Caring Across Generations Issues Public Comment on Labor Department Notice

WASHINGTON, Sept. 17 -- Josephine Kalipeni, director of policy and federal affairs at Caring Across Generations, has issued a public comment on the Department of Labor notice entitled "Request for Information: Paid Leave". The comment was written and posted on Sept. 14, 2020:

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Caring Across Generations is writing to comment on the request for information (RFI) issued by the Women's Bureau of the U.S. Department of Labor (DOL) on July 16, 2020. As an organization dedicated to making care more affordable and accessible at every stage of life while ensuring all caregivers are treated with respect and dignity, we are committed to policies that ensure workers the ability to care for themselves and their families without sacrificing their economic security.

Caring Across Generations is an intersectional campaign working to make care more affordable and accessible at every stage of life while ensuring all caregivers are treated with respect and dignity. We focus our work on creating change in three ways; organizing a powerful movement of Family Caregivers, Care Consumers and Direct Care Workers, fighting for groundbreaking policy at the state and federal levels, and changing hearts and minds through storytelling and leveraging pop culture. Enacting state and federal paid sick and safe days as well as paid family and medical leave policies are vital to families, caregivers and care consumers. Paid family and medical leave ensures individuals can undertake their caregiving responsibilities without risking employment and their economic safety nets. Caring Across Generations has always been in support of and vocal about the need for paid family and medical leave policies that would help families manage their short term caregiving needs, reduce the financial hardships placed on family members of older adults, people with disabilities who are in need of long term supports and services and new parents.

The RFI notice indicates that DOL seeks to "gather information concerning the effectiveness of current state- and employer-provided paid leave programs, and how access or lack of access to paid leave programs impacts America's workers and their families," in order to "identify promising practices related to eligibility requirements, related costs, and administrative models of existing paid leave programs."

Although it is not mentioned in the RFI, there is already a vast wealth of information demonstrating the effects of not having paid family and medical leave and the benefits of state programs that provide it.

DOL itself enabled several valuable studies on paid leave program design and implementation through the innovative Paid Leave Analysis Grant Program administered by the Women's Bureau, and the Chief Evaluation Office-funded Worker Leave studies. The overwhelming weight of the research is clear: the private sector as a whole has failed to solve the paid leave crisis faced by America's workers, and publicly funded social insurance represents the only viable path forward.

I. Paid Family and Medical Leave Must Work for All Workers

At some point in their lives, nearly every working person will welcome a new child, deal with their own serious health issue or need to provide care to a seriously ill, injured or disabled loved one. Yet despite progress, most people still do not have the security they need to take time away from their jobs. Millions of people are forced to choose between their wages and their ability to care for themselves or their families. Just 19 percent of the workforce has paid family leave through their employers, and only 40 percent has personal medical leave through an employer-provided disability program./1

The reality is especially stark for people of color and low-wage workers, who face the greatest disparities in their ability to access and afford leave. The lack of paid leave costs U.S. workers and their families $22.5 billion each year in lost wages alone./2

Evidence from the states with paid leave programs has shown that in order to truly meet the needs of working people, a paid family and medical leave program must meet certain basic standards. It must be comprehensive by allowing leave for all FMLA-covered events, particularly as our nation ages and the shortage of paid caregivers means more working people are called upon to care for their family members. It must provide the same amount of leave regardless of a worker's gender. It must replace individuals' wages at an adequate level so that people can actually afford to take time off, as well as a meaningful duration of leave, so that people have enough time to meet their family or medical needs. It must allow leave to care for an inclusive range of family members in order to adequately reflect the way our families really look - particularly for families of color, immigrant families, and the LGBTQ community. It must guarantee job protection so that people can take the time off they need without having to worry if their job will still be there for them when they return. And it must be funded affordably and sustainably, without cutting other essential programs that working people need.

In addition, the RFI describes family leave as leave to "[care] for the employee's spouse, child, or parent who has a serious health condition." By limiting its request to only ask about spouses, children, and parents, the RFI misses the reality of caregiving - namely, that families come in all shapes and sizes, and that caregiving transcends the boundaries of blood, age, and legal formality. According to the most recent DOL-commissioned study of the Family and Medical Leave Act, nearly one in five leaves taken for family caregiving purposes is to care for an individual not covered under the FMLA's limited definition of "family member."/3

All nine states (including the District of Columbia) that have enacted paid leave allow leave to care for a more inclusive range of family members that more accurately reflects the lived realities of workers and their families. This restrictive definition of "family" especially leaves out single-parent and blended families, families headed by same-sex couples, chosen families, and multi-generational families. These families and their stories are essential to the inquiry on which DOL is embarking.

