AB 772

This bill provides an exemption from state family and medical leave law for an

employer that is covered under the federal family and medical leave law.

Under the current state family and medical leave law, an employer, including

the state, that employs at least 50 individuals on a permanent basis in this state

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

for the birth or adoptive placement of a child or two weeks of family leave in a

12-month period to care for a child, spouse, parent, or domestic partner of the

employee or a parent of the spouse or domestic partner of the employee

(parent-in-law) who has a serious health condition. Current law also requires an

employer to permit an employee to take two weeks of medical leave in a 12-month

period when the employee has a serious health condition that makes the employee

unable to perform the employee's employment duties.

Under the current federal family and medical leave law, an employer that

employs at least 50 individuals for each working day for 20 or more weeks in the

current or preceding year and the state or a political subdivision of the state,

regardless of the number of employees employed (employer), must permit an

employee who has been employed by the employer for at least 12 months and who

has worked at least 1,250 hours for that employer during the preceding 12 months

(eligible employee) to take 12 weeks of family or medical leave in a 12-month period

for the birth or adoptive or foster care placement of a child; to care for a spouse, child,

or parent, but not a domestic partner or parent-in-law, who has a serious health

condition; or when the employee has a serious health condition that makes the

employee unable to perform the functions of his or her position. Federal law,

however, excludes from the definition of “eligible employee" an employee who works

at a worksite with fewer than 50 employees if the employer employs fewer than 50

employees within 75 miles of the worksite. In addition, the U.S. Supreme Court has

held, in

Coleman v. Court of Appeals of Maryland

, 566 U.S. 30 (2012), that, absent

a waiver of sovereign immunity, a state may not be sued for damages for a violation

of the medical leave provisions of the federal family and medical leave law.

The bill provides that the state family and medical leave law does not apply to

any of the following:

1. An employer that is required to provide leave under the federal family and

medical leave law.

2. An employer that opts to provide leave under the federal family and medical

leave law to an employee who is not an eligible employee, so long as the employer

provides leave to such an employee in the same manner as the employer provides