Existing law provides that if a city council member is absent without permission from all regular city council meetings for a specified number of days from the last regular meeting they attended, their office becomes vacant and shall be filled as any other vacancy. This bill would require a city to establish a process for a city council member to notify the city clerk or other designated official in writing that they are taking parental leave, as defined, for 12 workweeks or longer if the city council member's city provides a parental leave period longer than 12 workweeks for their employees. The bill would exclude parental leave from counting toward the number of allowed absences allotted to each council member. The bill would prohibit the process from requiring a council member to make the declaration at a public hearing. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law, the Healthy Workplaces, Healthy Families Act of 2014, entitles an employee who works in California for the same employer for 30 or more days within a year from the commencement of employment to paid sick days. Under existing law, an employee accrues paid sick days at a rate of not less than one hour per every 30 hours worked, subject to certain use, accrual, and yearly carryover limitations. This bill would require specified fire departments to provide a paid leave of absence of up to 26 weeks to an active firefighting member who requests leave because the firefighter is disabled by pregnancy, childbirth, or a related medical condition, as provided. The bill would apply to an active firefighting member who has at least 1,250 hours of service with the fire department in the 12-month period before the date on which the paid leave begins and would require the leave to be with full pay, except as specified, at the firefighter's regular rate of pay set forth in a collective bargaining agreement and in accordance with their normal pay schedule. The bill would require all benefits to continue to accrue during the paid leave, as specified, and would require a firefighter returning from the paid leave to be restored to their prior position, as provided. The bill would request a fire department of the University of California to comply with these provisions.
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, the family temporary disability insurance program, provides up to 8 weeks of wage replacement benefits to workers who take time off work to care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner, or to bond with a minor child within one year of birth or placement in connection with foster care or adoption, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individual's spouse, domestic partner, child, or parent in the Armed Forces of the United States. Existing law defines "covered active duty" to mean, with respect to a member of the regular Armed Forces of the United States, duty during the deployment of the member with the regular armed forces to a foreign country and, with respect to a member of the reserve components of the Armed Forces of the United States, duty during the deployment of the member of those reserve components to a foreign country under a federal call or order to active duty. This bill would, starting upon specified changes to the Employment Development Department's integrated claims management system or on July 1, 2028, whichever occurs sooner, expand the definition of "covered active duty" to additionally include duty during training, deployment other than deployment to a foreign country, and, with respect to a member of the reserve components of the Armed Forces of the United States, a call or order to state active duty. By authorizing expenditures from the continuously appropriated fund for these expanded purposes, this bill would make an appropriation.
Existing law requires a certificated or classified school employee who exhausts all available sick leave and continues to be absent from duties on account of illness or accident for an additional period of 5 months to receive during those 5 months either (1) the difference between the employee's salary and the sum that is actually paid, or would have been paid, to a substitute employee employed to fill the position during the employee's absence, or (2) at least 50% of the employee's regular salary during the period of the absence. This bill would require a certificated or classified school employee who exhausts all available sick leave and continues to be absent from duties on account of illness or accident for an additional period of 5 months to instead receive the employee's full salary during those 5 months. The bill would make numerous related conforming and clarifying changes.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee, as defined, for injuries that arise out of, and in the course of, employment. Existing law requires employers to provide medical, surgical, chiropractic, acupuncture, licensed clinical social worker, and hospital treatment reasonably required to cure or relieve the injured worker from the effects of the injury. Existing law makes it a misdemeanor for an employer to discharge, threaten to discharge, or discriminate against, or for an insurer to advise, direct, or threaten an insured to discharge, an employee because they have filed or made known their intention to file a claim for compensation, or an application for adjudication, or because the employee has received a rating, award, or settlement, as specified. This bill would require an employee, when possible, to make a reasonable effort to schedule treatment outside of work hours. The bill would require the employee, if the timing of the treatment is foreseeable, to provide notice if treatment occurs during work hours, as specified, and require the employer to provide this leave during work hours unless business necessity requires the treatment to occur at a different time or on a different day. The bill would require that the leave taken by an employee pursuant to these provisions run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the California Family Rights Act if the employee would have been eligible for that leave. If an employer denies an employee's request to attend scheduled treatment, and the employer knows or should know that a business necessity does not require the treatment to occur at a different time or on a different day, the bill would make that denial a misdemeanor. The bill would also make it a misdemeanor for an employer to discharge, threaten to discharge, or discriminate against an employee because the employee requested or took leave pursuant to these provisions. By creating new crimes, this bill would impose a state-mandated local program. The bill would make other conforming changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act