Universal access to paid family and medical leave is vital to unpaid family caregivers, seniors and individuals with disabilities and or long-term care needs, and direct care workers. Caregiving can be a financial burden to many families, jeopardizing their present and future economic security. As a result of caregiving responsibilities, 60 percent of caregivers have reported making changes to their working hours by changing jobs, taking a leave of absence or stopping work altogether. A paid family and medical leave program would allow caregivers to continue to work and care for their loved ones without risking their financial stability. It would also allow for the reduction of the financial impact caregiving imposes.

Establishing a national paid leave program is imperative for workers and essential for women, Black women and women of color who make up the majority of caregivers. A paid leave program would be an investment in those who require time off to address their own care needs, as well as the care needs of their families. It would also mean Black women and women of color would be able to fully participate in the rebuilding our economy. In additional, a paid leave program must allow individuals to take time off to address issues related to domestic violence or sexual assault.

Caring Across Generations strongly advocates for paid leave policies that are universal, provide significant duration of leave as well as progressive wage replacement that is sufficient for families to be able to take time off during medical emergencies or caregiving situations. We are proponents of an expanded and inclusive family definition to cover not only parents, children (regardless of age), spouses, domestic partners, grandparents, grandchildren and siblings, but also any other individual related by blood or affinity whose close association is the equivalent of a family relationship, regardless of biological or legal relationship.

II. A Publicly Run Paid Leave Program Is the Best Option for Workers and Businesses

Paid family and medical leave has been shown to reap significant benefits for employers in the forms of worker retention, productivity, loyalty, morale, and competitiveness. As a testament to these benefits, over the past few years, over one hundred large brand-name businesses have introduced or expanded their paid leave policies to recognize the needs of their workforce and the benefits to their bottom line. Yet even with these developments, access to paid leave remains critically low, and has improved at a glacial pace for the majority of workers. Nationwide, only 18 percent of private sector workers have access to paid family leave through their employers, and only 42 percent have employer-provided short-term disability insurance. These numbers become even more dismal when exploring workers with the lowest wages, part-time workers, and small business employees - the very workers who would benefit the most from paid leave. In fact, access to paid family leave for the lowest-income workers has increased by just 2 percentage points in the last 7 years, to a paltry 5 percent in 2019,/4 even after the enactment in 2017 of tax credits intended to incentivize employers to offer paid leave. These low access rates and minimal progress prove that private sector policies alone are insufficient to solve our nation's paid leave crisis. Too few businesses are adopting paid leave policies, and those that do often limit access to only their highest paid, white collar employees.

Fortunately, a more universal model already exists and is proven to work. Nine states, including the District of Columbia, have enacted paid family and medical leave social insurance programs. Under this model, employees and/or employers contribute a small percentage of wages into a public fund, out of which benefits are paid as a percentage of an employee's wages. This ensures that employees can access leave regardless of their employer, position, or part-time/full-time status - meaning that the workers most in need of leave can access it. It also eliminates employers' large up-front costs of providing paid leave out of their own pockets - especially important for small businesses, who otherwise might not be able to afford this benefit, making it harder to compete with large businesses for the best employees. Polls of small businesses repeatedly demonstrate overwhelming support for a national paid leave policy structured as social insurance, and hundreds of small businesses have endorsed federal paid family and medical leave legislation.

III. Research Demonstrates the Clear Benefits of Public Paid Leave Programs for Workers and Businesses

Research from these programs has demonstrated that working families with paid leave are more economically secure and more able to manage work and family responsibilities. Parents in California and Rhode Island reported that paid leave improved their ability to arrange child care./5

State paid leave programs improve the labor force participation of family caregivers,/6 reduce the likelihood that new mothers will fall into poverty,/7 and increase household incomes./8

The research also shows wide-ranging impacts on public health When workers do not have the leave they need -- most often because they could not afford unpaid leave -- they may defer or forego necessary medical treatment./9

Paid medical leave has been shown to help cancer patients manage their treatment and side effects./10

For babies and young children, paid leave provides time to establish a strong bond with parents during the first months of life, increases rates and duration of breastfeeding,/11 supports fathers' involvement in care,/12 improves rates of on-time vaccination,/13 reduces infant hospital admissions,/14 and reduces probabilities of having ADHD, hearing problems or recurrent ear infections./15

