California lawmakers may be on the verge of creating a new form of taxpayer-funded paid leave that goes beyond traditional pregnancy and maternity benefits to include paid leave for elective abortions. 

As part of Gov. Gavin Newsom's proposed budget, California teachers could soon receive up to 14 weeks of paid pregnancy disability leave. Supporters say the proposal would finally give teachers benefits similar to those available to many other workers.

But language in the bill also provides paid leave for "termination of pregnancy," raising questions about whether California could become the first state to provide taxpayer-funded paid leave for elective abortions.

Assembly Majority Leader Cecilia Aguiar-Curry authored the proposal in Assembly Bill 65.

As CBS California previously reported, the proposal comes after years of debate over teacher paid leave. Public school teachers, who operate under collective bargaining agreements, generally cannot participate in California's State Disability Insurance program, meaning they cannot collect the same pregnancy disability benefits available to many private-sector workers.

Now, after years of vetoes and failed legislation, Newsom is backing state-funded pregnancy leave for teachers. But the language of the bill extends beyond pregnancy and miscarriage.

CBS California Investigates asked Aguiar-Curry during a recent interview if it was the intent of Democratic leadership to provide up to 14 weeks of paid leave for elective abortion.

Aguiar-Curry acknowledged the language could become a flashpoint as the bill moves through the Senate.

"I think it could get amended. I'm hoping it doesn't, and now that you've brought it up and it's all over television, chances are I'm going to get more pressure to take it out," Aguiar-Curry said.

The bill currently does not appear to contain a specific annual cap on the number of pregnancy-related leave claims an employee could receive.

That concerns some lawmakers.

Republican Assemblymember David Tangipa was among 17 lawmakers, from both sides of the aisle, who declined to vote on the measure. 

"I'm very concerned with that portion of the bill, mainly because there is no cap," Tangipa said.

Tangipa also questioned how districts would verify eligibility while protecting employee privacy. He worried teachers would be forced to share personal information with school administrators. 

"I think it's overly intrusive," he said, noting teachers may have to effectively disclose abortions to administrators.  

The measure passed the Assembly with 62 bipartisan aye votes and now heads to the Senate.

Legislative expert and law professor Chris Micheli said lawmakers frequently include controversial provisions in bills during the early stages of the legislative process.

"Ninety-nine percent of all bills get amended in their second house," Micheli said, adding that lawmakers often include controversial provisions knowing they may later become bargaining chips.

In California's one-party supermajority, controversial clauses do sometimes become law. 

"We play a language game here in this state," Tangipa argued. 

"Things are snuck into a bill and then they just get through," he said. "I think that there's a reason why it was worked into the bill initially."

Aguiar-Curry says her primary goal remains securing paid pregnancy leave for teachers, even if portions of the bill are ultimately removed.

"If it is, so be it. I can live with it as long as I get the 14 weeks of paid leave for my teachers," she said.

The debate now moves to the California Senate, where lawmakers must decide whether to preserve, amend, or remove the abortion-related language before the bill reaches the governor's desk.

Related Coverage

Newsom reverses course on California teacher paid leave after years of vetoes

CBS News California Investigates: California teachers don't get paid family leave. Gov. Newsom vetoed a bill to change that.

Newsom expanded paid family leave for public employees, but teachers were excluded.

2019 Veto of AB 500

2024 Teacher Leave Bill (AB 2901)

Current Bill (AB 65)

2019 interview with Gov. Gavin Newsom