Under current law, called the California Family Rights Act, it is unlawful for an employer to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protective leave during a 12-month period to bond with a child who was born to, adopted by or placed for foster care with the employee; to care for the employee’s parent, spouse or child with a serious health condition; or because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job.
Senate Bill 406, introduced by Calif. Senator Hannah-Beth Jackson (D) would expand CFRA by redefining “child” to include biological, adopted or foster children, a stepchild, a legal ward, a son or daughter of a domestic partner or a person to whom the employee stands in loco parentis, and would remove the restriction on age or dependent status.
It would also expand the definition of leave to cover caring for persons with a serious health condition, including leaving town to care for a grandparent, grandchild, sibling or domestic partner. A parent-in-law would also be included in the definition of “parent” under the bill.
In his veto letter, Gov. Brown said he supports the Sen. Jackson’s efforts to ensure eligible workers can take leave to care for a seriously ill family member. However, this bill “creates a disparity between California’s law and the Federal Medical Leave Act and, in certain circumstances, could require employers to provide employees up to 24 weeks of family leave in a 12-month period,” he wrote.
Opponents to the bill argued expanding the family members for whom an employee may take a 12-week protected leave of absence to care for (including a grandparents, grandchild and siblings) are not covered under the federal Family and Medical Leave Act. The disconnect between the bill and the FMLA would potentially obligate a California employer to provide up to 24 weeks of protected leave because an employee could utilize 12 weeks of protected leave to care for a grandparent and still be entitled to another 12-week period of absence under FMLA for his or her own medical condition, or that of his or her spouse, child or parent.
Gov. Brown said he is open to considering legislation that includes allows workers to take leave for additional family members but does not create an anomaly.
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