Paid leave may also help prevent child maltreatment by reducing risk factors, such as family and maternal stress and depression./16

Paid leave reduces the odds of a new mother experiencing symptoms of postpartum depression/17 and is associated with improvements in new mothers' health./18

In California, implementing paid family leave was linked to an 11 percent relative decline in elderly nursing home usage./19

Meanwhile, employers have adapted well to state paid leave programs. The vast majority of California employers reported a positive or neutral effect on employee productivity, profitability and performance./20

The California Society for Human Resource Management, a group of human resources professionals that initially opposed California's paid family leave law, declared that the law is less onerous than expected, and few businesses in their research reported challenges resulting from workers taking leave./21

In New Jersey, the majority of both small and large businesses say they have adjusted easily./22

Just one year after implementation of New York's paid family leave program, 93 percent of employers were in compliance with the new law./23

Additionally, state paid leave programs provide a model that works for small businesses. The majority of small business owners support the creation of family and medical leave insurance programs at the state and federal levels, as these programs make the benefit affordable, reduce business costs, increase their competitiveness and can allow small business owners themselves to take paid leave when the need arises./24

In California, although most employers of all sizes report positive or neutral outcomes associated with paid leave, small businesses reported more positive or neutral outcomes than large businesses in profitability, productivity, retention and employee morale./25

A New Jersey survey found that, regardless of size, New Jersey businesses say they have had little trouble adjusting to the state's law./26

Finally, paid leave boosts employee morale and reduces costly turnover. In California, virtually all employers (99 percent) report that the state's program had positive or neutral effects on employee morale and 87 percent say that the state program had not increased costs. Sixty percent report coordinating their benefits with the state's paid family leave insurance system - which likely results in ongoing cost savings./27

Firm-level analysis of employers in California before and after paid family leave was implemented confirmed that for the average firm, wage costs had not increased and turnover rates had decreased./28

Workers in lower quality jobs who used the state paid leave program reported returning to work nearly 10 percent more than workers who did not use the program./29

Women who take a paid leave are 93 percent more likely to be in the workforce nine to 12 months after giving birth than women who take no leave./30

In multiple studies, New Jersey employers have noted that the state's paid leave program is beneficial for employees and manageable for employers./31

The evidence is overwhelming: paid leave is a win-win for workers and businesses, and the most equitable, sustainable model for paid leave is a national, publicly run social insurance program that builds on the innovation that states have pioneered.

We appreciate the opportunity to submit this comment. If you have any questions, please contact Josephine Kalipeni, Director of Policy & Federal Affairs at [email protected].

Sincerely,

Josephine Kalipeni

Director of Policy & Federal Affairs

Caring Across Generations

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Footnotes:

1/ U.S. Bureau of Labor Statistics. (2019, September). National Compensation Survey: Employee Benefits in the United States, March 2019 (Table 16, Table 31). Retrieved 27 August 2020, from https://www.bls.gov/ncs/ebs/benefits/2019/employee-benefits-in-the-united-states-march2019.pdf

2/ Glynn, S. J. (2020, January 21). The Rising Cost of Inaction on Work-Family Policies. Retrieved 27 August 2020 from Center for American Progress website: https://www.americanprogress.org/issues/women/news/2020/01/21/479555/rising-cost-inaction-work-family-policies/

3/ Brown, S., Herr, J., Roy, R., & Klerman, J. A. (2020, July). Employee and Worksite Perspectives of the Family and Medical Leave Act: Supplemental Results from the 2018 Surveys (Exhibit B4-3). Retrieved 27 August 2020, from U.S. Department of Labor website: https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/WHD_FMLA2018SurveyResults_Appendices_Aug2020.pdf

4/ See note 1; U.S. Bureau of Labor Statistics. (2012). National Compensation Survey: Employee Benefits in the United States, March 2012 (Table 32). Retrieved August 27 2020, from https://www.bls.gov/ncs/ebs/benefits/2012/ebbl0050.pdf

5/ Appelbaum, E., & Milkman, R. (2013). Unfinished Business: Paid Family Leave in California and the Future of U.S. Work-Family Policy. Ithaca, NY: Cornell University Press; Silver, B., Mederer, H., & Djurdjevic, E. (2015). Launching the Rhode Island Temporary Caregiver Insurance Program (TCI): Employee Experiences One Year Later. Rhode Island Department of Labor and Training and University of Rhode Island. Retrieved 27 August 2020, from https://web.uri.edu/ssirep/files/RI-Paid-Leave-Final-Report-April-2016.pdf

