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2007 Vote Records

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Home < Issues < 2007 State Legislation

AB 537 (Swanson)
Family and Medical Leave

Fresno Chamber Position: OPPOSE

Existing Law:

Existing law, the Moore-Brown-Roberti Family Rights Act, makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 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 who has a serious health condition
- Because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job.

Proposed Legislation:

This bill would increase the circumstances under which an employee is entitled to protected leave pursuant to the Family Rights Act by:

- Eliminating the age and dependency elements from the definition of "child," permitting an employee to take protected leave to care for his or her independent adult child suffering from a serious health condition
- Expanding the definition of "parent" to include an employee's parent-in-law
- Permitting an employee to also take leave to care for a seriously ill grandparent, sibling, grandchild, or domestic partner, as defined.

Argument:

- This legislation adds more confusion and bureaucracy to the Moore-Brown-Roberti Family Rights Act, imposing upon the employer’s right to act.

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The Honorable Arnold Schwarzenegger Governor, State of California State Capitol Sacramento, CA 95814 Dear Governor Schwarzenegger, I request your VETO on AB 537 (Swanson), which proposes to increase the cost of doing business due to expanded protected leave for employees that employers must grant regardless of business necessity. Under current requirements of the California Family Rights Act (CFRA), employers with 50-plus employees must grant to their employees up to 12 workweeks leave in a 12-month period, to care for their seriously ill child, spouse, or parent. Moreover, CFRA provides an absolute right to leave. Employers do not have a business necessity or undue hardship defense -- if an employee meets the requirements for leave, it must be granted. Employers who deny family leave in violation of CFRA provisions face liability for back wages, compensatory damages, punitive damages, court costs and attorney fees. Employees currently enjoy a variety of protected and employer provided leave opportunities. Each time an employee takes leave, the employer must address the vacancy created by the employee’s absence. Work functions that are left unattended by employees on leave must be completed by other employees that might require overtime pay, training, temporary hires, or suffer reduced productivity. Whenever an employee is absent, whether by paid or unpaid leave, there is a cost to the employer. Expanded protected leave makes doing business in California more costly. California employers operate under the most complex and punitive labor laws in the country. We do not see any reason to expand a leave program that is already cumbersome to administer and subjects employers to liability and lawsuits if they fail to comply with CFRA requirements, as proposed by AB 537 (Swanson). For these and other reasons, we request your VETO on AB 537 (Swanson).

Contact Amy Huerta, the Chamber's Government Affairs Manager for more information at (559) 495-4818 or ahuerta@fresnochamber.com