The Need for Paid Family Leave
The United States stands alone among industrialized countries in failing to guarantee workers paid family leave. When a loved one has a health crisis, or when a new child is born or adopted, far too many American workers are forced to take unpaid leave or exit the workforce altogether. Low-income workers and their families are especially vulnerable as they often lack the financial resources necessary to take advantage of unpaid time off.
The Family and Medical Leave Act
The federal Family and Medical Leave Act of 1993 (FMLA) requires employers to provide unpaid leave for up to 12 weeks for employees to care for a new child or seriously ill family member, to recover from one’s own serious health condition, or to deal with certain obligations (including childcare and related activities) arising from a spouse, parent or child being on, or called to, active duty in the military. The FMLA also provides up to 26 weeks of unpaid leave per year for workers whose spouse, child, parent or next of kin is a seriously ill or injured member of the armed services.
The FMLA has helped many working Americans balance the demands of work and family, by protecting their jobs while they take time off to recover from illness or care for loved ones. Yet the FMLA's reach is far too limited. Due to significant coverage gaps, approximately half of all workers are ineligible for FMLA leave. Furthermore, many workers who are covered by the FMLA cannot afford to take unpaid leave or do not know about their rights under the statute.
Click here to read more about the FMLA and your rights under the law.
Paid Family Leave in the States
Several states have passed paid family leave laws. In 2004, California became the first state to guarantee paid family leave, followed by New Jersey in 2008. Washington State has also passed a paid family leave law, which should be implemented in the fall of 2015.
In the 2011 federal budget, President Obama recommended $50 million of competitive grants to help states pay for paid family leave programs, and the Senate Appropriations Committee has voted to approve $10 million.
States with Paid Family Leave in Effect
California
Research has demonstrated the success of California’s paid family leave program and its positive impact on families and business. For an overview, see Leaves That Pay: Employer and Worker Experiences with Paid Family Leave in California, by Eileen Appelbaum and Ruth Milkman (Center for Economic and Policy Research, January 2011).
Click here to read the California Paid Family Leave Law, and click here to learn more about paid family leave in California.
New Jersey
In addition to California, the State of New Jersey has enacted a law to provide workers with paid family leave. A Better Balance has developed a comprehensive guide to family leave in New Jersey. Click here to access the guide and to get additional details regarding New Jersey's Paid Family Leave Insurance law.
Ongoing Efforts in Other States
New York
In 2012, the Family Leave Insurance Act (A.6289/S.7547) was introduced in the New York State Assembly and Senate. This critical legislation would provide workers with up to 12 weeks of paid leave—financed through small employee payroll contributions—to care for a new child or seriously ill family member. A family leave insurance bill passed the New York State Assembly in 2005 and 2007.
On June 12, 2012, A Better Balance and a diverse coalition of community organizations, unions, businesses, early childhood advocates, women's, senior and LGBT groups held a lobby day in Albany to meet with legislators about the bill. We are now preparing for a 2013 campaign to pass the Family Leave Insurance Act!
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Family Leave Insurance: Benefiting New York Businesses and Supporting Employees' Needs | Jan. 2013 |
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Family Leave Insurance: Supporting Working Families When They Need It Most (Stories by working New Yorkers about the need for family leave insurance.) | June 2012 |
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Family Leave Insurance: A Priority for Working Families in New York | May 2012 |
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Supporting LGBT Families: The Need for Family Leave Insurance in New York | Nov. 2011 |
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A Working Balance: Supporting New York City's Families Through Paid Leave (Report with Manhattan Borough President) | Jan. 2008 |
Washington
Washington passed a law in 2006 that will guarantee workers up to five weeks a year of paid leave to care for a newborn or newly adopted child. Without a clear funding route, implementation of the program has been delayed until the fall of 2015. However, advocates in Washington are proposing a bill that would expand and fund the current program; in addition to providing leave to care for a new child, an expanded program would provide leave for a worker’s own serious health condition or to care for a seriously ill loved one. We created a fact sheet to explain why this bill is so important to Washington's LGBT and HIV/AIDS communities.
Click here to read Washington's paid family leave law, and click here for more information on paid family leave in Washington.
Oregon
For more information on the Oregon campaign for paid family leave, please visit the website of Time to Care for Oregon Families.
Interested in Passing Paid Family Leave in Your State?
A Better Balance and the National Partnership for Women and Families have developed a model state paid family leave law. Please contact us for more information.
Learn More
- A Better Balance's Documents and Resources Library on Family Leave
- Raising the Global Floor: A World Legal Rights Database developed by Jody Heymann
- National Partnership for Women and Families
- Family Values @ Work
