California 2015-2016 Regular Session Status: To Executive 1 D cosponsors

SB 406 — Employment: leave.

Last action — Last day to consider Governors veto pursuant to Joint Rule 58.5.

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

This bill died with 2015-2016 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Moore-Brown-Roberti Family Rights Act makes it an unlawful employment practice for an employer 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. The act provides that if the same employer employs both parents entitled to leave under the act, the employer is not required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents family care and medical leave totaling more than the amount specified in the act. The act defines "child" to mean a biological, adopted, or foster child, a 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 "family care and medical leave" to mean, among other things, leave for reason of the serious health condition of a child, and leave to care for a parent or a spouse who has a serious health condition. The act defines "parent" to mean a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. This bill would make various changes to the definitions described above, thereby expanding the persons and purposes for which leave is required to be provided under the act. The bill would redefine the term "child" to include a biological, adopted, or foster son or daughter, a stepchild, a legal ward, a son or daughter of a domestic partner, or a person to whom the employee stands in loco parentis, and would remove the restriction on age or dependent status. The bill would expand the definition of leave with regard to caring for persons with a serious health condition to also include leave to care for a grandparent, grandchild, sibling, or domestic partner who has a serious health condition. The bill would include a parent-in-law in the definition of "parent."

Bill Text

Action History

  1. Last day to consider Governors veto pursuant to Joint Rule 58.5.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

  4. Enrolled and presented to the Governor at 4:45 p.m.

  5. Assembly amendments concurred in. (Ayes 23. Noes 16. Page 2775.) Ordered to engrossing and enrolling.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 41. Noes 30. Page 3186.) Ordered to the Senate.

  8. Ordered to third reading.

  9. Read third time and amended.

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered to second reading.

  12. From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 27).

  13. August 19 set for first hearing. Placed on APPR. suspense file.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 24). Re-referred to Com. on APPR.

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

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 23. Noes 16. Page 1327.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. Ordered to second reading.

  20. Read third time and amended.

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 5. Noes 2. Page 1153.) (May 28).

  23. Set for hearing May 28.

  24. May 11 hearing: Placed on APPR. suspense file.

  25. Set for hearing May 11.

  26. Read second time and amended. Re-referred to Com. on APPR.

  27. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 728.) (April 22).

  28. Set for hearing April 22.

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

  30. From printer. May be acted upon on or after March 28.

  31. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 12 voted No

Sponsors (1)

  • Jackson

Co-sponsors (2)

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

Unfinished Business (Supplemental File 5) SB406 Jackson Concurrence

Passed 23 Yea · 16 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 211501
Democratic 2100
Total 231601
% of votes cast 58%40%0%3%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Block — Yea
Hernandez — Yea
Huff — Nay
Leno — Yea
Liu — Yea
Morrell — Nay
Roth — Nay
Vidak — Nay
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Allen — Yea
De León — Yea
Leyva — Yea
Beall — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Pavley — Yea
Wieckowski — Yea
Wolk — Yea
Cannella — Nay
Runner — Nay
Mitchell — Not Voting
Fuller — Nay
Glazer — Nay
Moorlach — Nay
Nielsen — Nay
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

SB 406 Jackson Senate Third Reading By GOMEZ

Passed 41 Yea · 30 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 372509
Democratic 4000
Republican 0500
Total 413009
% of votes cast 51%38%0%11%
How each member voted (80)
Member Party Vote
Alejo — Yea
Bloom — Yea
Brown — Yea
Mullin — Yea
Perea — Not Voting
Quirk — Not Voting
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Wagner — Nay
Wood — Not Voting
Eggman — Yea
Dababneh — Yea
Frazier — Nay
Gatto — Yea
Gomez — Yea
Burke — Yea
Campos — Yea
Salas — Yea
Bonilla — Yea
Gordon — Yea
Gray — Yea
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Atkins — Yea
Levine — Yea
Chau — Yea
Chiu — Yea
Low — Yea
McCarty — Yea
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
Weber — Yea
Harper — Nay
Kim — Nay
Chang — Nay
Linder — Nay
Maienschein — Nay
Chu — Yea
Chávez — Nay
Cooley — Nay
Cooper — Not Voting
Daly — Not Voting
Dodd — Nay
Mathis — Nay
Mayes — Nay
Medina — Nay
Melendez — Nay
O'Donnell — Not Voting
Obernolte — Nay
Olsen — Not Voting
Achadjian — Nay
Baker — Nay
Bigelow — Nay
Brough — Nay
Steinorth — Nay
Ting — Yea
Waldron — Nay
Wilk — Nay
Williams — Not Voting
Hadley — Not Voting
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10300
Democratic 2000
Republican 0200
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Holden — Yea
Quirk — Yea
Wagner — Nay
Eggman — Yea
Bloom — Yea
Chang — Nay
Nazarian — Yea
Rendon — Yea
Weber — Yea
Wood — Yea
Bigelow — Nay
Gomez — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading

Passed 23 Yea · 16 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 211501
Democratic 2100
Total 231601
% of votes cast 58%40%0%3%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Huff — Nay
Lara — Yea
Leyva — Yea
Nielsen — Nay
Pavley — Yea
Wieckowski — Yea
Fuller — Nay
Galgiani — Yea
Hill — Yea
Allen — Yea
Mitchell — Yea
Pan — Yea
De León — Yea
Cannella — Nay
Runner — Nay
Glazer — Nay
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hertzberg — Yea
Beall — Yea
Block — Yea
Hueso — Not Voting
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Roth — Nay
Vidak — Nay
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Leyva — Yea
Mendoza — Yea
Nielsen — Nay
Hill — Yea
Lara — Yea
Bates — Nay
Beall — Yea

Official roll call →

Placed on 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
Bates — Yea
Leyva — Yea
Hill — Yea
Lara — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 406 do?
The Moore-Brown-Roberti Family Rights Act makes it an unlawful employment practice for an employer 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. The act provides that if the same employer employs both parents entitled to leave under the act, the employer is not required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents family care and medical leave totaling more than the amount specified in the act. The act defines "child" to mean a biological, adopted, or foster child, a 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 "family care and medical leave" to mean, among other things, leave for reason of the serious health condition of a child, and leave to care for a parent or a spouse who has a serious health condition. The act defines "parent" to mean a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. This bill would make various changes to the definitions described above, thereby expanding the persons and purposes for which leave is required to be provided under the act. The bill would redefine the term "child" to include a biological, adopted, or foster son or daughter, a stepchild, a legal ward, a son or daughter of a domestic partner, or a person to whom the employee stands in loco parentis, and would remove the restriction on age or dependent status. The bill would expand the definition of leave with regard to caring for persons with a serious health condition to also include leave to care for a grandparent, grandchild, sibling, or domestic partner who has a serious health condition. The bill would include a parent-in-law in the definition of "parent."
Who sponsors SB 406?
SB 406 is sponsored by Gomez, Jackson, and Gonzalez, Lena A. (Democratic).
What is the current status of SB 406?
This bill died with 2015-2016 Regular Session. It reached “To Executive” 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 SB 406?
Track SB 406 free on One Click Politics — get push/email alerts when it moves.

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