California 2011-2012 Regular Session Status: Passed Assembly

AB 2039 — Family and medical leave.

Last action — In committee: Held under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 (1) to bond with a child who was born to, adopted by, or placed for foster care with, the employee, (2) to care for the employee's parent, spouse, or child who has a serious health condition, as defined, or (3) because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job. Under the act, "child" means a biological, adopted, foster, or stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under 18 years of age or an adult dependent child. The act defines "parent" to mean the employee's biological, foster, or adoptive parent, stepparent, legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. This bill would increase the circumstances under which an employee is entitled to protected leave pursuant to the Family Rights Act by (1) eliminating the age and dependency elements from the definition of "child," thereby permitting an employee to take protected leave to care for his or her independent adult child suffering from a serious health condition, (2) expanding the definition of "parent" to include an employee's parent-in-law, and (3) permitting an employee to also take leave to care for a seriously ill grandparent, sibling, grandchild, or domestic partner, as defined.

Bill Text

What changed in the latest version

1 added · 1 removed

1 line(s) added, 1 removed.

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Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR. suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 27). Re-referred to Com. on APPR.

  4. Referred to Com. on L. & I.R.

  5. In Senate. Read first time. To Com. on RLS. for assignment.

  6. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 26. Page 5094.)

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 12. Noes 5.) (May 25).

  9. In committee: Set, first hearing. Referred to APPR. suspense file.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (March 28). Re-referred to Com. on APPR.

  11. Referred to Com. on L. & E.

  12. From printer. May be heard in committee March 25.

  13. Read first time. To print.

Sponsors

  • Swanson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Swanson

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on Appropriations Suspense file.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Lieu — Yea
Dutton — Yea
Steinberg — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Walters — Yea

Official roll call →

AB 2039 SWANSON Assembly Third Reading

Passed 52 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 512402
Democratic 1000
Republican 0200
Total 522602
% of votes cast 65%33%0%3%
How each member voted (80)
Member Party Vote
Halderman — Nay
Butler — Yea
Feuer — Yea
Carter — Yea
Cedillo — Yea
Fong — Yea
Allen — Yea
Alejo — Yea
Huber — Yea
Yamada — Yea
Furutani — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Galgiani — Yea
Garrick — Nay
Gordon — Yea
Chesbro — Yea
Gorell — Nay
Bonilla — Yea
Atkins — Yea
Hagman — Nay
Conway — Nay
Hall — Yea
Harkey — Nay
Fletcher — Not Voting
Hayashi — Yea
Hueso — Yea
Ammiano — Yea
Block — Yea
Cook — Nay
Davis — Yea
Donnelly — Nay
Huffman — Yea
Knight — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Perea — Yea
Skinner — Yea
Smyth — Nay
Torres — Yea
Valadao — Not Voting
Wieckowski — Yea
Achadjian — Nay
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Jeffries — Nay
Ma — Yea
Mansoor — Nay
Nestande — Nay
Pan — Yea
Silva — Nay
Solorio — Yea
Swanson — Yea
Wagner — Nay
Williams — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 11500
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Mitchell — Yea
Campos — Yea
Ammiano — Yea
Donnelly — Nay
Norby — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Hill — Yea
Lara — Yea
Nielsen — Nay
Solorio — Yea
Wagner — Nay
Davis — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

healthcare labor
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Frequently asked questions

What does AB 2039 do?
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 (1) to bond with a child who was born to, adopted by, or placed for foster care with, the employee, (2) to care for the employee's parent, spouse, or child who has a serious health condition, as defined, or (3) because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job. Under the act, "child" means a biological, adopted, foster, or stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under 18 years of age or an adult dependent child. The act defines "parent" to mean the employee's biological, foster, or adoptive parent, stepparent, legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. This bill would increase the circumstances under which an employee is entitled to protected leave pursuant to the Family Rights Act by (1) eliminating the age and dependency elements from the definition of "child," thereby permitting an employee to take protected leave to care for his or her independent adult child suffering from a serious health condition, (2) expanding the definition of "parent" to include an employee's parent-in-law, and (3) permitting an employee to also take leave to care for a seriously ill grandparent, sibling, grandchild, or domestic partner, as defined.
Who sponsors AB 2039?
AB 2039 is sponsored by Swanson.
What is the current status of AB 2039?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2039?
Track AB 2039 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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