'Family caregiver' bill nixed in California

California governor Gavin Newsom has vetoed Assembly Bill 524, which would have added “family caregiver status” to the list of groups protected by the Fair Employment and Housing Act (FEHA).

The bill was one of two proposed by senator Buffy Wicks that would have increased rights and protections for those caring for “chosen” family members. The bills were being touted as LGBTQ-friendly as many members of the queer community are estranged from blood relatives, and are cared for by individuals they consider family.

In his memo to senators, Newsom cited ambiguous language as his main reason for rejecting the bill.

“During my tenure as Governor, I have consistently advanced policies to help parents and families, including expanding paid family leave and increasing the state's investment in childcare,” Newsom wrote. “While I appreciate the intent of this bill, I am concerned about the large burden it will place on employers, particularly small businesses, especially given the ambiguous nature of the language.”

Family caregiver bill would have led to ‘costly litigation,’ said Newsom

As HRD reported when the bill passed out of the senate and onto Newsom’s desk, the added protections would have circumvented similar laws already in place through the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), which give 12 weeks of leave to employees to care for family, including a “designated person”, which was added to the CFRA language last year.

“If you look down the road at where this is headed, it's really going to be the judiciary that's going to be shaping how this law impacts California and employers and employees,” L.A. employment lawyer Travis Jang-Busby told HRD.

Bill 524 one of four LGBTQ-friendly bills vetoed by Newsom this year

Bill 524 was one of the California Chamber of Commerce’s “job killer” bills it was tracking this year; in vetoing the bill, Newsom sides with business interests in protecting employers from litigation, reported The Bay Area Reporter.

On October 7, Newsom vetoed AB 1432 that would have ensured California workers employed by out-of-state companies still receive health benefit coverage for abortion and gender-affirming care.

“Although the bill does not require employers to provide ‘special accommodations’ based on ‘family caregiver status,’ it is not clear what types of acts would constitute unlawful discrimination and what types of acts would be lawful denials of ‘special accommodations’”, wrote Newsom.

“Given this ambiguity, this bill would be difficult to implement and lead to costly litigation for employers in California.”

Newsom has been approving and vetoing proposed bills before the October 14 deadline. Bills approved before the deadline take effect January 1, 2024.