Category Archives: Leave Programs

Designing Universal Family Care: State-Based Social Insurance Programs for Early Child Care and Education, Paid Family and Medical Leave, and Long-Term Services and Supports

Source: Benjamin W. Veghte, Alexandra L. Bradley, Marc Cohen, Heidi Hartmann, eds., National Academy of Social Insurance, June 2019

From the abstract:
This report explores strategies that states could pursue to better support families in meeting evolving care needs over the lifespan. The first three chapters of the report explore the challenges families face in the realms of early child care and education (ECCE), paid family and medical leave (PFML), and long-term services and supports (LTSS). For each care domain, the panel identifies policy options along with the tradeoffs associated with specific policy choices; this is done within the context of assuring universal access, affordability, and financial stability through well-defined financing mechanisms. The concluding chapter explores how an integrated approach to care policy might be designed—one offering families a single point of access to ECCE, PFML, and LTSS benefits—under an umbrella program called Universal Family Care. Each chapter outlines challenges that states would need to navigate regarding how a new social insurance program would relate to existing federal and state care programs. Each chapter also addresses implementation considerations.

This analysis was developed over a year of deliberations by a Study Panel of 29 experts in care policy from a variety of perspectives. The report does not include recommendations but instead identifies the building blocks and tradeoffs associated with a range of options in the design of a state-based social insurance program. While there are other approaches for improving care supports, this report focuses specifically on social insurance solutions. As well, while there is nothing that precludes such approaches from being adopted at the national level, the focus of this analysis is on the potential for state action. Although addressed primarily to state policymakers, this analysis should be of interest to providers, advocacy organizations, insurers, administrators, and federal policymakers, as well as to any person interested in these issues.

Related:
press release

Paid Parental Leave: On The Table

Source: Rob Taylor, Employment Alert, Volume 36 Issue 12, June 13, 2019
(subscription required)

Doubtless, teachers have taken notice. Last year Delaware Gov. Carney approved a new law giving state workers—including educators—12 weeks of paid parental leave. That’s dramatically different from the situation nationwide where just a few states offer that benefit. Also, the United States is widely known to be one of the least responsive of developed nations in this regard, a somewhat surprising occurrence given the push in this country to find creative solutions to the large, ongoing problem of teacher shortage.

In most places in the U.S., according to an EdWeek series, since teachers do not have paid time off related to pregnancy and birthing, they first use accumulated sick days to stay home with their newborn, and then go to unpaid leave, getting back to the classroom and a needed paycheck as rapidly as possible.

Related:
With No Paid Parental Leave, Many Teachers Return to Class Before They’re Ready
Source: Madeline Will, EdWeek, April 1, 2019
(subscription required)

Is Mandatory Vacation Leave On The Horizon?

Source: Maureen Minehan, Employment Alert, Volume 36 Issue 6, March 18, 2019
(subscription required)

Could you be forced to provide employees with 10 days of paid leave every year? That’s exactly what New York City Mayor Bill de Blasio is calling for. In January, he announced his intention to introduce legislation requiring private employers with five or more employees to provide at least 10 paid personal days each year to full- and part-time workers. If the measure passes, more than 500,000 employees would gain the ability to take paid vacation, de Blasio says.

Did California Paid Family Leave Impact Infant Health?

Source: Ariel Marek Pihl, Gaetano Basso, Journal of Policy Analysis and Management, Volume 38 Issue 1, Winter 2019
(subscription required)

From the abstract:
The effects of paid parental leave policies on infant health have yet to be established. In this paper we investigate these effects by exploiting the introduction of California Paid Family Leave (PFL), the first program in the U.S. that specifically provides working parents with paid time off for bonding with a newborn. We measure health using the full census of infant hospitalizations in California and a set of control states, and implement a differences‐in‐differences approach. Our results suggest a decline in infant admissions, which is concentrated among those causes that are potentially affected by closer childcare (and to a lesser extent breastfeeding). Other admissions that are unlikely to be affected by parental leave do not exhibit the same pattern.

We’re Pregnant: New State Law Protections for Pregnant Employees

Source: Theresa A. Kelly and Alba V. Aviles, Employee Benefit Plan Review ,Vol. 72, No. 12, November/December 2018
(subscription required)

Several states across the country (including most recently Connecticut and Massachusetts) have enacted legislation that provides additional protections to pregnant employees. In these laws, pregnancy is broadly defined to include not only pregnancy, but also childbirth and related conditions (such as lactation and expressing milk for a nursing child).

Many of these laws require an employer to reasonably accommodate a pregnant employee unless the employer can demonstrate that doing so would result in undue hardship—a difficult standard to meet. This article provides an overview of the recently enacted legislation in Connecticut and Massachusetts, as well as similar requirements in New Jersey and New York. ….

