California Legislation to Watch
AB 59 – Family and Medical Leave
In California today, the Moore-Brown-Roberti Family Rights Act makes it illegal for employers to refuse to allow an eligible employee to take up to 12 weeks of unpaid leave (i) to bond with a new child, (ii) to care for a parent, spouse, or child who has a serious health condition, or (iii) because they are suffering from a serious health condition rendering them unable to perform their job. However, the law defines “child” or “parent” very narrowly, and doesn’t include care for family members who fall outside these definitions.
Assembly Bill 59 would expand the circumstances under which an employee may take leave under the Family Rights Act in three ways. First, it would eliminate the age and dependency elements from the definition of “child” so that employees may take leave to care for an independent adult child suffering from a serious health condition. Second, it would expand the definition of “parent” to include parents-in-law. Third, it seeks to allow employees to take leave to care for a seriously ill grandparent, sibling, grandchild, or domestic partner.
Read CWLC’s Letter of Support for AB 59.
For more information, read the text of AB 59.
AB 400 – Paid Sick Days
Assembly Bill 400 would guarantee to all California workers the right to earn paid sick days to care for themselves or a sick family member, or to take leave related to domestic violence or sexual assault. Nearly 6 million California workers have ZERO paid sick days. This bill would have a significant impact on women workers in California, who provide the vast majority of care for sick children and family members and often face discrimination for taking time off to provide this care.
Further, approximately 40% of California women are victims of domestic violence at least once in their lives, and current statistics indicate that there is one forcible rape every 56 minutes in California. It is essential that victims of such violence are able to take time off to recover and heal, therefore remaining an effective part of the workforce. AB 400 would guarantee these women the right to that physically- and mentally- necessary time off.
Read CWLC’s Letter of Support for AB 400.
For more information, read the text of AB 400.
AB 804 – Paid Family Leave
California’s Paid Family Leave (PDL) program is funded entirely by worker contributions and provides up to 6 weeks of partial wage replacement to workers who take leave to bond with a new child or care for a seriously ill family member. Unfortunately, many workers caring for a seriously ill family member lack access to the program because of PDL’s narrow definition of family.
No one should have to choose between a paycheck and a sick family member. AB 804 would expand the PDL and allow workers to receive partial wage replacement when they must miss work to care fore seriously ill siblings, grandparents, grandchildren, and parents-in-law.
Read CWLC’s Letter of Support for AB 804.
For more information, read the text of AB 804.
SB 299 – Ensuring Continued Health Insurance for Pregnant Workers
Co-sponsored by Equal Rights Advocates (ERA) and the California Commission on the Status of Women, SP 299 would amend California’s Pregnancy Disability Leave Act (PDL) to guarantee the continuation of employer-provided health insurance coverage for women on pregnancy disability leave.
Currently, PDL does not require employers to provide health insurance coverage to employees while they are on pregnancy leave. This gap means many women are forced to pay out-of-pocket costs for health coverage, and may delay or cut short their leave to obtain coverage. SB 299 would require employers to continue providing health reinsurance coverage to employees who take pregnancy leave.
Read CWLC’s Letter of Support for SB 299.
For more information, read the proposed text of SB 299.
Ballot Initiative 10-0025 – Parental Notification Before Minor’s Abortion
Initiative 10-0025 would change the California Constitution to prohibit abortions for unemancipated minors until a physician notifies their parent or legal guardian in writing. 10-0025 contains exceptions for medical emergency, parental waiver, or parental abuse documented by notarized statement from law enforcement, protective services, or certain adult relatives. The amendment would permit a judge to waive notice if the minor appears personally in court and proves maturity or waiver is in her best interest. It contains provisions requiring physicians to report specific abortion information to Department of Public Health, and makes physicians liable for violating these provisions for up to 12 years after the abortion.
Initiative 10-0025 has been approved for circulation in California as an initiated constitutional amendment. To earn a spot on the state’s 2012 ballot, sponsors of the initiative must collect 807,615 signatures by July 11, 2011.
Click here to read the text of Initiative 10-0025.
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