| The Family Medical Leave
Act — Family Friendly
Workplaces On April 26th the business section of The
Washington Post reported that the
Department of Labor (DOL) may propose changes to the 1993 Family and Medical
Leave Act (FMLA). Possible changes could affect many of the protections the law
provides to the country's workers and their families.
The 1993 opponents to FMLA are the same groups that are reportedly pressuring
the Bush Administration to weaken the law by eliminating some of the circumstances
in which employees may take unpaid leave, and by restricting the use of intermittent
leave. (Intermittent leave is often needed for ongoing medical treatments and
is taken in small amounts over time.)
Enacted during the Clinton Administration, the FMLA guarantees eligible employees
up to 12 weeks of unpaid job-protected leave for a serious illness to care for
a seriously ill family member, or to care for a newborn or newly adopted child.
With the FMLA, fewer workers have had to choose between job and family.
The Washington Post says that no one at the DOL is willing to come forward
to deny that detrimental changes may be coming. The DOL has said that it is only
looking at regulations governing notice for leave time after a 2002 U.S. Supreme
Court decision. That decision relaxed employers' notification obligations to
employees, but not on further changes.
Congress has several bills pending in various committees that are designed
to amend the FMLA to include families and persons who were not originally covered,
as well as to affirm the need for it.
Family and Medical Leave Expansion Act (S 282)
Introduced by Sen. Dodd (D-CT) with 12 Co-Sponsors. The findings section of
S 282 indicates that since the enactment of the FMLA of 1993, more than 50,000,000
Americans have taken leave for family or medical reasons. Fifty-two percent,
of them took the leave for their own serious health conditions, and 26 percent
took the leave to care for a new child or for maternity disability reasons.
While the leave provided by the FMLA has proven to be a critical resource
for millions of Americans, too many people are left behind, for the Act provides
only unpaid leave. According to a 2000 Department of Labor survey, 3,500,000
Americans needed family and medical leave but could not afford to take time off
without pay. Nearly four-fifths (78 percent) of those surveyed who needed the
leave but did not take it said they could not afford unpaid leave. Nine percent
of those taking family and medical leave and receiving less than full pay during
their longest period of the leave had to go on public assistance to cover their
lost wages.
New Parents
Decades ago, only a tiny fraction of mothers with infants under age one was
in the workforce. In 2004, about 55 percent of mothers with infants under age
one was in the workforce. Worldwide, 128 countries of the 172 responding to an
International Social Security Association survey in 1999 provided at least some
paid and job protected maternity leave, and, on average, provided 16 weeks of
basic paid maternity leave. In some countries, paid maternity leave is mandatory
and in others it is voluntary.
A European Union directive mandating 14 weeks of paid maternity leave was
adopted as a health and safety measure in 1992. Among the 29 Organization for
Economic Cooperation and Development (OECD) countries, the most advanced industrialized
countries, the average period of childbirth-related leave (including maternity,
paternity, and parental leaves) is 44 weeks (10 months) with more time provided
in some countries for leave to care for a sick child. In those countries, the
average duration of paid childbirth-related leave is 36 weeks. In more than half
of the OECD countries, the cash benefit provided while on the paid childbirth-related
leave replaces between 70 and 100 percent of prior wages. Among the OECD countries,
adoptive mothers and adoptive parents are increasingly eligible for the paid
childbirth-related leave.
Demonstration Projects
Sen. Dodd's bill is designed to show Congress and the general public that
the United States is not measuring up to other industrialized nations when it
comes to family leave policy. U.S. workplace leave policies are not as family
friendly as some other nations. One section of S282, is sub- titled the 'Family
Income to Respond to Significant Transitions Insurance Act.' Its purposes are
to establish a demonstration program that supports the efforts of States and
other levels of government to provide partial or full wage replacement, often
referred to as first insurance. It would allow new parents to spend time with
a new infant or newly adopted child.
The Secretary of Labor, acting after consultation with the Secretary of Health
and Human Services, shall make grants to eligible entities to pay for the Federal
share of the cost of carrying out projects that assist families by providing
wage replacement for eligible individuals who are responding to care giving needs
resulting from birth or adoption; or other family care giving needs.
The Secretary shall make these grants for periods of five years to eligible
entities. To be eligible to receive a grant, an entity shall be a State or local
government agency. In general, an entity receiving a grant may use the funds
to provide partial or full wage replacement to eligible individuals. This can
be directly or through an insurance program, such as a State temporary disability
insurance program or the State unemployment compensation benefit program; or
through a private disability or other insurance plan, or other mechanism provided
by a private employer.
