Employee Relations 08/17/2012
Employee Relations
For more information, please contact Eraina Ortega at
916.650.8180, or Faith Conley at 916.650.8117.
Employee Rights
AB 2039 (Swanson) - Oppose
As Introduced on February 23, 2012
AB 2039, by Assembly Member Sandre Swanson, would expand the
California Family Rights Act (CFRA) by permitting an employee to
take leave to care for an independent adult child with a health
condition or a seriously ill grandparent, sibling, grandchild or
domestic partner. AB 2039 also expands the definition of “parent”
to include a parent-in-law.
CSAC’s greatest concern is that there is no coordination between
CFRA and the federal Family and Medical Leave Act (FMLA), so that
an employee could potentially use his or her 12-week CFRA leave
to care for a sibling and take another 12-week leave under FMLA
to care for a parent. While counties are sympathetic to the needs
of employees with family members with serious medical conditions,
AB 2039 would place a hardship on county employers by such an
expansion of CFRA.
AB 2039 was held in the Senate Appropriations
Committee.
AB 2039 passed off of the Suspense File and will now be heard on
the Assembly Floor.
Public Safety
AB 1551 (Torres) - Oppose
As Amended on July 5, 2012
AB 1551, by Assembly Member Norma Torres, would exempt certain
public safety officers from a requirement to report accidents
that occur in a personal vehicle to a personal insurance provider
unless it is determined that the employer did not request or
direct the employee to use his or her personal vehicle.
If enacted, employers of public safety personnel will face
increased liability for employees who drive their personal
vehicles for work purposes which will increase employers’
insurance costs. CSAC believes that shifting the costs and
liability for accidents involving personal vehicles to public
employers is inappropriate; the Internal Revenue Service mileage
reimbursement rate includes insurance costs among the items for
which it is intended to reimburse those who drive their personal
vehicles for work purposes. Additionally, as local jurisdictions
have negotiated policies to address liability for accidents
involving personal vehicles that best reflect local priorities
and circumstances, it is unnecessary to impose a statewide,
one-size-fits-all solution to a perceived problem.
AB 1551 passed in the Senate Appropriations Committee and is now
awaiting a vote on the Senate Floor.
Workers’ Compensation
AB 808 (Skinner) - Oppose
As Amended on August 5, 2012
AB 808, by Assembly Member Nancy Skinner, would establish a
presumption for workers’ compensation purposes when a hospital
employee contracts a methicillin-resistant Staphylococcus aureus
(MRSA) skin infection and would extend this presumption 60 days
after the employee’s service has been terminated. AB 808 is
similar to AB 375, which was held on the Senate Floor last
year.
CSAC opposes AB 808 because employers need to retain the
discretion to accept or challenge workers’ compensation claims.
Further, AB 808 could result in increased costs in workers’
compensation for county hospitals at a time when counties are
facing budget deficits and reduced funding for program services.
The system of workers’ compensation should provide appropriate
benefits to all injured workers who sustain a work-related injury
or illness. Under current workers’ compensation law, the employee
must show that there is a nexus between work and the injury or
illness – AB 808 would prohibit employers from attributing an
employee’s contraction of MRSA to any skin infection or disease
that existed prior to the contraction or development of the
disease, creating a further insurmountable burden for the
employer to rebut a MRSA claim.
AB 808 was passed in the Senate Appropriations Committee. It now
awaits a vote on the Senate Floor.