infant is crawling, whichever is earlier.
4. An infant must be cleared for participation in the pilot program by a physician and surgeon.
5. The parent or caregiver has the sole responsibility for the safety of the infant at the workplace.
6. A state agency participating in the pilot program must establish a clear process for application and approval of an employee to participate in the program, including eligibility requirements and designation of the person or office with the responsibility to approve or disapprove an application.
7. A state agency is prohibited from participation in the pilot program if the work environment is inappropriate for infants, for safety, health, or other concerns regarding the infant, the adult, or both.
8. The pilot program shall be operative from January 1, 2020, until January 1, 2022.

COMMENTS

1. Need for this bill?

According to the author:

“An Economic Policy Institute Report in 2017 shows over 6.2 million families in California are unable to afford infant care. The report found that the average annual cost of infant care is over $11,000 compared to the average California college tuition which is about $8,900 annually for in-state public tuition, making infant care significantly more expensive.

More importantly, the most vital stage of brain development is during infancy. A loving, nurturing bond between an infant and caregiver has been proven to have long term effects on developing healthy relationships throughout life and may be significantly impaired if a bond with the primary caregiver is not established during infancy.”

1. Background
2. Early Infant Bonding

There is significant research that asserts the importance of parental bonding in the early stages of infancy. According to a paper published in the London Journal of Primary Care, during early infancy “Repeated interactions and communication lead to [neural] pathways being laid down that help memories and relationships form and learning and logic to develop.” In short, early parental bonding is crucial to the long-term mental and physical well-being of infants. At the same time, the Office of the Surgeon General emphasizes employment concerns as one of the major barriers new mothers’ ability to breastfeed and bond with infants.

1. Infant at Work Programs in Other States

Infant at Work programs have proven to be successful in other states. The Washington Department of Health established a program that allowed new parents or guardians to bring in their infants while they were between the ages of 6 weeks and 6 months of age. The program began in July of 2015 and, as of October of 2018, 75 infants have been successfully graduated. The Arizona Department of Health Services began an infant at work program in 2016. On the Department website it is noted that “At no cost to the state, our program has hosted close to 200 babies. We’ve witnessed a positive boost to employee morale as our babies and coworkers enjoy having a baby in the office.” This bill would create a pilot program that, if effective, could provide state entities with the ability to mitigate barriers to important early parent bonding and could serve as a model to other industries.

2. Proponent Arguments

The American Academy of Pediatrics writes in support:

“Current law establishes new parents’ or caregivers’ rights to up to 12 weeks of leave in the year following the birth, adoption or foster care placement of a child, allowing many parents to spend valuable time with their child in the early stages of infant development. Extensive research has shown this time to be beneficial to the lifelong health and well-being of children. After 12 weeks have concluded, however, many parents must find childcare for their infant if they wish to remain in their job. This deprives the infant of the parent’s presence during a critical developmental phase, while the high cost of childcare reduces the likelihood that the infant will be breastfed.

AB 372 would increase the options available to California parents by authorizing California state agencies to adopt an Infant at Work program… this could increase the amount of time that new parents could spend caring for the newborn in the first six months of life and improve health outcomes for the child, while also modeling the policy for other employers across the state.”

3. Opponent Arguments:

None received.

4. Prior Legislation:

AB 2481 (Voepel) of 2018, Held in Senate Appropriations Committee – would have authorized a state agency, as defined, to adopt an Infant at Work program to allow an employee of the agency who is a new parent or caregiver to an infant to bring the infant to the workplace. 

SUPPORT

California Association of Professional Scientists

American Academy of Pediatrics, California

Eric H. Woolery, Orange County Auditor-Controller

First 5 California

Professional Engineers in California Government

OPPOSITION

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 372

Author:(Voepel)

As Amended Ver:April 22, 2019

Majority vote

SUMMARY:

Authorizes a state agency to adopt an Infant at Work Pilot Program to allow an employee who is a new parent or caregiver to bring the infant to the workplace from January 1, 2020, until January 1, 2022, among other provisions.

Major Provisions

1. Establishes the Infant at Work Pilot Program, which:
   1. Authorizes a state agency to adopt the program to allow an employee of the agency who is a new parent or caregiver to an infant to bring the infant to work, and requires, if the pilot program is adopted by a state agency, the program to include, but not be limited to, the following elements:
      1. The pilot program must be for infants aged six weeks to six months, inclusive, or until the infant is crawling, whichever is earlier;
      2. The infant must be cleared for participation in the program by a physician and surgeon; and
      3. The parent or caregiver must have the sole responsibility for the safety of the infant at the workplace.
2. Requires a state agency participating in the pilot program to establish a clear process for application and approval to participate in the program, including eligibility requirements and designation of the person or office with responsibility to approve or disapprove an application, and authorizes a state agency to adopt necessary regulations, as determined by the agency, to establish the pilot program.
3. Prohibits a state agency from participating in the pilot program if the work environment is inappropriate for infants, including the safety, health or other concerns regarding the infant, adult, or both.