In carrying out a project, the entity shall provide partial or full wage replacement
to eligible individuals for not less than six weeks during a period of leave,
or an absence from employment, during any 12-month period. No entity may use
more than 10 percent of the total funds during the five-year period to pay for
the administrative costs relating to a project. To be eligible, an individual
shall meet such eligibility criteria as the eligible entity providing the wage
replacement may specify in an application, and is taking FMLA.
State and local government agencies would apply to the Secretary of Labor
for these funds. The Secretary may require, including, at a minimum:
- A project plan;
- A demonstration that consultation took place with representatives of employers
and employees, including labor organizations, in developing it;
- Costs and benefits estimates;
- The number and type of families to be covered, and the extent of coverage
area served and information on any criteria or characteristics that will be used
to determine whether an individual is eligible for wage replacement.
Applicants also need to state if the project will expand on State and private
systems of wage replacement for eligible individuals: How money will assist families
where an individual takes leave; and an assurance that the applicant will participate
in efforts to evaluate the project's effectiveness.
In selecting entities to receive grants, the Secretary shall take into consideration
the scope of the proposed projects; the cost-effectiveness, feasibility, and
financial soundness of the proposed projects; the extent to which the proposed
projects would expand access to wage replacement in response to family care giving
needs, particularly for low-wage employees, in the area served by the grant;
and the benefits that would be offered to families and children from the proposed
projects; and to the extent feasible, select entities proposing projects that
utilize diverse mechanisms, including expansion of State unemployment compensation
benefit programs, and establishment or expansion of State temporary disability
insurance programs, to provide the wage replacement.
The Federal share of the cost shall be 50 percent for the first year of the
grant period; 40 percent for the second year; 30 percent for the third year and
20 percent for each subsequent year. The non-Federal share of the cost may be
in cash or in kind, fairly evaluated, including plant, equipment, and services
and may be provided from State, local, or private sources, or other Federal sources.
Funds appropriated pursuant to the authority of this title shall be used to
supplement and not supplant other Federal, State, and local public funds and
private funds expended to provide wage replacement. S 282 suggests that there
be authorized and appropriated $400,000,000 for fiscal year 2006 and such sums
as may be necessary for each subsequent fiscal year to carry our this project.
Domestic Violence
A portion of the bill also addresses the needs of employment protection for
situations of domestic violence. It would give leave for meeting the needs that
often come with domestic violence and its effects. This has meant being unable
to attend or perform work due to an incident of domestic violence; or being able
to seek medical attention for or recovering from injuries caused by domestic
violence. Also needed may be time to seek legal assistance or remedies, including
communicating with the police or an attorney, or participating in any legal proceeding,
related to domestic violence. Additionally, obtaining services from a domestic
violence shelter, program or rape crisis center; obtaining psychological counseling
related to the experiences; participating in safety planning, including temporary
or permanent relocation; and in any other activity necessitated by domestic violence
that must be undertaken during the hours of employment involved.
Here, 'domestic violence' means domestic violence, and dating violence in
order to care for the son, daughter, or parent of the employee, if such son,
daughter, or parent is addressing domestic violence and its effects. Leave may
be taken by an eligible employee intermittently or on a reduced leave schedule.
In determining if an employee meets the requirements, the employer may require
the employee to provide-a written statement describing the domestic violence
and its effects; documentation of the domestic violence involved, such as a police
or court record, or documentation from a shelter worker, an employee of a domestic
violence program, an attorney, a member of the clergy, or a medical or other
professional, from whom the employee has sought assistance in addressing domestic
violence and its effects; or other corroborating evidence. All evidence provided
to the employer, shall be retained in the strictest confidence, except to the
extent that disclosure is requested, or consented to, by the employee for the
purpose of protecting the safety of the employee or a family member or co-worker
of the employee; or assisting in documenting domestic violence for a court or
agency.
Six Additional Bills
S 932 Healthy Families Act — Sen. Kennedy (D-MA) and 12 Co-Sponsors. This
bill is also attempting to help families when a health need is present. The bill
asserts that working Americans need to take time off for their own health care
needs or to perform essential caretaking responsibilities for a wide range of
family members, including, their children, spouse, parents, and parents-in-law,
other children and adults for whom they are caretakers. Kennedy's bill adds parents-in-law;
Senator Dodd's does not.
