Several controversial changes to laws affecting California's employees and employers will go into effect 2012. Complying with these changes is up to employers. Even some affected workers may not be fully apprised of the changes that would benefit them.
How does SB 299 affect women on pregnancy disability leave?
Signed by Calif. Gov. Jerry Brown on Oct. 6, SB 299 - as outlined by the state's Legislative Counsel - deals with pregnancy disability leave. Whereas it was previously possible for an employer to cease group health plan payments on behalf of an employee on this type of leave, if certain conditions were met, the business is now prohibited from doing so. In the past, only employers with 50 or more workers were required to follow the old rule for up to 12 weeks; now, the law also affects small businesses with as few as five employees. At the same time, the law increases the time from three months to four. The law takes effect on Jan. 1.
What changes does SB 222 implement for health insurers doing business in Calif.?
Also signed by Gov. Brown on Oct. 6, SB 222 takes effect on July 1. Health insurance companies that do business in Calif. must now provide maternity coverage. The services that the Golden State's insured will receive under this umbrella term include "prenatal care, ambulatory care maternity services, involuntary complications of pregnancy, neonatal care, and inpatient hospital maternity care, including labor and delivery and postpartum care." It is no longer possible to write individual health policies and omit maternity coverage.
How does AB 887 change California's definition of gender?
Signed by the governor on Oct. 9, AB 887 directly impacts the Fair Employment and Housing Act. It changes the definition of gender to include both gender identity and gender expression. The expansion of the definition will affect dress codes currently in operation by California's employers. As such, businesses may not discriminate against a worker who does not dress according to stereotypical gender specifications, if the employee does not identify with the gender received at birth.
What does AB 1236 mean for cities and counties where employers use E-Verify?
Also signed into law on Oct. 9, AB 1236 permits employers to voluntarily use E-Verify. Even so, city or county governments may not mandate its use to curb the hiring of undocumented workers. Citing annual training costs of $2.7 billion, almost all of which would have had to be paid by small businesses, the legislature explained that at this time of economic weakness, this expense is unwise.
Sylvia Cochran is a Los Angeles area resident with a firm finger on the pulse of California politics. Talk radio junkie, community volunteer and politically independent, she scrutinizes the good and the bad from both sides of the political aisle.
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