unfinished business: renewing the fight for paid leave ellen bravo, family values @ work gayle...
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Family Values @ Work 1
Unfinished Business:Renewing the Fight for Paid
Leave
Ellen Bravo, Family Values @ Work Gayle Goldin, State Senator, Rhode Island
A Brief History
Temporary Disability Insurance funds passed in 5 states – Rhode Island, New Jersey, New York, California, Hawaii
Pregnancy not includedNJ: lumped with injuries that were
“willfully self-inflicted or incurred during the perpetration of a high misdemeanor.”
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Background: 1976
Supreme Court says pregnancy has nothing to do with sex – not covered by Title VII
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Background: 1978
Pregnancy Discrimination Act:
can’t fire women for being pregnant – but you don’t have to hold their jobs.
pregnancy like other temporary disabilities – but most women work for firms with no short-term disability plans.
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Background: FMLA, 1993
•12 weeks leave to care for new child, seriously ill child, spouse or elderly parent, or personal illness
•Includes job guarantee and health insurance
•Broader than maternity – and includes men.
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Problems with the FMLA
Nearly half the private sector workforce isn’t covered
Doesn’t cover siblings, domestic partners
Doesn’t cover routine illness
It’s unpaid.
Which Countries Lack Paid Leave?
Bangladesh Botswana Brazil Cameroon Canada India Iran Mexico
Mongolia Netherlands Norway Papua New Guinea Sweden U.S. Zambia
How the US Stacks Up
100% Pay:• Bangladesh• Brazil• Cameroon• India• Netherlands• Norway• Sweden• Zambia
Partial Pay Canada – 50 weeks, 55% Botswana – 12 weeks 25% Iran, 16 weeks, 66% Mongolia – 17 weeks, 70%
No Pay Papua New Guinea U.S.
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What the Opponents Say…
Creating paid family leave will
destroy our economy and kill
jobs.
We are a country of family values. Motherhood is
scared. Children are our future. We honor seniors.
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What We Say…
Being a good parent, or a good child to your parents, shouldn’t jeopardize your financial security.
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A Family and Medical Leave Insurance Fund is a cost-effective way to make leave affordable.
A growing body of evidence shows FMLI is good for families, good for business and good for the economy.
What We Say…
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Dominant State Models: Existing Laws
Family Leave
Insurance Program
Temporary Disability Insurance (TDI)
Program
In place in Calif., N.J., R.I.
Built on top of existing TDI programs
Cover care for new children, seriously ill family members
Four weeks in R.I., six weeks in Calif. and N.J.
55–66 percent wage replacement
Job-protected in R.I.
In place for decades in Calif., Hawaii, N.J., N.Y. and R.I.
Cover own serious health condition, including pregnancy, childbirth and related medical conditions
26–52 weeks of partial wage replacement
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2015 Legislative Sessions: Diversity of Approaches
Insurance program/Employee contributions only
Colorado Connecticut Hawaii (2 bills, but one only covers workers in 100+ employee businesses) Illinois (only covers 50+ employee businesses) Maine (only covers 15+ employees businesses) New York Vermont
Insurance program/employee-employer shared contributions
Louisiana Maryland Minnesota Washington
Insurance program/employer contributions only
Massachusetts Missouri
General revenues model
New Mexico New York (hybrid, general revenues for first year, then employee contributions)
Employer requirement
Michigan (for employers with 50+ employees, parental only)
Tax Credit (voluntary, employer choice)
Arkansas Connecticut Minnesota (employer reimbursement for providing paid leave) North Dakota Oregon (employers with less than 50 employees only)
Savings Accounts (voluntary, employer choice)
Michigan (House Republican Agenda document)
Task Force/Study • Hawaii, Indiana, Minnesota, Nebraska, New Jersey, New Mexico, Oklahoma, • Tennessee (directing state application for DOL paid leave grant)
Goals: Key Principles/Features
Covers all workers, wherever they work regardless of business size
Covers workers when they change jobs
All participate
Gender-neutral, not just women
Broad leave purposes, not just new parents
Benefits calibrated to maximize uptake across income levels
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Protective of employees’ ability to use (job protection, non-retaliation)
Funding mechanism and source for start up funds specified/allocated
Build on existing law if possible to do that and stay true to principles
Build on rather than supplant, existing employer-provided leave, collective bargaining, etc.
With Principles in Mind, Key Choices
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Eligibility rules
Employee-employer shared cost vs. employee-only
Length of leave
Benefit structure – flat, tiered or percentage
Benefit level
Administrative agency selection or alternative administrative mechanism
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U.S. Department of Labor paid leave analysis grants: $1.25 million total (up to $250K for each grant) to states, cities of more than 100,000 people or Native American tribes of more than 50,000 people
OPPORTUNITY: DOL webinar Wednesday, 6/24. Applications due July 15.
President Obama’s proposed FY 2016 budget includes $2.2 billion to support the development of state paid family and medical leave programs and $35 million to support paid leave infrastructure
NEED: Contact federal legislators to ask for support in the appropriations process.
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State-Level Opportunities: Paid Leave Fund, DOL Grants
Resources
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Model State Paid Family Leave Statute (A Better Balance and National Partnership) – will be updated this summer
Paid Leave Research Studies (research compilation)
Work and Family Policy Database (list of state proposals and laws, by year, with bill number and links)
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What You Can Do: As Elected Leaders
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What You Can Do: Supporters
•Share stories.
•Bring in partners, including business owners, groups dealing with seniors, kids, health, etc.
•Contact elected officials.
•Organize in-district meeting with legislators.
•Support groups doing the grassroots work.
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For more information, contact:
Ellen Bravo, Family Values @ Work [email protected]
Web: familyvaluesatwork.com Twitter: @fmlyvalueswork Facebook: /familyvaluesatwork
Gayle Goldin [email protected] Twitter: @gaylegoldin
Family Values at Work