Bill Text: CA SB1024 | 2025-2026 | Regular Session | Amended

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Bill Title: Firefighter postpartum and recovery leave.

Sponsorship: Moderate Partisan Bill (Democrat 9-2)

Status: (Engrossed) 2026-08-19 - Ordered to third reading. [SB1024 Detail]

Download: California-2025-SB1024-Amended.html

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Amended  IN  Assembly  August 19, 2026

Amended  IN  Assembly  August 13, 2026

Amended  IN  Senate  May 14, 2026

Amended  IN  Senate  March 16, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 1024

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Introduced by Senator Menjivar
(Principal coauthor: Assembly Member Wicks)
(Coauthors: Senators Cervantes, Pérez, and Richardson)
(Coauthors: Assembly Members Addis, Boerner, Caloza, Castillo, Davies, and Celeste Rodriguez)

February 10, 2026

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An act to add Article 5 (commencing with Section 290) to Chapter 1 of Part 1 of Division 2 of the Labor Chapter 9.6.1 (commencing with Section 3270) to Division 4 of Title 1 of the Government Code, relating to public employment.

LEGISLATIVE COUNSEL'S DIGEST

SB 1024, as amended, Menjivar. Firefighter postpartum and recovery leave.

Existing law, the Healthy Workplaces, Healthy Families Act of 2014, entitles an employee who works in California for the same employer for 30 or more days within a year from the commencement of employment to paid sick days. Under existing law, an employee accrues paid sick days at a rate of not less than one hour per every 30 hours worked, subject to certain use, accrual, and yearly carryover limitations.

This bill would entitle active firefighting members of specified fire departments who, after 20 weeks of gestation, give birth or have a stillbirth or miscarriage to 26 weeks of fully paid postpartum and recovery leave, as provided, if the firefighter has been employed by the fire department for at least 12 months as of the date of the birth, stillbirth, or miscarriage, has at least 1,250 hours of service with the fire department in that 12-month period, and takes the leave continuously. The bill would require the leave to be granted without regard to employment classification and to begin immediately upon the date of the childbirth, stillbirth, or miscarriage. The bill would require a firefighter on postpartum and recovery leave to be compensated require specified fire departments to provide a paid leave of absence of up to 26 weeks to an active firefighting member who requests leave because the firefighter is disabled by pregnancy, childbirth, or a related medical condition, as provided. The bill would apply to an active firefighting member who has at least 1,250 hours of service with the fire department in the 12-month period before the date on which the paid leave begins and would require the leave to be with full pay, except as specified, at the firefighter’s regular rate of pay set forth in a collective bargaining agreement and in accordance with their normal pay schedule and schedule. The bill would require all benefits to continue to accrue during the paid leave, as specified. The bill specified, and would require a firefighter returning from postpartum and recovery the paid leave to be restored to their prior position, as provided. The bill would request a fire department of the University of California to comply with these provisions.

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.

 The Legislature finds and declares all of the following:

(a) The Commission to Recruit Women for the Fire Service was created in 2005 by the California Firefighter Joint Apprenticeship Committee and the goals of the commission include expanding outreach and education to women of all ages about careers in the fire service and ensuring that fire departments reflect the communities that they serve.

(b) While the profession of firefighting presents health and safety hazards for all firefighters, these hazards can present unique health challenges and outcomes for women.

(c) Fire agencies have been working to diversify their workforce, but structural barriers, including inadequate parental leave, have contributed to gender inequity and workforce attrition among firefighters who give birth.

(d) Postpartum recovery is a medical necessity, not a personal convenience, and requires sufficient time free from hazardous duty to protect the health of the firefighter and infant.

(e) Ensuring robust postpartum leave for firefighters improves public safety by reducing injury, preventing premature return to hazardous duty, and strengthening retention in an essential profession.

SEC. 2.

 Chapter 9.6.1 (commencing with Section 3270) is added to Division 4 of Title 1 of the Government Code, to read:

CHAPTER  9.6.1. Firefighter Postpartum and Recovery Leave

3270.

 (a) (1) (A) A fire department shall provide a paid leave of absence of up to 26 weeks to a firefighter who requests leave because the firefighter is disabled by pregnancy, childbirth, or a related medical condition.

(B) As a condition of granting or continuing the paid leave under this section, a fire department may require the firefighter to provide written medical certification from the firefighter’s health care provider documenting that the firefighter requires leave because the firefighter is actually disabled by pregnancy, childbirth, or a related medical condition, and stating the anticipated start date and duration of the leave.

(C) Except as provided in paragraph (2), the leave of absence shall be with full pay, at the firefighter’s regular rate of pay set forth in the applicable collective bargaining agreement and in accordance with their normal pay schedule.

(D) Paid leave under this section shall run concurrently with job-protected leave under paragraph (1) of subdivision (a) of Section 12945 or leave under paragraph (1) of subdivision (m) of Section 12940, or both.

(2) For part-time firefighters, the amount of paid leave per week, subject to a maximum of 26 weeks, shall be calculated in accordance with the both following:

(A) If the part-time firefighter works a fixed number of hours per week, the firefighter shall receive weekly pay for the total number of hours the firefighter is normally scheduled to work for the fire department.

(B) If the part-time firefighter does not work a fixed number of hours per week, the firefighter shall receive weekly pay in an amount equaling the firefighter’s average weekly pay during the six-month period immediately preceding the date that the firefighter began their paid leave.

