California 2011-2012 Regular Session Status: Enacted

AB 592 — Employment: leave: interference, restraint, and denial.

Last action — Chaptered by Secretary of State - Chapter 678, Statutes of 2011.

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

This bill has been enacted into law. Introduced February 16, 2011. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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. Existing law makes it an unlawful employment practice, unless based upon a bona fide occupational qualification, for an employer to refuse to allow a female employee affected by pregnancy, childbirth, or related medical conditions to take leave on account of pregnancy for a reasonable period of time, not to exceed 4 months and thereafter return to work. Leave under these provisions is in addition to the leave provided under the Moore-Brown-Roberti Family Rights Act. Additionally, existing law makes it an unlawful employment practice for an employer to refuse to provide reasonable accommodation for an employee for conditions related to pregnancy, childbirth, or a related medical condition, if she so requests, with the advice of her health care provider. This bill would also make it an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under the above provisions. This bill would also state that the changes made by this bill to the above provisions are declaratory of existing law. This bill would incorporate additional changes to Section 12945 of the Government Code proposed by SB 299, to be operative only if SB 299 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 678, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 19. Page 3076.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 12. Page 2348.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 22). Re-referred to Com. on APPR.

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

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 17. Page 1507.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 12. Noes 5.) (May 18).

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (May 4). Re-referred to Com. on APPR.

  19. Re-referred to Com. on L. & E.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

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

  22. From printer. May be heard in committee March 19.

  23. Read first time. To print.

Sponsors

  • Ammiano · Cosponsor
  • Lara · Primary
  • Padilla · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 6 voted No

Sponsors (1)

  • Lara

Co-sponsors (2)

  • Ammiano
  • Padilla

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

AB 592 LARA Concurrence in Senate Amendments

Passed 60 Yea · 19 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1100
Unaffiliated 581801
Democratic 1000
Total 601901
% of votes cast 75%24%0%1%
How each member voted (80)
Member Party Vote
Hagman — Yea
Hall — Yea
Butler — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Carter — Yea
Cedillo — Yea
Furutani — Yea
Galgiani — Yea
Gatto — Yea
Fong — Yea
Allen — Yea
Hayashi — Yea
Huber — Yea
Hueso — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huffman — Yea
Fletcher — Yea
Ammiano — Yea
Nestande — Yea
Perea — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Campos — Yea
Gordon — Yea
Bonilla — Yea
Atkins — Yea
Gorell — Not Voting
Halderman — Nay
Chesbro — Yea
Harkey — Nay
Conway — Nay
Block — Yea
Donnelly — Nay
Jeffries — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nielsen — Nay
Norby — Nay
Olsen — Nay
Pan — Yea
Smyth — Nay
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Morrell — Nay
Silva — Nay
Skinner — Yea
Valadao — Yea
Cook — Nay
Davis — Yea
Dickinson — Yea
Garrick — Nay
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB592 Lara By Evans

Passed 23 Yea · 12 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 221104
Democratic 1001
Republican 0100
Total 231205
% of votes cast 58%30%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Evans — Yea
Corbett — Yea
DeSaulnier — Yea
Fuller — Nay
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Alquist — Yea
Hernandez — Yea
Huff — Nay
Kehoe — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Runner — Nay
Lowenthal — Not Voting
Harman — Nay
Cannella — Nay
Anderson — Nay
Dutton — Not Voting
Walters — Not Voting
Blakeslee — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Wolk — Yea
Wright — Not Voting
Emmerson — Nay
Correa — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

AB 592 LARA Assembly Third Reading

Passed 61 Yea · 17 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 601502
Republican 0200
Democratic 1000
Total 611702
% of votes cast 76%21%0%3%
How each member voted (80)
Member Party Vote
Gordon — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Hagman — Yea
Hall — Yea
Butler — Yea
Hayashi — Yea
Fong — Yea
Huber — Yea
Allen — Yea
Hueso — Yea
Huffman — Yea
Ma — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Nestande — Yea
Fletcher — Yea
Ammiano — Yea
Carter — Yea
Cedillo — Yea
Chesbro — Yea
Davis — Yea
Pan — Yea
Perea — Yea
Swanson — Yea
Williams — Yea
Bonilla — Yea
Yamada — Yea
Atkins — Yea
Gorell — Not Voting
Campos — Yea
Halderman — Nay
Knight — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Beall — Yea
Conway — Nay
Cook — Not Voting
Dickinson — Yea
Donnelly — Yea
Miller — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Silva — Nay
Solorio — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hill — Yea
Jeffries — Yea
Mansoor — Nay
Olsen — Nay
Skinner — Yea
Smyth — Nay
Torres — Yea
Wagner — Yea
Eng — Yea
Furutani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Yea
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
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Gatto — Yea
Hall — Yea
Harkey — Nay
Hill — Yea
Mitchell — Yea
Lara — Yea
Smyth — Nay
Wagner — Nay
Donnelly — Nay
Blumenfield — Yea
Bradford — Yea
Nielsen — Nay
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 592 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. Existing law makes it an unlawful employment practice, unless based upon a bona fide occupational qualification, for an employer to refuse to allow a female employee affected by pregnancy, childbirth, or related medical conditions to take leave on account of pregnancy for a reasonable period of time, not to exceed 4 months and thereafter return to work. Leave under these provisions is in addition to the leave provided under the Moore-Brown-Roberti Family Rights Act. Additionally, existing law makes it an unlawful employment practice for an employer to refuse to provide reasonable accommodation for an employee for conditions related to pregnancy, childbirth, or a related medical condition, if she so requests, with the advice of her health care provider. This bill would also make it an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under the above provisions. This bill would also state that the changes made by this bill to the above provisions are declaratory of existing law. This bill would incorporate additional changes to Section 12945 of the Government Code proposed by SB 299, to be operative only if SB 299 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last.
Who sponsors AB 592?
AB 592 is sponsored by Ammiano, Lara, and Padilla.
What is the current status of AB 592?
This bill has been enacted into law. Introduced February 16, 2011. Enacted.
Where can I track AB 592?
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