House Ways & Means Committee Issues Testimony From Center for Law & Social Policy
"My name is
"I bring to this testimony extensive experience on paid family and medical leave at both state and federal levels. Prior to joining CLASP, I was the Deputy Director of the Women's Bureau in the
"Furthermore, as someone who has had to use paid family and medical leave in the past and will have to use it again, I can also speak to the power of paid family and medical leave. Fourteen years ago, when I became a new mother, I experienced both elation and dread. I was so happy to have a beautiful baby girl after a problematic pregnancy, but I was also inconsolable when she needed to be delivered early and had to go to the NICU, where she remained for two-and-a-half weeks. As I dealt with my own healing and worried about her health, the one stress I didn't have was economic insecurity. I was fortunate to be among the first people who could take advantage of
"People should not have to win the boss lottery nor move to one of the seven jurisdictions with paid family and medical leave to have peace of mind when they need to take time to heal or care for a loved one.
"And from the perspective of CLASP, which has an anti-poverty and racial justice mission, I can speak to the crucial importance of paid family and medical leave as an anti-poverty policy, which contributes to economic stability for all families but especially to low-wage workers, people of color, and families coping with a medical condition or welcoming a new child.
"I make three key points in my testimony. First, paid family and medical leave benefits workers, families, and employers, including small businesses, by improving people's economic security and health. Second, given the current realities of work in
Paid family and medical leave benefits workers, families, and employers
"Almost all working people will experience a caregiving need at some point in their lives, whether to welcome a new child, care for a seriously ill loved one or to treat their own serious illness. And, while parental paid leave is needed, it is not enough for the majority of caregiving needs workers actually need and take. According to most recent data from the
"In just the last three years, the number of states that have enacted paid family and medical leave has more than doubled, with several more jurisdictions likely to pass legislation in the next two years. Currently
"Evidence also shows that effective access to paid family and medical leave can improve the health of mothers and children; reduce racial disparities in wage loss between workers of color and white workers; improve employer experience by improving employee retention and reducing turnover costs; and increase women's labor force participation, which can lead to greater economic security for a family and strengthen the overall economy.3 A number of paid family and medical leave studies and analyses from the states currently operating paid family and medical leave programs demonstrate the following key benefits of paid family leave and medical leave:
1. Paid family and medical leave strengthens individuals' and families' economic security.
"As
"As our economy changes, it's critical for low-income families that women stay in the labor force. In 2015, 64 percent of mothers were primary or co-breadwinners. Of this number, Black women were sole breadwinners in 70 percent of their families.7 For those moms, the loss of a job from a family's medical situation can plunge them into economic turmoil.
"When workers have access to and can afford to take paid family and medical leave, however, they are able to succeed at work and sustain their family's economic security.8 Numerous studies have found that women who took paid leave following the birth of a child had better outcomes on several measures of work, income, and family economic security than those who didn't. Studies prove that
"Paid family and medical leave also provides financial support to families caring for seriously ill elder family members. A
"But behind these statistics are real people. The following quotation by Valery Y., who was able to use
""Wage replacement...definitely made me more comfortable. It helped knowing when we were about to pay day care, during leave we could pay the bills. Psychologically it helped. I was taking time to do what was important, but by being paid I felt a connection to the work world. It was very, very, very valuable to have this...If I didn't have paid leave, most likely I would have chosen to go on shorter leave. We would have been hard pressed to take unpaid leave. It would change my thinking."12
2. Paid family and medical leave contributes to improved health for working people and their children and families.
"Extensive evidence points to the health benefits associated with economic stability and paid family and medical leave. Paid leave provides necessary time for children and families to prevent and treat illnesses, spend critical time bonding, seek preventive care, and better maintain their mental health and overall wellbeing.13 The health benefits of paid leave for children begin in infancy, but continue throughout their childhood. For mothers who give birth, access to paid leave means they can recover from childbirth, are less likely to experience symptoms of postpartum depression, and more likely to breastfeed longer, which benefits the mother and infant.14 When more paid leave is available, rates of infant mortality and hospitalizations fall.15 Fathers also benefit, as those who take longer leaves are more likely to be involved in child care later in their child's life.16 Children's health also benefits from care in the years following birth or adoption: For a seriously ill child, the presence of a parent shortens their hospital stay by 31 percent.17 Despite these benefits, a quarter of
"Paid family and medical leave programs help. Research from the
"Furthermore, paid family and medical leave also helps workers with their own illness and disability. Survey data finds, for example, that paid medical leave allows cancer patients to access, afford and follow-through with needed treatment and manage side effects.20
3. Paid family and medical leave programs are endorsed by employers, who may see benefits such as reduced turnover, and are practical and implementable for state agencies.
"Paid family and medical leave programs may increase employee retention and morale, benefiting workers and businesses. Many workers end up leaving their jobs when they lack paid family and medical leave. A study by Pew found that over a quarter of surveyed workers who took unpaid leave did not return to the same employer.21 Replacing workers can be costly for employers, averaging 20 percent of a worker's annual wages.22 Paid family and medical leave increases retention--with the likelihood of workers returning to the same employer after their leave.
