Buffy Wicks Bill to Expand Family Leave and Paid Sick Leave Moves Forward

by ECT Apr 12, 2021

written by ECT Apr 12, 2021

On Thursday, the California State Assembly Labor and Employment Committee pushed forward Assembly Bill 1041 by Assemblymember Buffy Wicks (D-Oakland) in a 5-2 vote.

Under AB 1041, the bill would expand eligibility for benefits under the paid family leave program to include individuals who take time off work to care for a seriously ill individual related by blood or whose close association with the employee is the equivalent of a family relationship. The bill would make conforming changes to the definitions of the terms “family care leave” and “family member.”

The CALChamber has already labeled the bill one of its 2021 job killer bills saying the bill would significantly expands multiple existing leave requirements in California that apply to employers of five or more, including small employers with limited employees who are struggling as a result of the pandemic, by allowing an employee to designate any person for whom they would like to take the leave, and subjecting the employer to costly litigation under the Fair Employment and Housing Act or the Labor Code Private Attorney General Act (PAGA), for any alleged interference, interruption, discouragement, or denial.

LEGISLATIVE COUNSEL’S DIGEST

AB 1041, as introduced, Wicks. Leave.

(1) Existing law, commonly known as the California Family Rights Act, makes it an unlawful employment practice for any government employer or employer with 5 or more employees to refuse to grant a request by any 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 or who meets certain other requirements, to take up to a total of 12 workweeks in any 12-month period to, among other things, bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as specified.

This bill would expand the population that an employee can take leave to care for to include any other individual related by blood or whose close association with the employee is the equivalent of a family relationship.

(2) Existing law, the Healthy Workplaces, Healthy Families Act of 2014, generally entitles an employee who works in California for the same employer for 30 or more days within a year to paid sick days, as specified, including the use of paid sick days for diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member. Existing law defines “family member” for this purpose to include individuals who share a prescribed relationship with the employee.

This bill would expand the definition of the term “family member” to include individuals related by blood or whose close association with the employee is the equivalent of a family relationship.

(3) Existing unemployment compensation disability law requires workers to pay contribution rates based on, among other things, wages received in employment and benefit disbursement, for payment into the Unemployment Compensation Disability Fund, a special fund in the State Treasury. That fund is continuously appropriated for the purpose of providing disability benefits and making payment of expenses in administering those provisions.

Existing law establishes, within the above state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits for up to 8 weeks to workers who take time off work for prescribed purposes, including to care for a seriously ill family member. Existing law defines terms for its purposes, including “family care leave” and “family member.”

This bill would expand eligibility for benefits under the paid family leave program to include individuals who take time off work to care for a seriously ill individual related by blood or whose close association with the employee is the equivalent of a family relationship. The bill would make conforming changes to the definitions of the terms “family care leave” and “family member.”

By authorizing expenditures from the Unemployment Compensation Disability Fund for a new purpose, this bill would make an appropriation.

ECT

Publisher of EastCountyToday and host of several Podcast Shows... if you can, please hit the donate button and show support.

Buffy Wicks Bill to Expand Family Leave and Paid Sick Leave Moves Forward

LEGISLATIVE COUNSEL’S DIGEST

Bethel Island: Driver Airlifted After Overturned Vehicle Crash

Former Richmond Police Chief Nominated as Commissioner of US Custom and Border Protection

You may also like