February 12, 2021

After 28 Years, Pandemic Makes Federal Paid Family Leave a Possibility

As a recent story in the Washington Post reminded us, the last time family leave provisions were expanded in the US was mere weeks after Bill Clinton was inaugurated in 1993. The Family and Medical Leave Act provided unpaid leave for certain employees for family and medical reasons. And then, nothing. For 28 years. 

As we’ve pointed out often during the pandemic, the US remains the only OECD country without federal paid family and medical leave legislation, leaving employees to the caprice of employers and state laws for any job protection and ability to take time off to care for oneself or one’s family. The FFCRA provided temporary relief, but it has since expired, leaving parents and those caring for families out in the cold again. According to PL+US, strong federal paid leave laws would strengthen the economy while protecting employees from job loss during unexpected events, such as a global pandemic.

So, in early February Representative Rosa DeLauro of Connecticut and Senator Kirsten Gillibrand of New York reintroduced Gillibrand’s legislation, long overdue, to strengthen the false dawn of the Clinton-era FMLA. In addition to Gillibrand’s FAMILY Act, DeLauro, no stranger to putting issues of social reproduction at the forefront, is also pushing for an expansion to the child tax credit.

Under the FAMILY Act’s language, paid leave would provide 66% of a worker’s monthly salary, ranging from a minimum $250 to a maximum of $4,000, to be covered by a small, 0.2% wage tax. Such job protections would go a long way to ensuring workforce stability and reducing unemployment during periods of uncertainty. It would also contribute to protecting expectant and new mothers, who are often unfairly pushed out of the workforce because they need to care for their children.

We will be eagerly following along to see how Congress addresses this critical issue.

Berke-Weiss Law Weekly Roundup

July 6, 2020
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Here in New York, the governors of the tri-state area have formalized a quarantine for visitors from the hardest hit states while also mooting any chance of indoor dining in the foreseeable future, which mounting research indicates is a significant source of potential infectio

The Week in FFCRA Complaints

July 1, 2020
Pregnancy Discrimination
Paid Family Leave
Overall, we are beginning to see some patterns in the thematic nature of the complaints. Specifically, plaintiffs seem to be those whose employment has been terminated either after expressing concerns about workplace health and safety (e.g. improper distancing, lack of PPE, and not enforcing CDC-recommended quarantine procedures) and parents whose employment has been terminated because they were unable to locate appropriate childcare or family care.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

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