"Research suggests businesses in
* According to a
* In a
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"Paid family and medical leave also levels the playing field for small businesses.26 Many larger businesses provide paid leave because they know it's good for workers and good for the bottom line. Small businesses that can't afford to offer paid leave would be able to offer it through a national paid family and medical leave social insurance program, such as that envisioned by the FAMILY Act. This insurance model would enable these employers to compete with larger businesses to hire and retain the best employees by offering a highly valued workplace policy, without having to shoulder the entire cost.
"In addition to helping businesses, paid family and medical leave supports overall economic growth through increased labor force participation, worker retention and productivity.27 Without it, studies show, we are limiting labor force participation, especially of women and losing potentially
Why We Need A National Paid Family and Medical Leave Program Now
"A national paid family and medical leave program will provide a critical, portable, work-based benefit for all workers, including those who are self-employed. As the economy and the nature of work change, a national paid family and medical leave program is likely to be the only option available to many workers, especially low wage workers, needing time to care for themselves or a loved one. The economy has been changing for some time and low-wage work is one of the fastest growing job sectors. The Great Recession, the dissolution of collective bargaining power,29 and the "fissuring of the workplace"30 -where many jobs that once provided workers with some economic security have been replaced by subcontracted, temporary, 1099, involuntary part-time and other contingent employment arrangements -have created an abundance of precarious, low-wage and low-quality jobs.31 Millions of workers--predominantly women and people of color--now have jobs with low pay, shifting work schedules, limited or no workplace protections, and few if any benefits, including access to paid family and medical leave. Workers who are classified as independent contractors or who work part-time may lose out on a host of critical employer-provided benefits, including paid leave, vacation time, sick days, or disability insurance.32
"Roughly 93 percent of private sector low-wage workers have zero access to paid family leave, and 82 percent lack access to paid medical leave through employer-provided short-term disability insurance. Most of these workers cannot afford to take unpaid time off to care for a seriously ill loved one. Not having access to paid family and medical leave is particularly challenging for workers of color. Sixty-two percent of Black adults and 73 percent of Latino adults are either ineligible for or cannot afford to take unpaid leave, compared to 60 percent of white adults. Therefore, a medical emergency or a seriously ill spouse or partner, can force low-income worker of color into debt or into deeper poverty without access to paid family and medical leave.
"Workers are not earning enough to support or save for their caregiving needs on their own. A survey by
"The erosion of job quality and expansion of low-wage jobs has contributed to stubbornly high poverty rates, particularly for families with children. As of 2017, nearly 40 million people (12.3 percent of the
""...with paid leave I think some [families] could get out of the cycle of poverty they're stuck in...If they could get support they would do better. You'd see better parenting choices and opportunities...kids could form solid attachments and do better in life."37
"Paid family and medical leave is one of a crucial cluster of policies that, taken together, can have an important effect on child poverty. It can do so by supporting steady work and success on the job for young workers and others seeking to move up and by protecting families who have achieved stable incomes from being destabilized by a birth or family member's illness.
"What a Comprehensive Paid Family and Medical Leave Program Should Include to Work for Low-Income Individuals and Families
"Paid family and medical leave will help families preserve some economic stability in times of both great joy--welcoming a new child to the family--and potentially great pain from medical and financial hardship. The states that have passed paid leave laws offer a valuable roadmap of the core policy elements that are needed and that work. These include:
1. A national paid family and medical leave program should be comprehensive and allow people to take time to address serious family and medical needs as well as care for new children.
"As I mentioned earlier in my testimony, while paid leave is critical for new parents, a parental leave program alone would not meet all individuals' and families' needs and could exacerbate gender and racial inequities.38
"Parental-only leave fails to recognize the type of caregiving families engage in, including caring for siblings, children (regardless of their age), spouses or partners, and grandparents. A comprehensive policy will support the roughly one in five Americans who live with a disability, and the approximately one in four households with a child, adult, or senior with a disability, as well as their caregivers.39 With a growing elderly population, many people are also providing care for an elder loved one. Today, 43.5 million people provide unpaid care to family members and most also have full-time, paying jobs.40 Furthermore, as more individuals and families grapple with the opioid crisis, individuals will need paid leave to seek treatment and family members may need paid leave to support a loved one's recovery.
"
"The six states and the
"Additionally, an estimated 5.5 million caregivers take care of wounded veterans and service members.41 That's why a number of the new states to adopt paid family and medical leave laws have explicitly broadened and included language about caring for a service member in their eligibility requirements, including
2. A national paid family and medical leave policy must be available to all workers, regardless of sector or employer size and whether workers are employed full or part-time or are self-employed.
"Lessons from the Family and Medical Leave Act demonstrate that when leave policies are limited by employer size and eligibility restrictions, they actually exclude the majority of workers. States have been more inclusive in covering small businesses and part-time workers. Additionally, five states (
3. A national paid family and medical leave program must be inclusive of all families.
"Comprehensive paid family and medical leave programs must reflect the diversity of families in
"Recognizing this trend, when
4. A national paid family and medical leave program will be affordable when funded and administered through a social insurance program.