(3) All benefits, including retirement contributions, seniority, promotional eligibility, and step increases, shall continue to accrue during the paid leave as if the firefighter were actively working. Notwithstanding any other law, a fire department shall maintain group health coverage for a firefighter who takes paid leave under this section for the duration of the paid leave at the same level and under the same conditions that coverage would have been provided if the firefighter had not taken the paid leave.

(4) A fire department shall not require a firefighter to exhaust paid sick leave, vacation, or compensatory leave time before or while taking the paid leave under this section.

(5) Compensation during the paid leave taken under this section shall include retirement fund contributions required of the fire department. The firefighter shall earn full service credit during the paid leave and shall pay member contributions to the retirement fund.

(6) A firefighter returning from paid leave taken under this section shall be restored to their prior position or a position of equivalent rank, pay, schedule, station assignment, and promotional trajectory.

(b) (1) This section applies to an active firefighting member who has at least 1,250 hours of service with the fire department in the 12-month period before the date on which the paid leave begins.

(2) Notwithstanding paragraph (1), there are no eligibility requirements, including minimum hours worked or length of service, before an employee may take unpaid, job-protected leave for a disability due to pregnancy, childbirth, or a related medical condition under paragraph (1) of subdivision (a) of Section 12945.

(c) This section does not preempt or limit any collective bargaining agreement, state law or policy, or local law or policy providing greater rights or benefits.

(d) A fire department may count benefits provided to a firefighter under another law, employer-provided paid leave policy, or disability insurance plan that are payable for the reasons listed in paragraph (1) of subdivision (a), other than vacation, sick, or other compensated leave time, toward the requirements of this section. Full satisfaction of the requirements of this section is met if the fire department ensures that the firefighter receives their full pay during the leave of absence required by this section without a reduction to the firefighter’s vacation, sick, or other compensated leave time balances.

(e) (1) This section applies to active firefighting members of the following fire departments:

(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.

(B) A fire department of the California State University.

(C) The Department of Forestry and Fire Protection.

(D) A county forestry or firefighting department or unit.

(2) A fire department of the University of California is requested to comply with this section.

SECTION 1.

The Legislature finds and declares all of the following:

(a)The Commission to Recruit Women for the Fire Service was created in 2005 by the California Firefighter Joint Apprenticeship Committee and the goals of the commission include expanding outreach and education to women of all ages about careers in the fire service and ensuring that fire departments reflect the communities that they serve.

(b)While the profession of firefighting presents health and safety hazards for all firefighters, these hazards can present unique health challenges and outcomes for women.

(c)Fire agencies have been working to diversify their workforce, but structural barriers, including inadequate parental leave, have contributed to gender inequity and workforce attrition among firefighters who give birth.

(d)Postpartum recovery is a medical necessity, not a personal convenience, and requires sufficient time free from hazardous duty to protect the health of the firefighter and infant.

(e)Ensuring robust postpartum leave for firefighters improves public safety by reducing injury, preventing premature return to hazardous duty, and strengthening retention in an essential profession.

SEC. 2.Article 5 (commencing with Section 290) is added to Chapter 1 of Part 1 of Division 2 of the Labor Code, to read:

5.Firefighter Postpartum and Recovery Leave

290.

(a)(1)This section applies to active firefighting members of all of the following fire departments:

(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.

(B)A fire department of the California State University.

(C)The Department of Forestry and Fire Protection.

(D)A county forestry or firefighting department or unit.

(E)A fire department that serves a United States Department of War installation and who is certified by the United States Department of War as meeting its standards for firefighters.

(F)A fire department that serves a National Aeronautics and Space Administration installation and who adheres to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.

(G)A fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Regulations and is trained on the standards of Section 139.319 of Title 14 of the Federal Code of Regulations.

(2)A fire department of the University of California is requested to comply with this section.

(b)(1)A firefighter who, after 20 weeks of gestation, gives birth or has a stillbirth or miscarriage shall be entitled to 26 weeks of fully paid postpartum and recovery leave if all of the following requirements are met:

(A)The firefighter has been employed by the fire department for at least 12 months as of the date of the birth, stillbirth, or miscarriage.

(B)The firefighter has at least 1,250 hours of service with the fire department in the 12-month period before the date of the childbirth, stillbirth, or miscarriage.

(C)The leave is taken continuously.

(2)The leave shall be granted without regard to employment classification and shall begin immediately upon the date of the childbirth, stillbirth, or miscarriage.

(c)A firefighter on postpartum and recovery leave shall be compensated at the firefighter’s regular rate of pay set forth in a collective bargaining agreement and in accordance with their normal pay schedule.

(d)All benefits, including health coverage, retirement contributions, seniority, promotional eligibility, and step increases, shall continue to accrue during the postpartum and recovery leave as if the firefighter were actively working.

(e)An employing entity shall not require a firefighter to exhaust sick leave, vacation, or compensatory time during the postpartum and recovery leave.

(f)A firefighter returning from postpartum and recovery leave shall be restored to their prior position or a position of equivalent rank, pay, schedule, station assignment, and promotional trajectory.

(g)If an employer pays a firefighter another supplemental benefit for leave that is payable under subdivision (b) and that supplemental benefit compensates the firefighter in an amount equal to or greater than the amount of compensation in subdivisions (c) and (d), the employer may count the hours of the other paid benefit or leave toward the total number of weeks of postpartum and recovery leave that the employer is required to provide to the firefighter under subdivision (b).

(h)This section establishes a statewide minimum standard and shall not be construed to preempt or limit any collective bargaining agreement or local policy providing greater rights or benefits.