Bill Text: CA SB654 | 2015-2016 | Regular Session | Enrolled
Bill Title: Unlawful employment practice: parental leave.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB654 Detail]
Download: California-2015-SB654-Enrolled.html
BILL NUMBER: SB 654 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 11, 2016
AMENDED IN ASSEMBLY SEPTEMBER 2, 2015
AMENDED IN SENATE JUNE 2, 2015
AMENDED IN SENATE APRIL 21, 2015
INTRODUCED BY Senator Jackson
(Coauthors: Senators Hancock, Leyva, and Wolk)
(Coauthors: Assembly Members Atkins, Bonilla, Burke, Campos,
Cristina Garcia, Gonzalez, and Lopez)
FEBRUARY 27, 2015
An act to add Section 12945.6 to the Government Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 654, Jackson. Unlawful employment practice: parental leave.
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,
as specified, to allow an employee with more than 12 months of
service with the employer, and who has at least 1,250 hours of
service with the employer during the previous 12-month period, to
take up to 6 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 provisions of the bill would become operative on January 1,
2018.
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 either of the following:
(1) Refuse to allow an employee with more than 12 months of
service with the employer, and who has at least 1,250 hours of
service with the employer during the previous 12-month period, upon
request, to take up to six 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
six 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 does not apply to an employee subject to both
Section 12945.2 and the federal Family and Medical Leave Act of 1993.
(d) In any case in which two employees who are entitled to leave
under this section for the same birth, adoption, or foster care
placement are employed by the same employer, the employer is not
required, but may elect, to grant simultaneous leave to both
employees.
(e) The basic minimum duration of the leave shall be two weeks.
However, an employer may grant requests for additional occasions of
leave lasting less than two weeks.
(f) Parental leave taken pursuant to this section shall run
concurrently to parental leave taken as described in Section 44977.5
of the Education Code.
(g) For purposes of this section, "employer" means either of the
following:
(1) A person who directly employs, within 75 miles of the worksite
where an employee is employed, 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, except for a school district, county office of
education, or a community college district.
(h) This section shall become operative on January 1, 2018.