COMMENTS:

Please see the policy committee analysis for a full discussion of this bill.

According to the Author:

"The first year of a child's life is crucial to brain development and growth; it is evident that parent/infant bonding has long-term effects on a person's life. The Infant at Work Pilot Program hopes to create a solution to the challenging elements parents are facing today by encouraging a strong parent/infant bond, easier access to breastfeeding mothers and saving money on the high cost of infant childcare. The Infant at Work Pilot Program is intended to remedy all three."

Arguments in Support:

Generally, supporters state this bill would increase the options available to California parents, which could increase the amount of time that new parents could spend caring for the newborn in the first six months of life and improve health outcomes for the child, while also modeling the policy for other employers across the state.

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, this bill would result in the following:

1. General Fund costs in excess of $150,000 for the California Department of Human Resources (CalHR) to develop a standardized program that state agencies may adopt. Having CalHR meet and confer with employee organizations and develop a boilerplate program is likely the most affordable way to implement this bill.
2. Unknown costs to state agencies participating in the program. Costs would ultimately be determined by program design, the available physical space and the number of employees participating.

VOTES:

ASM PUBLIC EMPLOYMENT AND RETIREMENT: 7-0-0

YES: Rodriguez, Voepel, Levine, Cooley, Cooper, Fong, O'Donnell

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

UPDATED:

VERSION: April 22, 2019

CONSULTANT: Michael Bolden / P.E. & R. / (916) 319-3957 FN: 0000477

Date of Hearing: May 1, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 372

Author:(Voepel) – As Amended Ver:April 22, 2019

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

SUMMARY:

This bill authorizes a state agency to adopt an Infant at Work pilot program (Program) to allow new parents or caregivers to bring an infant to the workplace. The Program, if adopted by a state agency, must be for infants aged six weeks to six months or until the infant is crawling and must establish a clear process for participation. The Program is only available to state agencies that have a safe and appropriate work environment. It will end on January 1, 2022.

FISCAL EFFECT:

1. General Fund costs in excess of $150,000 for the California Department of Human Resources (CalHR) to develop a standardized Program that state agencies may adopt. Having CalHR meet and confer with employee organizations and develop a boilerplate Program is likely the most affordable way to implement this bill.
2. Unknown costs to state agencies participating in the Program. Costs would ultimately be determined by Program design, the available physical space and the number of employees participating.

COMMENTS:

1. Purpose. According to the author, AB 372 will encourage a strong bond between infants and their parents while helping families cope with the high cost of child care. Supporters argue allowing parents to bring their infants into the office encourages a productive workforce through improved morale.
2. Arizona program. In 2009, the Arizona Department of Health Services (ADHS) developed an Infant at Work Program that allow some parents to bring their infants into the office. Since then, other Arizona state agencies have developed similar programs. According to Arizona’s governor, the public health benefits of this program have included empowering new mothers to come back to work sooner and allowing babies more time to bond with their caregiver.
3. Recent legislation. AB 372 is substantively similar to AB 2481 (Voepel), which was held on Senate Appropriation Committee’s suspense file.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: April 24, 2019

ASSEMBLY COMMITTEE ON PUBLIC EMPLOYMENT AND RETIREMENT

Freddie Rodriguez, Chair

ABPCA Bill Id:AB 372 (

Author:Voepel) – As Amended Ver:April 22, 2019

SUBJECT: State employees: Infant at Work programs

SUMMARY: Authorizes a state agency, as defined, to adopt an Infant at Work pilot program to allow an employee who is a new parent or caregiver and to bring the infant to the workplace between January 1, 2020, until January 1, 2022, among other provisions. Specifically, this bill:

1. Expresses legislative intent relating to the benefits of bonding time between new parents and infants and makes legislative findings and declarations for this purpose.
2. Establishes the Infant at Work Pilot Program which:
3. Authorizes a state agency to adopt an Infant at Work pilot program, as specified, to allow an employee of the agency who is a new parent or caregiver to an infant to bring the infant to work.
4. Requires, if the pilot program is adopted by a state agency, the program to include, but not be limited to, the following elements:
5. The pilot program must be for infants aged six weeks to six months, inclusive, or until the infant is crawling, whichever is earlier;
6. The infant must be cleared for participation in the program by a physician and surgeon; and,
7. The parent or caregiver must have the sole responsibility for the safety of the infant at the workplace.
8. Requires a state agency participating in the pilot program to establish a clear process for application and approval to participate in the program, including eligibility requirements and designation of the person or office with responsibility to approve or disapprove an application.

