Sunday, November 27, 2022

CalChamber Announces Leave Mandate as Job Killer

Proposal Will Devastate Small Business in California

The California Chamber of Commerce this week announced that SB 1383 (Jackson; D-Santa Barbara) has been identified as a job killer bill. The bill proposes a mandatory 12-week leave of absence on any employer with one or more employees and would overwhelmingly hurt the state’s smallest employers.

More than 85 associations that represent thousands of employers have joined CalChamber in opposing the measure.

Action Alert
Contact your legislator NOW
and request that they vote
NO on SB 1383

“Now is not the time to place costly burdens on employers who are struggling to reopen and rebuild,” said Jennifer Barrera, CalChamber executive vice president. “To be clear, the bill is not limited in scope to only address COVID-19. It would disproportionately impact the smallest of employers in California at a time when they can least afford it. SB 1383 will put California’s small businesses out of business.”

Litigation Threat

The bill is further deemed a job killer due to the threat of litigation it poses. SB 1383 includes a private right of action that will result in increased litigation costs for employers who must defend themselves in court even for unintentional mistakes.

As written, the bill currently allows any employee to sue their boss if they believe the employer did not correctly administer the leave, interfered with the leave, or denied the leave.

CalChamber’s opposition also turns on the fact that SB 1383 will impose a significant administrative burden on employers and drive up their costs.

Even though the leave prescribed in SB 1383 is unpaid, employers must still pay to train and hire temporary help to cover the workload of the employee who is on leave or pay overtime if they shift work to other workers. Further, the employer also may be required to maintain the health benefits of any employee out on an unpaid leave.

Expands Leave Amount

Finally, CalChamber has also identified the fact that large employers will be seriously impacted by the proposal. For employers with 50 or more employees, SB 1383 will expand the amount of protected leave an employee may take to half a year.

The measure changes requirements for qualifying for the California Family Rights Act (CFRA) leave by amending the definition of family member for whom the employee can take leave.

This creates non-conformity between the qualifying requirements for the federal Family and Medical Leave Act (FMLA) and CFRA. As such, an employee who already took 12 weeks of leave under CFRA may also be able to qualify for a subsequent 12 weeks of leave under FMLA should the measure become law.

A copy of CalChamber’s letter in opposition can be found online.

Action Needed

CalChamber members are urged to call or email their legislators immediately to ask that they vote no on SB 1383.

See the action alert.

Staff Contact: Jennifer Barrera

Jennifer Barrera
Jennifer Barrera
Jennifer Barrera took over as president and CEO of the California Chamber of Commerce on October 1, 2021. She has been part of the CalChamber team since 2010 and stepped into the top position after serving as CalChamber executive vice president, overseeing the development and implementation of policy and strategy for the organization, as well as representing the CalChamber on legal reform issues. Barrera is well-known for her success rate with the CalChamber’s annual list of job killer legislation, efforts to reform the Private Attorneys General Act (PAGA) and leadership working with employers on critical issues, including most recently those arising from the COVID-19 pandemic. In addition, she advises the business compliance activities of the CalChamber on interpreting changes in employment law. Barrera earned a B.A. in English from California State University, Bakersfield, and a J.D. with high honors from California Western School of Law. See full bio

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