establishes stewardship programs for various products, including, among others, carpet. The act includes a product stewardship for carpet program and a successor carpet producer responsibility program, and requires the product stewardship for carpet program to become inoperative upon the completion of certain conditions related to the implementation of the successor carpet producer responsibility program. Existing law, the product stewardship for carpet program, requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit a carpet stewardship plan to the department, which is required to include specified elements, including achieving specified carpet recycling rates and a funding mechanism that provides sufficient funding to carry out the plan. Existing law authorizes the department to administratively impose a civil penalty of $10,000 per day on any person in violation of the program or $25,000 per day if the violation is intentional, knowing, or negligent, as specified. This bill would instead authorize the department to impose administrative, rather than civil, penalties in those amounts, and to impose an administrative penalty of $25,000 per day if the violation is intentional or knowing. Existing law requires a carpet stewardship organization to include nonvoting board members with representation from, among others, a retailer that sells carpet. This bill would instead require the stewardship organization to create a governing board for the stewardship program, with 14 voting members, as specified. Existing law requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit to the department an annual report describing its activities to achieve the purposes of the program, as provided. Existing law authorizes a carpet stewardship organization to award grants and subsidies to incentivize the recycling of carpet materials that have the highest recyclability. This bill would require a carpet stewardship organization to include in its annual report specified information related to the grants and subsidies provided pursuant to the program, as specified. (2) Existing law, the successor carpet producer responsibility program, requires producers of covered products to form and join a single producer responsibility organization (PRO) for the collection and recycling of a covered product. Existing law defines "PRO" to include, among others, the carpet stewardship organization, as defined by the product stewardship for carpet program. Existing law defines a "covered product" as carpet, as defined, and requires the PRO to develop a producer responsibility plan for the collection, transportation, recycling, and the safe and proper management of covered products in the state. This bill would remove the carpet stewardship organization from the definition of PRO. The bill would redefine "carpet" to have the same definition used by the product stewardship for carpet program. Existing law requires an assessment to be added to the price of all covered products sold in the state to fund the program. Existing law also requires the costs of the program to be borne by producers of covered products, as provided. This bill would eliminate the requirement for the costs of the program to be borne by producers of covered products. Existing law requires, no later than January 1, 2029, a person who removes a covered product as part of the installation of a covered product to transport, or contract to transport, all of the removed covered product to an approved collection site, as provided. Under existing law, an approved collection site is a solid waste facility that has agreed to be a collection site for the PRO. This bill would exempt a covered product from this transport requirement if certain conditions are met, including that it is returned to the producer. The bill would recast approved collection sites and would expand them to include certain carpet recycling centers, municipal facilities, and retailers. Existing law requires the governing board of a PRO to include 4 nonvoting members, including, but not limited to, a nonvoting member representing a nonprofit organization established to promote a circular economy and to address environmental issues. Existing law requires the PRO to submit an annual report to the department on or before July 1 of each year, as provided. Existing law requires a producer to publish on its internet website, for each of its covered products, an environmental product declaration that identifies a covered product's components, as provided. This bill would instead require the PRO to create a governing board for the program, with 14 voting members, as specified. The bill would require the annual report to be submitted on or before September 1 of each year, instead of July 1 of each year. The bill would instead require a producer to publish on its internet website, for each of its covered products, the components that constitute more than 1% of the product's weight and any component that is a hazardous chemical, as specified. Existing law requires the PRO to submit to the department an annual report, as specified, and to make the report publicly available on the PRO's internet website. Existing law requires the PRO to provide annual grants to apprenticeship programs for training carpet installers in proper carpet recycling techniques, as provided. This bill would require the PRO to include in its annual report specified information related to the grants and incentive payments provided pursuant to the program, as specified. Existing law requires a producer responsibility plan, among other things, to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, as provided. This bill would instead require a producer responsibility plan to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that provides the name of the producer, the date of manufacture, and a listing of the types of face fibers and backing materials contained in the product. Existing law requires a producer responsibility plan to describe how the PRO will provide free dropoff and convenient collection system for covered products. This bill would require a producer responsibility plan to instead provide the ability for people to drop off postconsumer carpet, free of charge, at collection sites that are open according to a prescribed schedule. Existing law requires a producer responsibility plan to provide annual grants to apprenticeship programs, as provided. This bill would require a producer responsibility plan to additionally allocate $2,000,000 annually to apprenticeship programs operated by labor organizations, as provided. Existing law requires the department to review a submitted producer responsibility plan and to approve or disapprove the producer responsibility plan, as provided. Existing law requires, if the PRO subsequently submits a revised