Bill Text: CA AB1906 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pregnant peace officers: duty assignment policy.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Vetoed) 2020-09-30 - Vetoed by Governor. [AB1906 Detail]

Download: California-2019-AB1906-Amended.html

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Amended  IN  Senate  August 20, 2020

Amended  IN  Assembly  March 05, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1906

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Introduced by Assembly Member Salas
(Coauthors: Assembly Members Bauer-Kahan, Quirk-Silva, Luz Rivas, and Rodriguez)
(Coauthor: Senator Grove)

January 08, 2020

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An act to add Section 19885.5 to the Government Code, relating to correctional officers.

LEGISLATIVE COUNSEL'S DIGEST

AB 1906, as amended, Salas. Pregnant correctional officers: duty assignment policy.

Existing law creates the Department of Human Resources, which is headed by the Director of the Department of Human Resources, and commits to the director the duty to the administer and enforce the laws relating to personnel. Pursuant to this authority, the department prescribes rules regarding leave. Existing law creates the Department of Corrections and Rehabilitation and grants it jurisdiction over specified prisons and institutions. Existing law requires an open examination for the position of correctional officer, correctional program supervisor, and other custodial positions that normally afford entry into the department’s service to include a demonstration of the physical ability to effectively carry out the duties and responsibilities of the position, as specified.

This bill would require the Department of Human Resources, in cooperation with the Department of Corrections and Rehabilitation, to establish a policy pursuant to which a pregnant correctional officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The bill would require the policy to include specified elements. The bill would require the Department of Human Resources to complete the policy by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which would be required to adopt it on or before July 1, 2021.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 19885.5 is added to the Government Code, to read:

19885.5.

 (a) The department, in cooperation with the Department of Corrections and Rehabilitation, shall establish a policy pursuant to which a pregnant correctional officer shall be permitted to perform alternate, light duty assignments, subject to a medical certification that establishes the nature of their pregnancy-related limitations. The policy shall include the following elements:

(1) The pregnant correctional officer shall remain in their job classification while working in an alternate, light duty assignment.

(2) The pregnant correctional officer shall not be forced into an alternate, light duty assignment if the officer is physically able to safely perform their current assignment and security is not compromised.

(3) The decision regarding when to commence an alternative, light duty assignment shall be committed primarily to the officer and their physician.

(4) The pregnant correctional officer shall continue to receive normal promotional opportunities and pay increases to the same extent and under the same conditions afforded prior to performing alternate, light duty assignments.

(b) The department shall complete the policy required by subdivision (a) by May 1, 2021, and provide it directly to the Department of Corrections and Rehabilitation, which shall adopt and implement it on or before July 1, 2021.

(c) If this section is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.7, the memorandum of understanding shall control without further legislative action, except that if the provisions of the agreement require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.