6/ Saad-Lessler, J., & Bahn, K. (2017, September 27). The Importance of Paid Leave for Caregivers. Retrieved 27 August 2020, from Center for American Progress website: https://www.americanprogress.org/issues/women/reports/2017/09/27/439684/importance-paid-leavecaregivers/

7/ Stanczyk, A. (2019). Does Paid Family Leave Improve Household Economic Security Following a Birth? Evidence from California. Social Service Review, 93(2), 262-304. DOI: 10.1086/703138

8/ Ibid.

9/ See Brown, S., Herr, J., Roy, R., & Klerman, J. A. (2020, July). Employee and Worksite Perspectives of the Family and Medical Leave Act: Results from the 2018 Surveys, pp. 45-46. Retrieved 27 August 2020, from U.S. Department of Labor website: https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/WHD_FMLA2018SurveyResults_FinalReport_Aug2020.pdf

10/ Harrington, E., & McInturff, B. (2017). Key Findings -- National Surveys of Cancer Patients, Survivors, and Caregivers. American Cancer Society Cancer Action Network Publication. Retrieved 27 August 2020, from: https://www.fightcancer.org/sites/default/files/ACS%20CAN%20Paid%20Leave%20Surveys%20Key%20Findings%20Press%20Memo%20FIN AL.pdf. The results of this survey strongly suggest that other workers with chronic or serious illnesses will have better access to treatment and care when they are able to take paid time off from work.

11/ Hamad, R., Modrek, S., & White, J. S. (2019). Paid Family Leave Effects on Breastfeeding: A Quasi-Experimental Study of US Policies. American Journal of Public Health. 109(1): 164-166. DOI: 10.2105/AJPH.2018.304693

12/ Lamb, M. (2004). The role of the father in child development, 4th ed. (pp. 1-18, 309-313). Hoboken, NJ: John Wiley & Sons, Inc.; Smith, K. (2015). After the Great Recession, More Married Fathers Providing Child Care. Carsey School of Public Policy. Retrieved 27 August 2020, from https://scholars.unh.edu/cgi/viewcontent.cgi?article=1233&context=carsey

13/ Choudhury, A. R., & Polachek, S. W. (2019, July). The Impact of Paid Family Leave on the Timing of Infant Vaccinations. I. Z. A. Institute of Labor Economics. Retrieved 27 August 2020, from http://ftp.iza.org/dp12483.pdf

14/ Pihl, A. M., & Basso, G. (2018). Did California Paid Family Leave Impact Infant Health? Journal of Policy Analysis and Management. 38(1), 155-180. DOI: 10.1002/pam.22101

15/ Lichtman-Sadot, S., & Pillay Bell, N. (2017). Child Health in Elementary School Following California's Paid Family Leave Program. Journal of Policy Analysis and Management, 36(4), 790-827. DOI: 10.1002/pam.22012

16/ Klevens, J., Luo, F., Xu, L., Peterson, C., Latzman, N. (2016). Paid family leave's effect on hospital admissions for pediatric abusive head trauma. Injury Prevention. 22, 442-445. DOI: 10.1136/injuryprev-2015-041702

17/ Chatterji, P., & Sara Markowitz, S. (2008). Family Leave After Childbirth and the Health of New Mothers. Retrieved 27 August 2020, from National Bureau of Economic Research website: http://www.nber.org/papers/w14156; Kornfeind, K. R., & Sipsma, H. L. (2018). Exploring the Link between Maternity Leave and Postpartum Depression. Women's Health Issues, 28(4), 321-326. DOI: 10.1016/j.whi.2018.03.008

18/ Pal, I. (2016). Work, Family and Social Policy in the United States - Implications for Women's Wages and Wellbeing. Doctoral thesis, Columbia University. DOI: 10.7916/D87W6C74

19/ Arora, K., & Wolf, D. A. (2017, November 3). Does Paid Family Leave Reduce Nursing Home Use? The California Experience. Journal of Policy Analysis and Management, 37(1), 38-62. DOI: 10.1002/pam.22038

