House Bill 25-471

SENATE:

• Betty Brinkerhoff

HOUSE OF REPRESENTATIVES:

• Isaac Mitchell

• Sara Howell

• Ernesto Wilkerson

SECTION 1. SHORT TITLE.

This Act may be cited as the "San Andreas Paid Maternity Leave and Family Prosperity Act of 2025".

SEC. 2. FINDINGS AND PURPOSE.

The State of San Andreas, a vibrant hub of commerce and culture, must support its citizens in the most critical moments of their lives.

The birth of a child is a monumental event, and new mothers should not be forced to choose between caring for their newborn and financial stability.

Providing paid maternity leave is a common-sense policy that strengthens families, boosts the local economy, and ensures that the next generation of San Andreas citizens gets a healthy start.

This legislation will level the playing field, ensuring that all hardworking citizens, all across the state, have the same opportunity to thrive and that being in labor and caring for a newborn will not affect the family economically. 

The purpose of this Act is to establish a statewide standard for paid maternity leave, ensuring that all eligible employees have the financial security to care for and bond with a newborn child.

SEC. 3. DEFINITIONS.

In this Act:

(a) "Eligible employee" means an employee who has been employed for at least 1,250 hours of service with a covered employer during the previous 12-month period.

(b) "Covered employer" means any person, corporation, or organization within the State of San Andreas that employs 50 or more employees for each working day during each of 20 or more calendar weeks in the current or preceding calendar year.

(c) "Paid maternity leave" means leave for the birth of a child and to care for the newborn child within one year of birth.

SEC. 4. ESTABLISHMENT OF PAID MATERNITY LEAVE.

(a) IN GENERAL: A covered employer shall provide an eligible employee up to two months (8 weeks) of paid maternity leave during the 12-month period following the birth of a child.

(b) RATE OF PAY: Paid maternity leave shall be compensated at a rate of not less than 67% of the employee’s average weekly wage, not to exceed a weekly cap determined by the State Department of Labor and Commerce. The Department shall establish the cap based on the statewide average weekly wage.

(c) USE OF LEAVE: Paid maternity leave may be taken intermittently with the approval of the employer, provided that the leave is used within the 12-month period following the birth of a child.

(d) JOB PROTECTION: An employee who takes paid maternity leave under this Act shall be entitled, upon return from leave, to be restored to the position of employment held by the employee when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

SEC. 5. PROHIBITIONS.

(a) PROHIBITION ON INTERFERENCE WITH RIGHTS: It shall be unlawful for any covered employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this Act.

(b) PROHIBITION ON DISCRIMINATION:  It shall be unlawful for any covered employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this Act.

SEC. 6. ENFORCEMENT.

(a) IN GENERAL: The San Andreas Department of Labor and Commerce shall have the authority to investigate and enforce compliance with this Act.

(b) CIVIL ACTION BY EMPLOYEES: An employee may bring a civil action in the San Andreas Superior Court against any employer who violates the provisions of this Act.

(c) RELIEF: Any employer who violates this Act shall be liable to the employee for damages equal to the amount of any unpaid wages, benefits, or other compensation denied or lost by reason of the violation, plus interest.

SEC. 7. FUNDING.

The Department of Labor and Commerce, in consultation with the State Treasury, shall conduct a study and report to the Legislature within one year of the enactment of this Act on potential funding mechanisms for the paid maternity leave program, which may include, but are not limited to, a small employer contribution, employee payroll deduction, or general revenue funding.

EFFECTIVE DATE

SECTION 8. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to Article II, Section 15 of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

Bill Text