S 932 states that health care needs include preventive health care, diagnostic
procedures, medical treatment, and recovery in response to short- and long-term
illnesses and injuries. Providing employees time off to tend to their own health
care needs ensures that they will be healthier in the long run. Preventive care
helps avoid illnesses and injuries, and routine medical care helps detect illnesses
early and shorten their duration. When parents are available to care for their
children who become sick, children recover faster, more serious illnesses are
prevented, and children's overall mental and physical health are improved. Parents
who cannot afford to miss work and must send children with a contagious illness
to child care or school contribute to the high rate of infections in child care
centers and schools.
Providing paid sick leave improves public health by reducing infectious disease.
Policies that make it easier for sick adults and children to be isolated at home
reduce the spread of infectious disease. Routine medical care results in savings
by decreasing medical costs by detecting and treating illness and injury early,
decreasing the need for emergency care. These savings benefit public and private
payers of health insurance, including private businesses.
The provision of individual and family sick leave by large and small businesses,
both here in the U.S. and elsewhere, demonstrates that policy solutions are both
feasible and afford- able in a competitive economy. Measures that ensure that
employees are in good health themselves and do not need to worry about unmet
family health problems help businesses by promoting productivity and reducing
employee turnover. The American Productivity Audit found that presenteeism —
the practice of employees coming to work despite illness — costs $180,000,000,000
annually in lost productivity. Studies in the Journal of Occupational and Environmental
Medicine, the Employee Benefit News, and the Harvard Business Review show that
presenteeism is a larger productivity drain than either absenteeism or short-term
disability.
It is in the national interest to ensure that Americans from all demo- graphic
groups can care for their own health and the health of their families while prospering
at work.
Due to the nature of the roles of men and women in society, the primary responsibility
for family caretaking often falls on women, and such responsibility affects the
working lives of women more than it affects the working lives of men. Although
women are still primarily responsible for family caretaking, an increasing number
of men are taking on caretaking obligations, and men who request leave time for
caretaking purposes are often denied accommodation or penalized because of stereotypes
that caretaking is only 'women's work.' Employers' reliance on persistent stereotypes
about the 'proper' roles of both men and women in the workplace and in the home,
creates a cycle of discrimination that forces women to continue to assume the
role of primary family caregiver; and fosters stereotypical views among employers
about women's commitment to work and their value as employees. Employment standards
that apply to only one gender have serious potential for encouraging employers
to discriminate against employees and applicants who are of that gender.
The purposes of this Act are: to ensure that all working Americans can address
their own health needs and the needs of their families by requiring employers
to provide a minimum level of paid sick leave including leave for family care;
to diminish public and private health care costs by enabling workers to seek
early and routine medical care for themselves and their family members; consistent
with the provision of the 14th amendment to the Constitution relating to equal
protection of the laws and to promote the goal of equal employment opportunity
for women and men.
HR 279 Family and Medical Leave Protection Act of 2005
— Rep. Millender-McDonald
with no Co-Sponsors as of its January 6, 2005 introduction. The bill would amend
the FMLA to include nurse practitioners and domestic partners and to extend family
or medical leave for spouses employed by the same employer. It includes a domestic
or civil partner registered or recognized under the applicable domestic or civil
partnership State or local law.
HR 475 Family and Medical Leave Inclusion Act — Rep. Maloney (D-NY) and 44
Co-Sponsors. It would amend the FMLA to permit leave to care for a same-sex spouse,
domestic partner, parent-in-law, adult child, sibling, or grandparent if the
same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent
has a serious health condition. Introduced on February 1, 2005, it would give
leave and employment benefits protections for both the public and government
employees. Under this bill, same gender couples would need certification as determined
under applicable State law.
HR 476 Family and Medical Leave Enhancement Act of 2005
— Rep. Maloney (D-NY)
with 28 Co-Sponsors. It would amend the FMLA to allow employees to take, as additional
leave, parental involvement leave to participate in or attend their children's
and grandchildren's educational and extracurricular activities and to clarify
that leave may be taken for routine family medical needs and to assist elderly
relatives. Introduced on February 1, 2005, it would change the current exception
of workplaces with 'less than 50' employees to 'fewer than 25' employees.
S 798 Military Families Leave Act of 2005 — Sen. Feingold (D-WI) and six Co-Sponsors.
Introduced on April 14, it aims to amend the FMLA of 1993 to provide entitlement
to leave to eligible employees whose spouse, son, daughter, or parent is a member
of the Armed Forces and serving on active duty in a contingency operation.
