Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

SB-63 Unlawful employment practice: parental leave.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 05/26/2017 10:00 AM
SB63:v96#DOCUMENT

Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  April 17, 2017
Amended  IN  Senate  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 63


Introduced by Senator Jackson
(Principal coauthors: Senators Atkins, Leyva, and Skinner)
(Principal coauthors: Assembly Members Friedman, Cristina Garcia, Gonzalez Fletcher, and Limón)
(Coauthor: Senator Wiener)
(Coauthor: Assembly Member Thurmond)

December 22, 2016


An act to add Section 12945.6 to the Government Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 63, as amended, Jackson. Unlawful employment practice: parental leave.
Existing law, the Moore-Brown-Roberti Family Rights Act, makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period (1) for reason of a child born to, adopted by, or placed for foster care with, the employee, (2) to care for the employee’s parent or spouse who has a serious health condition, as defined, or (3) because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job.
Existing law prohibits an employer from refusing to allow a female employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable time of up to 4 months before returning to work. Existing law also prohibits an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes that leave, as specified.
This bill would prohibit an employer, as defined, from refusing to allow an employee with more than 12 months of service with the employer, who has at least 1,250 hours of service with the employer during the previous 12-month period, and who works at a worksite in which the employer employs at least 20 employees within 75 miles, to take up to 12 weeks of parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. The bill would also prohibit an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes this leave. The bill would provide that it would not apply to an employee who is subject to both specified state law regarding family care and medical leave, and the federal Family and Medical Leave Act of 1993. The bill would authorize, but not require, an employer, when 2 employees of this employer are entitled to leave pursuant to this bill for the same birth, adoption, or foster care placement, to grant simultaneous leave to both of these employees.
This bill would also prohibit an employer from refusing to hire, or from discharging, fining, suspending, expelling, or discriminating against, an individual for exercising the right to parental leave provided by this bill or giving information or testimony as to his or her own parental leave, or another person’s parental leave, in an inquiry or proceeding related to rights guaranteed under this bill.
The bill would additionally prohibit an employer from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any right provided under this bill.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known, and may be referred to, as the New Parent Leave Act.

SEC. 2.

 Section 12945.6 is added to the Government Code, to read:

12945.6.
 (a) It shall be an unlawful employment practice for an employer to do any of the following:
(1) Refuse to allow an employee with more than 12 months of service with the employer, who has at least 1,250 hours of service with the employer during the previous 12-month period, and who works at a worksite in which the employer employs at least 20 employees within 75 miles, upon request, to take up to 12 weeks of parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. If, on or before the commencement of this parental leave, the employer does not provide a guarantee of employment in the same or a comparable position upon the termination of the leave, the employer shall be deemed to have refused to allow the leave. The employee shall be entitled to utilize accrued vacation pay, paid sick time, other accrued paid time off, or other paid or unpaid time off negotiated with the employer, during the period of parental leave.
(2) Refuse to maintain and pay for coverage for an eligible employee who takes parental leave pursuant to this section under a group health plan, as defined in Section 5000(b)(1) of the Internal Revenue Code of 1986, for the duration of the leave, not to exceed 12 weeks over the course of a 12-month period, commencing on the date that the parental leave commences, at the level and under the conditions that coverage would have been provided if the employee had continued to work in his or her position for the duration of the leave.
(b) An employee is entitled to take, in addition to the leave provided pursuant to this section, leave provided pursuant to Section 12945 if the employee is otherwise qualified for that leave.
(c) This section shall not apply to an employee who is subject to both Section 12945.2 and the federal Family and Medical Leave Act of 1993.
(d) When two employees are employed by the same employer and are entitled to leave pursuant to this section for the same birth, adoption, or foster care placement, the employer may, but is not required to, grant simultaneous leave to both of these employees.
(e) The basic minimum duration of the leave shall be two weeks. However, an employer may grant a request for additional occasions of leave that last less than two weeks.
(f) Parental leave taken pursuant to this section shall run concurrently to parental leave taken as described in Sections 44977.5, 45196.1, 87780.1, and 88196.1 of the Education Code.
(g) It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, an individual because of either of the following:
(1) An individual’s exercise of the right to parental leave provided by subdivision (a).
(2) An individual’s giving information or testimony as to his or her own parental leave, or another person’s parental leave, in an inquiry or proceeding related to rights guaranteed under this section.
(h) It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
(i) For purposes of this section, employer “employer means either of the following:
(1) A person who directly employs 20 or more persons to perform services for a wage or salary.
(2) The state, and any political or civil subdivision of the state and cities.