How Unions Help Moms Take Maternity Leave

Source: Jonathan Timm, The Atlantic, October 29, 2018

Besides fighting for workers’ benefits, unions can influence whether workers take advantage of the ones already available to them, a new study shows.

Related:
Labor Unions Help Employees Take More Paid Maternity Leave
Source: Vanderbilt University – Owen Graduate School of Management, Press release, September 20, 2018

Union-represented working mothers are at least 17 percent more likely to use paid maternity leave than comparable nonunion working mothers Facilitating working mothers’ use of paid maternity leave is a key issue for policymakers and workers in many countries. And the United States is far behind in this global movement; the United States is the only industrialized nation that lacks universal paid leave for new parents, although there are now a very small number of state-based programs and many employer-provided plans.

…. Park, in new research to be published in the Industrial and Labor Relations Review, breaks down the leave-taking decision into four key steps:
– Availability: The policy needs to be available,
– Awareness: the worker needs to be aware of it,
– Affordability: the worker needs to believe she can afford to take a leave, and
– Assurance: the worker needs to have implicit or explicit assurances that taking paid leave is unlikely to result in negative consequences…..

Southern Cities Are Passing Paid Sick Leave—But Republicans Won’t Let Them Have It

Source: Bryce Covert, In These Times blog, August 24, 2018

…. It’s a growing trend in legislatures controlled by Republicans. At least 25 states have passed preemption laws that block cities from raising the minimum wage, and 20 have banned cities from instituting paid sick leave. The majority of these laws have been enacted since 2013 and advocates for higher workplace standards say the trend is only accelerating. ….

When Will the U.S. Finally Act Boldly on Paid Family Leave?

Source: Maya Uppaluru, Harvard Business Review, August 13, 2018

…. It is time for the U.S. to join the rest of the developed world in providing paid parental leave. Politicians on both sides of the aisle are finally starting to recognize that the current system places American parents in an impossible position. None of them would provide what I think is adequate: six months of paid leave per parent. (Six months is the recommendation of the president of the American Academy of Pediatrics as well.) ….

Navigating the Maze of State and Local Employment Laws Concerning Sick Time and Family Leave, Criminal and Salary History Checks, Pregnancy and Lactation Accommodation, and Anti-Discrimination Protection for Medical Marijuana Users

Source: Alan D. Berkowitz, J. Ian Downes, and Jane E. Patullo, Employee Relations Law Journal, Vol. 43, No. 4, Spring 2018
(subscription required)

This article provides a brief overview of some of the major trends in employment law regulation at the state and local level.

State and local laws have long been an integral part of the web of laws that regulate the workplace. Among other things, such laws have for many years expanded the scope and reach of anti-discrimination laws, and imposed complex requirements concerning the payment of wages and other compensation issues. In recent years, however, state and local legislators seem to have widened their gaze to expand regulation into numerous new areas, including family and sick leave laws, prohibitions on consideration of criminal histories and prior salary information, and protection of the rights of pregnant and breastfeeding employees. Additionally, the dramatic proliferation of medical marijuana laws in many states has brought with it numerous challenges and issues in the employment area. This article provides a brief overview of some of the major trends in employment law regulation at the state and local level.

Stepping Up: New Policies and Strategies Supporting Parents in Low-Wage Jobs and Their Children – An Update to Set Up for Success

Source: National Women’s Law Center, August 2018

From the summary:
In recent years, the policy landscape at the federal level and in some states has in many ways become extraordinarily inhospitable to families—especially immigrant families—who are struggling to make ends meet and provide for their children. Far too many families find themselves set up to fail, with millions of parents across the country working in jobs in which low wages, unfair scheduling practices, and minimal benefits make it difficult to meet both work and caregiving responsibilities. And the parents most likely to work in low-wage jobs are women—disproportionately women of color and immigrant women—who are often raising very young children on their own.

Against this backdrop, however, it is all the more important to recognize that a substantial number of states, localities, and private actors—from working people to community-based organizations to large companies—have taken important steps in the past two years to improve the lives of low-wage working parents and their children.

Stepping Up: New Policies and Strategies Supporting Parents in Low-Wage Jobs and Their Children provides examples of the ways in which different stakeholders have implemented new policies, practices, and strategies to advance the key goals outlined in the National Women’s Law Center’s June 2016 report, Set Up for Success:
– Increase parents’ incomes.
– Ensure parents are treated fairly in the workplace and have stable, predictable work schedules.
– Expand children’s access to high-quality, affordable child care and early education.
– Increase parents’ access to paid sick days and paid family and medical leave.
– Improve parents’ opportunities to obtain education and training that can help them advance into better jobs.