producer responsibility plan and the department disapproves the revised plan, the PRO to revise and resubmit the revised plan consistent with the department's direction. This bill would authorize, rather than require, the PRO to resubmit one additional revised producer responsibility plan if the initial revised plan is disapproved and would delete the requirement for the revised plan to be consistent with the department's direction. Existing law requires a producer responsibility plan in effect as of January 1, 2025, to continue in effect, as provided, until it expires or is revoked, as provided. This bill would repeal this provision. Existing law requires a producer responsibility plan to prioritize expenditure of assessments collected pursuant to the product stewardship for carpet program on activities to carry out the producer responsibility plan, including grants for apprenticeship programs. This bill would instead require a producer responsibility plan to require the expenditure of assessments collected pursuant to the carpet producer responsibility program to be used for activities that support the implementation of the producer responsibility plan, including grants for apprenticeship programs. Existing law authorizes the department to establish, review, and adjust performance standards, which may include, but are not limited to, collection, reduction in disposal, and maximizing recycling. Existing law requires the producer responsibility plan to meet any performance standards published by the department. Existing law requires the department to use sales data to establish the performance standard for recycling carpet, as specified. This bill would eliminate the requirement for the department to use sales data to establish the performance standard for recycling carpet. Existing law authorizes the department to determine the PRO ineligible to act as the PRO if the PRO violates the provisions of the carpet producer responsibility program 3 or more times. This bill would require the above-described violations to be knowing or intentional violations. Existing law requires the department to adopt regulations to implement the program with an effective date no earlier than December 31, 2026. This bill would instead require the department to adopt the regulations no later than January 1, 2029.
Existing law, for purposes of unemployment insurance provisions, requires employers to make contributions with respect to unemployment insurance and disability insurance from the wages paid to their employees. Existing law establishes, within the state disability insurance program administered by the Employment Development Department, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified. This bill would require the Legislative Analyst's Office, on or before January 1, 2027, and annually thereafter, to prepare and submit a report to the Legislature that evaluates the quality of services provided by the department to the public with regard to unemployment and disability insurance. The bill would repeal these provisions on January 1, 2031.
Existing law requires the governing board of a school district, and the governing board of a community college district, to provide for a leave of absence from duty for a certificated employee or an academic employee of the district who is required to be absent from duty because of pregnancy, miscarriage, childbirth, and recovery from those conditions. Existing law authorizes the governing board of a school district, and the governing board of a community college district, to provide for a leave of absence from duty as it deems appropriate for a female employee in the classified service of the district who is required to be absent from duty because of pregnancy or convalescence following childbirth. Existing law authorizes a governing board to adopt rules and regulations about leaves of absence for classified employees for these purposes, and authorizes a governing board to provide in the rules and regulations whether the leave granted shall be with or without pay, as provided. This bill would delete the latter provisions authorizing a governing board of a school district and the governing board of a community college district to adopt those rules and regulations. The bill instead would require a public school employer to, for a certificated employee or an employee in the classified service of the public school employer, and would require a community college district to, for an academic employee or an employee in the classified service of the community college district, provide up to 14 weeks of a leave of absence with specified pay benefits for an employee who is required to be absent from duty because of pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions, as provided. The bill would authorize the paid leave to begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or a related condition. The bill would prohibit a leave of absence taken pursuant to these provisions from being deducted from other leaves of absence, as provided, and would require public school employers and community college districts to maintain group health coverage for an employee who takes a leave of absence under these provisions for the duration of the leave of absence at the same level and under the same conditions that coverage would have been provided if the employee had not taken a leave of absence. The bill would prohibit any other eligibility requirements, including, but not limited to, minimum hours worked or length of service, before an employee disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions is eligible for a paid leave of absence under these provisions.
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, commencing July 1, 2028, expand eligibility for benefits under the paid family leave program to include individuals who take time off work to care for a seriously ill designated person. The bill would define designated person to mean any care recipient related by blood or whose association with the individual is the equivalent of a family relationship, and would make conforming changes to the definitions of the terms family care leave and family member. This bill would require an individual that requests for the first time family temporary disability insurance benefits to care for a designated person to identify the designated person and, under penalty of perjury, attest to how the individual is related by blood to the designated person, or how the individual's association with the designated person is the equivalent of a family relationship. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. By authorizing expenditures from the continuously appropriated fund for these expanded purposes, this bill would make an appropriation. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
