ARTICLE
7 April 2016

New SF Paid Parental Leave Law & A Historical Retrospective

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I had the pleasure of attending the dedication of (former SF Mayor) Willie L. Brown, Jr.'s archive to San Francisco State University Library on April 4, 2016.
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We have come a long way!

I had the pleasure of attending the dedication of (former SF Mayor) Willie L. Brown, Jr.'s archive to San Francisco State University Library on April 4, 2016.  One of his manila folders was labeled "Labor/Employment," and in it, an article entitled "California Upheld on Denial of Disability Pay for Pregnancy" from 1974 sat on the top of the compilation.

This article written by Linda Mathews, discussed the U.S. Supreme Court case, Geduldig v. Aiello, 417 U.S. 484 (1974).  U.S. Supreme Court Justice Ruth Bader Ginsburg (a law professor at Columbia at the time) was quoted as saying, "This decision has terrible implications" for working women, especially the low income earners.

The Geduldig case challenged California's disability insurance system which denied temporary disability pay to women with normal pregnancies. It is difficult to imagine that our State championed denial of coverage to pregnant women, but that was the convention of our thinking back in 1974.

Fast forward to the present, California has some of the most expansive laws covering pregnancy disability and paid family leaves.  San Francisco being at the forefront passed an ordinance on April 5, 2016, requiring employers to pay up to 6 weeks of fully paid time off for new parents.  California is already one of the few states that offer paid parental leave, where workers receive 55% of their pay from the state's Worker's Compensation insurance program. Under the new ordinance, San Francisco employers are required to fund the remaining 45% of the pay for up to six weeks.

This new law will take effect January 2017:  employers with 35 employees or more must comply by July 1, 2017, and employers with 20 or more employees must comply by January 2018.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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