AB 12

Under current law, an employer, including the state, that employs at least 50

individuals on a permanent basis must permit an employee who has been employed

by the employer for more than 52 consecutive weeks and who has worked for the

employer for at least 1,000 hours during the preceding 52 weeks to take six weeks

of family leave in a 12-month period and two weeks of medical leave in a 12-month

period. Family leave may be taken for the birth or adoptive placement of a new child

or to care for a child, spouse, or parent who has a serious health condition. Medical

leave may be taken when the employee has a serious health condition that makes the

employee unable to perform the employee's employment duties. An employee is not

entitled to receive wages or salary while taking family or medical leave, but may

substitute, for portions of family or medical leave, other types of paid or unpaid leave

provided by the employer.

This bill states that the provision of family and medical leave that is uniform

throughout the state is a matter of statewide concern and that it would be logically

inconsistent with, would defeat the purpose of, and would go against the spirit of the

state family and medical leave law for a city, village, town, or county to enact an

ordinance that requires employers to provide employees with leave from

employment for any of the following reasons:

1. Because the employee has a physical or mental illness, injury, impairment,

or condition (health condition); is in need of medical diagnosis, care, or treatment of

a health condition; or is in need of preventive medical care.

2. To care for a family member who has a health condition; who is in need of

medical diagnosis, care, or treatment of a health condition; or who is in need of

preventive medical care. The bill defines "family member" as a spouse or domestic

partner of the employee; a parent, child, sibling, including a foster sibling,

brother-in-law, sister-in-law, grandparent, stepgrandparent, or grandchild of an

employee or of an employee's spouse or domestic partner; or any other person who

is related by blood, marriage, or adoption to an employee or to an employee's spouse

or domestic partner and whose close association with the employee, spouse, or

domestic partner makes the person the equivalent of a family member of the

employee, spouse, or domestic partner.

3. Because the employee's absence from work is necessary in order for the

employee to do any of the following:

a. Seek medical attention or obtain psychological or other counseling for the

employee or a family member to recover from any health condition caused by

domestic abuse, sexual abuse, or stalking.

b. Obtain services for the employee or a family member from an organization

that provides services to victims of domestic abuse, sexual abuse, or stalking.

c. Relocate the residence of the employee or of a family member due to domestic

abuse, sexual abuse, or stalking.