Employee Relations 08/17/2012
For more information, please contact Eraina Ortega at
916.650.8180, or Faith Conley at 916.650.8117.
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.
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.
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.