4) Authorizes a state agency to adopt necessary regulations, as determined by the agency, to establish the pilot program, as specified.

5) Prohibits a state agency from participating in the pilot program if the work environment is inappropriate for infants, including the safety, health or other concerns regarding the infant, adult, or both.

6) Makes these provisions operative from January 1, 2020, until January 1, 2022.

EXISTING LAW:

1) Establishes several programs relating to time off or leave from employment to care for, or bond with, a child. These include, but are not limited to, vacation, sick days, New Parent Leave Act, Paid Family Leave, federal Family Medical Leave Act, and Pregnancy Disability Leave.

The several aforementioned programs available to employees vary regarding eligibility, employer, paid or unpaid leave, maximum permitted duration of leave, employment protection, medical certification, and other requirements and obligations. Additional and specific information regarding several of these programs can be found on the website of the California Department of Fair Employment and Housing.^[1]

2) Requires, for nonexcluded state employees, as defined, a state employer to grant a leave of absence without pay for the purposes of pregnancy, childbirth, or recovery from childbirth, for up to one year for permanent female employees.

In addition, if the employee notifies the employer of a need to change the length of the period, the leave is not effective unless the employer has approved; and, if existing law is in conflict with the provisions of a memorandum of understanding (MOU), the MOU is controlling, as specified.

3) Provides, for state excluded employees, as specified, the same rights for a leave of absence without pay for the same purposes, and requires the state employer to grant the request for a leave of absence by a male spouse who is a permanent state employee or parent, for up to one year without compensation, to care for the newborn child. Similar to those for nonexcluded employees, a change in the length of time of the leave of absence is not effective unless it is has been approved by the employer.

4) Permits a state employer to grant a permanent employee’s request for a leave of absence for up to one year, without pay, for the adoption of a child. A change in the length of time of the leave of absence is not effective unless it has been approved by the employer.

5) Permits a state employee to request a paid leave of absence for other purposes including, but not limited to, taking a civil service examination during working hours, or providing service in a technical cooperation program, or nonprofit organization. A leave of absence for these other purposes may be with or without compensation, as specified.

FISCAL EFFECT: Unknown. This bill is flagged fiscal by Legislative Counsel.

COMMENTS: According to the author, “[t]he first year of a child’s life is crucial to brain development and growth; it is evident that parent/infant bonding has long term effects on a person’s life. The Infant at Work program hopes to create a solution to the challenging elements parents are facing today by encouraging a strong parent/infant bond, easier access to breastfeeding mothers, and saving money on the high cost of infant childcare. The Infant at Work program is intended to remedy all three.”

Additional information provided by the author states that “California is ranked in the top 10 of least affordable states for infant care. Data from a 2015 Childcare Aware America Report found that in comparison to California’s median income, a married couple spends roughly 14.5 percent of their income annually on infant care and single parents spend nearly 45 percent of their annual income. Federal guidelines suggest child care should consume no more than 10 percent of a family’s income.

‘An Economic Policy Institute Report in 2017 shows over 6.2 million families in California are unable to afford infant care. The report found that the average annual cost of infant care is over $11,000, [when] compared to the average California college tuition which is about $8,900 annually for in-state public tuition, making infant care significantly more expensive.

‘More importantly, the most vital stage of brain development is during infancy. A loving, nurturing bond between an infant and caregiver has been proven to have long term effects on developing healthy relationships throughout life and may be significantly impaired if a bond with the primary caregiver is not established during infancy.”

1. Examples of Infant at Work Programs in Other States

Several states, (e.g., Arizona, Kansas, Nevada, and Washington), have established an Infant at Work program, and several key provisions in Assembly Bill (AB) 372 are similarly modeled after those programs. Implementation of the program in these states, and particularly, by the number of state agencies in those states, varies from a single agency to multiple agencies.

Claimed benefits of the program, particularly in Arizona, in which the Arizona Department of Health Services has hosted 200 babies, and Washington, in which 75 infants have participated in the program as of October 2018, include productive parents returning to work with their infants sooner; the importance of breastfeeding; infants become ill less often and who are able to bond with a caregiver; parents learn how, and are able, to timely respond to the needs of an infant; participating parents are able to save on childcare costs while in the program; and infants in the workplace boost morale among employees.

While the aforementioned claimed benefits of the program among these several states are available, as of this writing, these claims may be, in some instances, anecdotal. In addition, substantiated data regarding any potential unintended consequences, challenges regarding implementation, or negative reactions and attributes associated with these programs by employees not participating in the program, are unknown.

For some states that have opted to establish this program, they do not offer paid family leave, while in others, paid family leave laws do not cover public employees.

