Unfinished Business: Renewing the Fight for Paid Leave Ellen Bravo, Family Work Gayle Goldin, State Senator, Rhode Island Family Work1

A Brief History  Temporary Disability Insurance funds passed in 5 states – Rhode Island, New Jersey, New York, California, Hawaii  Pregnancy not included  NJ: lumped with injuries that were “willfully self-inflicted or incurred during the perpetration of a high misdemeanor.”

Background: 1976 Supreme Court says pregnancy has nothing to do with sex – not covered by Title VII Family Work3

Background: 1978 Family Work4 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.

Background: FMLA, 1993 Family Work5 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.

Problems with the FMLA Family Work6 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.

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. Family Work9

What We Say… Being a good parent, or a good child to your parents, shouldn’t jeopardize your financial security. Family Work10

 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. Family Values at Work11 What We Say…

12 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

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 14  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 15  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

16  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. 16 State-Level Opportunities: Paid Leave Fund, DOL Grants

Resources 17  Model State Paid Family Leave Statute (A Better Balance and National Partnership) – will be updated this summer Model State Paid Family Leave Statute  Paid Leave Research Studies (research compilation) Paid Leave Research Studies  Work and Family Policy Database (list of state proposals and laws, by year, with bill number and links) Work and Family Policy Database

What You Can Do: As Elected Leaders Family Work18

What You Can Do: Supporters Family Work19 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.

For more information, contact:  Ellen Bravo, Family Work   Web: familyvaluesatwork.com   Facebook: /familyvaluesatwork  Gayle Goldin   Family Values at Work20 Family Values at Work