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AB-2481 State employees: Infant at Work programs. (2017-2018)

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Date Published: 04/10/2018 09:00 PM
AB2481:v98#DOCUMENT

Revised  May 25, 2018
Amended  IN  Assembly  April 10, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2481


Introduced by Assembly Member Voepel Members Voepel and Gonzalez Fletcher
(Coauthors: Assembly Members Acosta, Baker, Eduardo Garcia, and Waldron)
(Coauthor: Senator Newman)

February 14, 2018


An act to add and repeal Chapter 2.7 (commencing with Section 19991.20) of Part 2.6 of Division 5 of Title 2 of the Government Code, relating to state employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 2481, as amended, Voepel. State employees: Infant at Work programs.
Existing law establishes various employment protections to promote parent-infant bonds and infant health. The Moore-Brown-Roberti Family Rights Act, or California 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 to care for a child born to, adopted by, or placed for foster care with, the employee. The New Parent Leave Act prohibits an employer, as defined, from refusing to allow eligible employees 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. Other existing law requires both public and private employers to provide accommodations for maternal lactation, including a reasonable amount of break time to employees desiring to express breast milk and a reasonable effort to provide the employee use of a room or other location in close proximity to the employees’ work area for that purpose.
This bill, until January 1, 2020, would authorize 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 would establish certain required elements for such a program. The bill would authorize a state agency to adopt regulations that it determines necessary to establish the program. The bill would prohibit a state agency from adopting the program in circumstances that are inappropriate based on safety, health, or other concerns for the infant or adult, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) It is the intent of the Legislature in enacting this act to improve infant bonding time among new parents, which has been found crucial to both brain development and the long-term health of the child.
(b) The Legislature finds and declares this act promotes the health of infants by supporting breastfeeding, encourages state employees to return to work sooner than they otherwise might, and is community and family friendly.

SEC. 2.

 Chapter 2.7 (commencing with Section 19991.20) is added to Part 2.6 of Division 5 of Title 2 of the Government Code, to read:
CHAPTER  2.7 Infant at Work Programs

19991.20.
 (a) A state agency may adopt an Infant at Work program in accordance with this article to allow an employee of the agency who is a new parent or caregiver to an infant to bring the infant to the workplace.
(b) A program adopted pursuant to subdivision (a) shall include, but is not limited to, the following elements:
(1) The 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 shall be cleared for participation in the program by a physician. physician and surgeon.
(3) The program shall establish a clear process for application and approval to participate in the program, including eligibility requirements and designation of the person or office with the responsibility to approve or disapprove an application.
(4) The parent or caregiver shall have the sole responsibility for the safety of the infant at the workplace.
(c) A state agency may adopt regulations that it determines necessary to establish the program in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3.
(d) A state agency shall not adopt the program if the work environment is inappropriate for infants, for safety, health, or other concerns regarding the infant, the adult, or both.

19991.21.
 This article chapter shall remain in effect only until January 1, 2020, and as of that date is repealed.

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REVISIONS:
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