1. Whether an Infant at Work Pilot Program Would Augment or Supplant Existing Forms of Parental Leave?

Providing another opportunity for the parent of a newborn child to bond with the infant is a laudable goal. While other programs are available as briefly mentioned under “Existing Law,” this proposal may be viewed as augmenting these programs to permit additional time and opportunity for purposes of bonding. This option may provide a benefit to new parents, new single-parent employees, including those without a network of support, and provide savings to a new parent or parents, when compared to the costs of childcare.

Conversely, this proposal may also be viewed as supplanting existing parental leave programs that permit time off and detachment from work to provide dedicated personal time for bonding with a new infant. In addition, this proposal may be viewed as a “slippery slope” that potentially could erode existing parental leave programs by shifting the priority of the state employer and a new parent to, instead of using dedicated personal time off and detachment from work to bond, return to work sooner rather than later, while providing bonding time in the workplace.

While permitting an increase in time to bond with a new infant and by permitting an employee to bring an infant to work for these purposes, the employee will continue to be required to satisfactorily perform the duties as prescribed by the employer, which may affect the quality of parental bonding time with the new infant.

1. Balancing Employer, Employee, and Parental Interests: Workplace Disruption – Infants will be Infants

This proposal requires that the parent or caregiver must have sole responsibility for the safety of the infant at the workplace; permits agencies to adopt regulations necessary to establish the program; and, provides a prohibition for state agencies to adopt the program when considering certain factors stated therein.

State agencies may adopt regulations regarding the program; establish such regulations to ensure continuity of operations, performance of duties by employees and the new parent-employee; and, minimize disruption in the workplace. However, as a practical matter for implementation and operations, this may present a significant challenge with regard to balancing the interests of opportunity and rights prescribed by this proposal for a new parent, and the obligation of state agencies and their employees to provide a public service uninterrupted or affected by an infant or infants in the workplace who, naturally, may disrupt the workplace environment.

1. Suggestions to the Author for Consideration

Provided that this proposal advances beyond this committee, and while the following suggestions may potentially assist with, or have an effect on, costs, matters directly related to the costs of legislation are not within the jurisdiction of this policy committee. As headlined, each of the following are suggestions for consideration by the author, if desired.

• 1. Consider State Employee Collective Bargaining Agreements

The author may also wish to consider including a provision that permits an employer and recognized employee organization to negotiate aspects of the program, or participation therein, for purposes of a memorandum of understanding (MOU), and in which if adopted in an MOU, the provisions of the MOU are controlling.

Such a provision would be consistent with state employee MOUs relating to various activities, programs or benefits, including those that may be ancillary.

• 1. Include Reporting Elements and Requirements to Evaluate the Efficacy of the Program

Regardless as to whether the program is implemented as pilot, the author may wish to consider including a reporting requirement by each agency that adopts participation in the program.

Suggested reporting elements for consideration to determine the efficacy and costs of the program should include the following:

1. The number of employee participants for the agency or agencies adopting the program and the number of infants that were brought to work for the program.
2. The positive and negative attributes of the program in relation to the effects on the work environment – both of which may be confidentially obtained from employees by the human resources division or department of each agency and thereafter, provided to, and compiled by, the California Department of Human Resources (CalHR) for purposes of reporting.
3. The number of new parents participating in the program in lieu of existing parental leave programs.
4. Any direct and indirect costs associated with adopting the program adopted by a participating agency or agencies.
5. A requirement that the report, as compiled by CalHR, be made publicly available and submitted to the Legislature.
6. Comments by Supporters

The American Academy of Pediatrics states that, “[this bill] would increase the options available to California parents… which could increase the amount of time that new parents could spend caring for the newborn in the first six months of life and improve health outcomes for the child, while also modeling the policy for other employers across the state.”

The California Association of Professional Scientists states that “AB 372 will help to alleviate the burden of cost-prohibitive childcare facing parents and caregivers by allowing infants, ages six weeks to six months, to come to work with their parent or caregiver working in a specified state department by expanding options to parents and may encourage employees to come back to work before the end of parental leave.”  

6) Prior/Related Legislation

Assembly Bill 2481 (Voepel, 2018) was substantially similar to the current measure, but proposed as a pilot program with a sunset date of January 1, 2020. This bill was held in the Senate Appropriations Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics, California

California Association of Professional Scientists

Orange County Auditor-Controller

Professional Engineers in California Government

Opposition

None on file

Analysis Prepared by: Michael Bolden / P.E. & R. / (916) 319-3957

1. https://www.dfeh.ca.gov/resources/frequently-asked-questions/employment-faqs/pregnancy-disability-leave-faqs/pdl-cfra-fmla-guide/ ↑