20/ Appelbaum, E., & Milkman, R. (2013). Unfinished Business: Paid Family Leave in California and the Future of U.S. Work-Family Policy. Ithaca, NY: Cornell University Press; Bartel, A., Baum, C., Rossin-Slater, M., Ruhm, C., & Waldfogel, J. (2014, June 23). California's Paid Family Leave Law: Lessons from the First Decade. Retrieved 20 August 2019, from U.S. Department of Labor website: http://www.dol.gov/asp/evaluation/reports/PaidLeaveDeliverable.pdf

21/ Redmond, J., & Fkiaras, E. (2010, January). California's Paid Family Leave Act Is Less Onerous Than Predicted. Society for Human Resources Management Publication. Retrieved 27 August 2020, from https://www.sheppardmullin.com/media/article/809_CA%20Paid%20Family%20Leave%20Act%20Is%20Less%20Onerous%20Than%20Predict ed.pdf

22/ Ramirez, M. (2012). The Impact of Paid Family Leave on New Jersey Businesses. New Jersey Business and Industry Association and Bloustein School of Planning and Public Policy at Rutgers, The State University of New Jersey Presentation. Retrieved 27 August 2020, from https://bloustein.rutgers.edu/wp-content/uploads/2012/03/Ramirez.pdf

23/ Office of Governor Andrew C. Cuomo. (2019, August 13). New York State Paid Family Leave: 2018 Year in Review. Retrieved 27 August 2020, from https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/PFL_EOYReport_2018_FINAL.pdf

24/ Rouzer, S. (2017, February 7). New Report: Small Business Owners Support Paid Family Leave, FAMILY Act. Retrieved 27 August 2020, from Main Street Alliance website: http://www.mainstreetalliance.org/small_business_owners_support_family_act; Small Business Majority & Center for American Progress. (2017, March 30). Small Businesses Support Paid Family Leave Programs. Retrieved 27 August 2020, from http://www.smallbusinessmajority.org/our-research/workforce/small-businesses-support-paidfamily-leave-programs; Mason, J. (2019, August). Meeting the Promise of Paid Leave: Best Practices in State Paid Leave Implementation. Retrieved 27 August 2020, from http://www.nationalpartnership.org/our-work/resources/economic-justice/paid-leave/meeting-the-promise-of-paid-leave.pdf

25/ Appelbaum, E., & Milkman, R. (2013). Unfinished Business: Paid Family Leave in California and the Future of U.S. Work-Family Policy. Ithaca, NY: Cornell University Press

26/ Ramirez, M. (2012). The Impact of Paid Family Leave on New Jersey Businesses. New Jersey Business and Industry Association and Bloustein School of Planning and Public Policy at Rutgers, The State University of New Jersey Presentation. Retrieved 20 August 2019, from http://bloustein.rutgers.edu/wpcontent/uploads/2012/03/Ramirez.pdf

27/ Appelbaum, E., & Milkman, R. (2013). Unfinished Business: Paid Family Leave in California and the Future of U.S. Work-Family Policy. Ithaca, NY: Cornell University Press

28/ Bedard, K., & Rossin-Slater, M. (2016, October 13). The Economic and Social Impacts of Paid Family Leave in California: Report for the California Employment Development Department. Retrieved 27 August 2020, from https://www.edd.ca.gov/disability/pdf/PFL_Economic_and_Social_Impact_Study.pdf

29/ Appelbaum, E., & Milkman, R. (2013). Unfinished Business: Paid Family Leave in California and the Future of U.S. Work-Family Policy. Ithaca, NY: Cornell University Press

30/ Houser, L., & Vartanian, T. P. (2012, January). Pay Matters: The Positive Economic Impacts of Paid Family Leave for Families, Businesses and the Public. Center for Women and Work at Rutgers The State University of New Jersey Publication. Retrieved 27 August 2020, from https://www.nationalpartnership.org/our-work/resources/economic-justice/other/pay-matters.pdf

31/ Lerner, S., & Appelbaum, E. (2014, June). Business As Usual: New Jersey Employers' Experiences with Family Leave Insurance. Retrieved 27 August 2020, from Center for Economic and Policy Research website: http://www.cepr.net/documents/nj-fli-2014-06.pdf; Mason, J. (2019,August). Meeting the Promise of Paid Leave: Best Practices in State Paid Leave Implementation. Retrieved 27 August 2020, from http://www.nationalpartnership.org/our-work/resources/economic-justice/paid-leave/meeting-the-promise-of-paid-leave.pdf

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The notice can be viewed at: https://beta.regulations.gov/document/DOL-2020-0004-0001

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