HR 1589 Family and Workplace Balancing Act of 2005 — Rep. Woolsey (D-CA) with
42 Co-Sponsors. It would provide assistance for working families through: family
and medical care leave; expanded child care for young children and incentives
for child care providers; preschool, in-school, and after school nutrition and
education; temporary and part-time workers pension and health plan benefits;
and encouragement of business use of employee telecommuting. Introduced on April
13, 2005, its primary aim is to improve the lives of working families and to
encourage the establishment of family-friendly workplaces.
There are several bills noted in this publication. Each comes at the Family
Medical Leave Act of 1993 from a different perspective. Advocates may wish to
include more than one in any advocacy letter or email they write to their member
of the House or Senate. If the bills begin to come to the floor, there may be
a consolidation of the agreed upon amendments. Those with the greater support
may be the ones that remain and get voted on affirmatively.
At the very least, advocates may wish to advise their elected officials and
Secretary of Labor Elaine Chao that changing the FMLA would not be supportive
of families during times of need.
Individuals may also want to get the 2004 General Assembly approved policy
entitled, "Transforming Families" order number OGA-04-093 at (800)
524-2612. This includes a study guide on family issues. Also a 2001 paper on
Domestic Violence entitled, "Turn Mourning into Dancing," order number
OGA-01-018
Transforming Families
That the Presbyterian Washington Office (and other appropriate General Assembly
offices) convey these policy concerns to political leaders and church members;
and that they monitor legislation addressing these concerns, reporting to Presbyterians
when they have an opportunity to influence them.
Induce employers to offer more flexible work hours, more paid leave for the
care of dependent persons and child-related activities, more telecommuting options,
more possibilities for part-time jobs with prorated wages and benefits, family-supporting
wages for all workers, and more available, affordable, and flexible child care
programs. (Minutes, 2004, Part I, p. 759)
Recognize Civil Rights for Same-Gender Couples
The 216th General Assembly (2004) affirms the following statement;
Offers prayerful thanks for the Scriptures informing us that all persons
are created in the image of God (Gen. 1:27).
Affirms the Presbyterian Church's historic definition of the meaning of
marriage as "a civil contract between a woman and a man" (W-4.9001)
as quoted in a resolution of the 208th General Assembly (1996), Minutes, 1996,
I, 122).
Declares that all persons are entitled to equal treatment under the law
(Constitution of the United States of America); therefore
Urges state legislatures to change state laws to include the right of same-gender
persons to civil union and, thereby, to extend to them all the benefits, privileges,
and responsibilities of civil union, and urges all persons to support such changes
in state laws.
Urges the Congress of the United States of America to recognize those state
laws that allow same gender union and to change federal laws to recognize all
civil unions licensed and solemnized under state law to apply in all federal
laws that provide benefits, privileges, and/or responsibilities to married persons.
Domestic Violence
The Presbyterian Washington Office is directed to do the following:
- Monitor legislation involving domestic violence and related federal initiatives
and advocate the church's policy.
- Advocate support for daycare, shelters, social services, etc. that counteract
the rise of violence and abuse in society.
- Reaffirm the General Assembly's call to urge the United States Senate
to ratify the United Nations Conventions on the Elimination of all Forms of Discrimination
Against Women and on the Rights of the Child.
- Support policies, programs, and services that protect victims, hold offenders
accountable for their offenses, provide incarceration of and treatment for offenders
of domestic violence and advocate for support for members. (Minutes, 2001,
pp. 238-274)
Urge Presbyterians to:
Participate with ecumenical, interfaith, and other community agencies (e.g.,
shelters) to offer services and education, and advocate on these issues to develop
community-coordinated prevention and response programs. Other forms of assistance
could include providing services such as transportation, child care, chaplaincy,
and emergency clothing distribution.
Action
Write, call, and email the following to urge continued support for the FMLA
of 1993. You may indicate your wishes regarding its expansion to other categories
of individuals and the establishment of paid leave.
Contact:
President Bush
The White House
1600 Pennsylvania Ave., NW
Washington, D.C. 20500
(202) 456-1414
Department of Labor Secretary Elaine L. Chao
200 Constitution Ave., NW
Washington, D.C. 20210
(202) 693-6000
The U.S. Senate
Washington, D.C. 20510
(202) 224-3121
U.S. House of Representatives
Washington, D.C. 20510
(202) 224-3121
Distilled by Elenora Giddings Ivory, with excerpts drawn from bill descriptions
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