Articles Posted in Parental Leave

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This summer, New York State finalized the regulations for New York’s new Paid Family Leave Benefits Law (PFL), which goes into effect on January 1, 2018. The PFL will expand New York’s existing Disability Benefits Law to provide paid leave for nearly all private employees in New York State to cover time spent caring for a new child, caring for a family member with a serious health condition, or assisting loved ones while a family member is deployed abroad on active military duty, with the guarantee that an employee who takes leave will be able to return to their job and continue their health insurance.

While polls indicate that Americans largely support paid family leave policies, no federal statute entitles employees to paid family leave, and only five states other than New York—California, New Jersey, Rhode Island, Washington, and Washington, D.C.—have state-level paid family leave laws. According to last year’s National Compensation Survey, an annual survey conducted by the U.S. Bureau of Labor Statistics, only 14% of civilian workers in the U.S. had access to any paid family leave whatsoever. And of those, higher-wage white-collar workers are much more likely to have access to paid family leave; 37% of those employed in the finance and insurance sectors have paid family leave benefits, in comparison to 5% and 6% of workers in the construction and hospitality industries, respectively.

The federal Family and Medical Leave Act (FMLA), which allows employees to take up to 12 weeks of leave to care for a new child or for a family member with a serious health condition, provides access to family leave for many U.S. workers. But FMLA leave is unpaid, is not available for employees of smaller businesses, and is only available to employees who meet certain requirements. A significant percentage of U.S. employees therefore aren’t covered by the FMLA, and even those who are covered often aren’t able to afford the hit to their income an extended period of unpaid leave would cause.

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Currently, there is no U.S. federal statute requiring employers to provide their employees paid family or medical leave. This year, with less than two weeks until the 2016 election, both candidates have set forth plans for paid family leave for the first time in a U.S. presidential election. Paid family leave is an issue which affects millions of voters, but has received comparatively little attention in the media and, until now, hasn’t been supported by a Republican presidential candidate.

The Family and Medical Leave Act of 1993 (FMLA) is a federal statute which entitles eligible employees to take 12 weeks of unpaid, job-protected leave within a 12-month period due to the employee’s own serious health condition, to care for a family member with a serious health condition, or to care for a new child. According to the Department of Labor, the FMLA is “designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons.”

However, the FMLA comes with conditions. In order to be eligible for FMLA leave, an employee must work for a private-sector employer with 50 or more employees, a public agency, or a public or private elementary or secondary school, meaning that many employees of small businesses aren’t covered by the FMLA. In addition, even employees of covered employers are only eligible for FMLA leave if they have worked for the employer for at least 12 months—including at least 1,250 hours during the 12-month period immediately before the leave. Complicating the situation yet further, many employees, especially low-wage workers, can’t always afford to take unpaid leave. And even those employees who do take FMLA leave often report difficulties making ends meet during their time away from work.

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