"International and state-based examples all illustrate that a social insurance model is the best mechanism to administer a paid family and medical leave program, and if designed well, can provide universal coverage that is portable at a very low per-person cost.49 All the states that have passed paid family and medical leave programs are using a social insurance program, meaning workers and/or employers pay a small premium through their payroll taxes to a dedicated trust fund. When workers need to use their paid family and medical leave, their wages are replaced through this fund. This allows each state to pool its funds and risk across a large group of workers and employers, including small businesses, and makes the coverage equitable and affordable.50 None of the states have experienced any challenges administering the program through this mechanism, and some states, such as
5. A national paid family and medical leave program must include a wage replacement rate that keeps all families financially secure during a caregiving episode.51
"Evidence from
6. A national paid family and medical leave program must include job protection and strong prohibitions against discrimination or retaliation.
"Job protection is critical to helping workers--particularly those being paid low wages, who are disproportionately women, people of color, and people with disabilities--retain their jobs at a critical moment in their lives when economic stability is especially important.57 A 2012
"We know from the states that including job protection is feasible and critical.
7. A national paid family and medical leave program should ensure leaves are long enough to meet individual and family care needs.
"Early last year, the WORLD Policy Analysis Center released a report on the health benefits and economic feasibility of paid family and medical leave. Its recommendations included six months of paid parental leave to support health, economic benefits, and gender equity, with three months as the minimum.58 Not only can parents bond with their child, behavioral health research also finds that breastfeeding rates increase when mothers have access to paid leave.59 These benefits also trickle down and provide children with several health benefits, including the time to visit the doctor for well-baby visits and timely immunizations.60 Based on this research and evidence from earlier states, in the states that have paid family leave laws, both
Conclusion
"Reaching all American workers--with the benefits already described for workers, children, mothers, people with health challenges, and people of color--demands national action. While state paid family and medical leave initiatives have been enormously important in covering workers and modeling successful approaches, a state-only strategy leaves out workers, families, and communities who need help the most. We cannot achieve the health, developmental, and poverty reduction benefits of paid family and medical leave without a national program and standard.
"We know exactly what would work for our nation. We can learn from states across the country and the
"Together with affordable quality child care and universal health care, paid family and medical leave allows individuals to stay employed steadily over the course of a career while also caring for loved ones and providing for their own health. We cannot afford as a nation to delay these solutions.
"Thank you again for the opportunity to testify today. I look forward to answering your questions."
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Footnotes:
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4 Leveling the Playing Field for Working Families: Challenges and Opportunities, Hearing before the Worker and Family Support Subcommittee, of the
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8 See, e.g., Baum and Ruhm (2016). "The Effects of Paid Family Leave in
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17 Heymann. J. (2001,
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20 "At A Glance: The Case for Paid Medical Leave," A Better Balance, 2019, https://www.abetterbalance.org/wp-content/uploads/2019/02/ABB-Medical-Leave-Talking-Pts-Factsheet-2.28.19.pdf.
21
An inside look at family and medical leave in America: The experiences of those who took leave and those who needed or wanted to but couldn't,
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23 Testimony of
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25
26 See, e.g.,
27 "The Economic Benefits of Paid Leave: Fact Sheet,"
28 "The Cost of Doing Nothing: The Price We All Pay Without Paid Leave Policies to Support America's 21st Century Working Families,"
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31
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33 "What Resources Do Families Have for Financial Emergencies? The role of emergency savings in family financial security,"
34 Workers of color are overrepresented in jobs that pay less than
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36 "Child, Young Adult Poverty Rates Stagnate: Census Data Show Millions Left Behind," CLASP, 2018, https://www.clasp.org/press-room/press-releases/child-young-adult-poverty-rates-stagnate-census-data-show-millions-left.
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38 Additionally, a parental-only policy may have unintended consequences affecting women. In enacting the FMLA,
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40 Caregiving in the
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45 "Still Out, Still Aging: The MetLife Study of Lesbian, Gay, Bisexual, and Transgender Baby Boomers,"
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47 New Jersey Passes Broad Expansion & Improvements to State Leave Laws, A Better Balance, 2019, https://www.abetterbalance.org/new-jersey-passes-broad-expansion-improvements-to-state-leave-laws/.
48 "5 Facts About Chosen Family," A Better Balance, Family Values at Work, and
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54 "A Review of the Evidence on Payment and Financing of Family and Medical Leave," WORLD Policy Analysis Center, 2018, https://www.worldpolicycenter.org/sites/default/files/WORLD%20Brief%20-%20Payment%20and%20Financing%20of%20Paid%20Family%20and%20Medical%20Leave_0.pdf.
55 For full details on all the states, see "Comparative Chart of Paid Family and Medical Leave Laws in
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58 "A Review of the Evidence on the Length of Paid Family and Medical Leave." WORLD Policy Analysis Center, 2018, https://www.worldpolicycenter.org/sites/default/files/WORLD%20Brief%20-%20Length%20Paid%20Family%20and%20Medical%20Leave.pdf.
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