CalChamber Opposition Helps Stop Job Killer Leave Mandate
A job killer bill that would have overwhelmed small businesses with administering a new protected leave of absence and subjected them to threats of costly litigation for any alleged violations, failed to pass the Assembly Labor and Employment Committee on June 22.
SB 1166 (Jackson; D-Santa Barbara) would have unduly burdened and increased costs of small employers with as few as 10 employees, as well as large employers with 50 or more employees, by requiring 12 weeks of protected employee leave for maternity or paternity leave.
SB 1166 labels an employer’s failure to provide the 12-week leave of absence as an “unfair employment practice.” This label is significant as it exposes an employer to costly litigation under the Fair Employment and Housing Act (FEHA). An employee who believes the employer did not provide the 12 weeks of protected leave, failed to return the employee to the same or comparable position, or did not maintain benefits while out on the 12 weeks of leave, could pursue a claim against the employer seeking compensatory damages, injunctive relief, declaratory relief, punitive damages, and attorney’s fees.
For more information including the legislative voting record, visit CalChamber’s Top Story.
Staff Contact: Jennifer Barrera