Firefighter postpartum and recovery leave., the official text

An act to add Article 5 (commencing with Section 290) to Chapter 1 of Part 1 of Division 2 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the Healthy Workplaces, Healthy Families Act of 2014, entitles an employee who works in California for the same employer for 30 or more days within a year from the commencement of employment to paid sick days. Under existing law, an employee accrues paid sick days at a rate of not less than one hour per every 30 hours worked, subject to certain use, accrual, and yearly carryover limitations.
This bill would entitle active firefighting members of specified fire departments who, after 20 weeks of gestation, give birth or have a stillbirth or miscarriage to 26 weeks of fully paid postpartum and recovery leave, provided that the member has at least 1,250 hours of service with the fire department in the 12-month period before the date of the childbirth, stillbirth, or miscarriage. The bill would require the leave to be granted without regard to employment classification and to begin immediately upon the date of the childbirth, stillbirth, or miscarriage. The bill would require a firefighter on postpartum and recovery leave to be compensated at the firefighter’s regular rate of pay and would require all benefits to continue to accrue during the leave, as specified. The bill would require a firefighter returning from postpartum and recovery leave to be restored to their prior position, as provided. The bill would request a fire department of the University of California to comply with these provisions.

The people of the State of California do enact as follows:

SECTION 1.
The Legislature finds and declares all of the following:
(a) The Commission to Recruit Women for the Fire Service was created in 2005 by the California Firefighter Joint Apprenticeship Committee and the goals of the commission include expanding outreach and education to women of all ages about careers in the fire service and ensuring that fire departments reflect the communities that they serve.
(b) While the profession of firefighting presents health and safety hazards for all firefighters, these hazards can present unique health challenges and outcomes for women.
(c) Fire agencies have been working to diversify their workforce, but structural barriers, including inadequate parental leave, have contributed to gender inequity and workforce attrition among firefighters who give birth.
(d) Postpartum recovery is a medical necessity, not a personal convenience, and requires sufficient time free from hazardous duty to protect the health of the firefighter and infant.
(e) Ensuring robust postpartum leave for firefighters improves public safety by reducing injury, preventing premature return to hazardous duty, and strengthening retention in an essential profession.

SEC. 2.
Article 5 (commencing with Section 290) is added to Chapter 1 of Part 1 of Division 2 of the Labor Code, to read:
5.
Firefighter Postpartum and Recovery Leave290.
(a) (1) This section applies to active firefighting members of all of the following fire departments:
(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B) A fire department of the California State University.
(C) The Department of Forestry and Fire Protection.
(D) A county forestry or firefighting department or unit.
(E) A fire department that serves a United States Department of War installation and who is certified by the United States Department of War as meeting its standards for firefighters.
(F) A fire department that serves a National Aeronautics and Space Administration installation and who adheres to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(G) A fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Regulations and is trained on the standards of Section 139.319 of Title 14 of the Federal Code of Regulations.
(2) A fire department of the University of California is requested to comply with this section.
(b) A firefighter who, after 20 weeks of gestation, gives birth or has a stillbirth or miscarriage shall be entitled to 26 weeks of fully paid postpartum and recovery leave if they have at least 1,250 hours of service with the fire department in the 12-month period before the date of the childbirth, stillbirth, or miscarriage. The leave shall be granted without regard to employment classification and shall begin immediately upon the date of the childbirth, stillbirth, or miscarriage.
(c) A firefighter on postpartum and recovery leave shall be compensated at the firefighter’s regular rate of pay.
(d) All benefits, including health coverage, retirement contributions, seniority, promotional eligibility, and step increases, shall continue to accrue during the postpartum and recovery leave as if the firefighter were actively working.
(e) An employing entity shall not require a firefighter to exhaust sick leave, vacation, or compensatory time during the postpartum and recovery leave.
(f) A firefighter returning from postpartum and recovery leave shall be restored to their prior position or a position of equivalent rank, pay, schedule, station assignment, and promotional trajectory.
(g) This section establishes a statewide minimum standard and shall not be construed to preempt or limit any collective bargaining agreement or local policy providing greater rights or benefits.