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.

NYS Announces Plan For New Sick Leave and Paid Leave in Response to COVID-19

March 18, 2020
Leave
Governor Andrew Cuomo announced legislation on March 17, 2020, creating emergency job protections and paid sick leave for workers affected by COVID-19.

What Employers and Employees Need to Know About the Families First Coronavirus Response Act

March 17, 2020
Leave
What employers and employees need to know about the Families First Coronavirus Response Act, including expansions to the Federal Family Medical Leave Act and provisions for paid sick leave.

Pregnant Women, COVID-19 and Work

March 12, 2020
Pregnancy Discrimination
Gender Discrimination
There currently is no scientific evidence that COVID-19 creates an increased risk for adverse outcomes for pregnant women. That said, pregnant women may be more susceptible to respiratory infections, including COVID-19, and should practice precautions.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.