Unlawful employment practice: parental leave.
The implications of SB 63 are significant for state labor laws, as it expands employee rights under the California Family Rights Act. Employers are legally prohibited from denying the requested leave and must maintain health coverage for employees during their leave. They are also barred from retaliating against employees who exercise their parental leave rights. The bill aims to support family bonding while also protecting employees from discrimination or adverse employment actions due to their exercise of these rights.
Senate Bill No. 63, known as the New Parent Leave Act, was enacted to enhance parental leave rights for employees in California. It mandates that eligible employees, who have at least 12 months of service and have worked a minimum of 1,250 hours in the preceding year, are entitled to take up to 12 weeks of unpaid protected leave to bond with a new child. This leave can be taken within one year of the child's birth, adoption, or foster care placement. The bill clarifies the definitions of eligible employees and the conditions under which they can request this leave.
The reception of SB 63 was largely supportive among advocates of family rights, viewing it as a necessary expansion of employee protections that acknowledges the importance of parental leave in today’s workforce. However, some business groups expressed concern that new mandates could impose additional burdens on employers, especially smaller businesses. Prospective impacts on operational flexibility and costs were points of contention in discussions surrounding the bill.
Notable points of contention included how SB 63 interacts with existing laws such as the federal Family and Medical Leave Act (FMLA). Critics argued that the overlap could create confusion regarding employee rights, while supporters contended that the state needs stronger protections than federal standards provide. Additionally, the provision allowing recovery of health coverage costs under certain conditions was a sticking point, indicating concerns about the balance between protecting employee rights and managing employer liabilities.