The Family and Medical Leave Act (FMLA), enacted in 1993, was the first national policy designed to help working people fulfill both their work and family responsibilities. Even though only 62% of all employees work for covered establishments and are eligible for leave under FMLA, this legislation has had a significant impact: 35 million Americans have been able to take up to 12 weeks of unpaid, job-protected leave in the last eight years to care for newborns or newly adopted children, sick family members, and to recover from their own serious illnesses, without hurting businesses. Yet too many women and men simply cannot afford to take unpaid leave. In fact, the bipartisan Family Leave Commission found that nearly two-thirds of employees who did not take needed leave cited lost wages as the primary reason.
All across the country groups are forming to address this issue. In our own state, the New York State Paid Family and Medical Leave Coalition are leading the effort. Members of the coalition include the New York State AFL-CIO, other labor groups, health, childcare, and women's rights organizations, among others. All NOW members should know that our own NOW Legal Defense & Education Fund belongs to this important group.
The coalition currently is supporting a bill sponsored by state Senator Nicholas Spano and Assemblywoman Catherine Nolan to amend New York's Temporary Disability Insurance (TDI) Law, which would provide income for employees who need to take leave under a variety of circumstances. Persons granted a leave under the federal FMLA would, of course, be covered. But the bill would also extend coverage to those currently not covered by FMLA, i.e., workers whose employers have at least ten employees, include medical situations not currently covered by the federal act, and provide paid time off for parent-teacher meetings and bereavement. Currently, disability benefits are capped at a maximum of $170 a week, an amount established in the 1980's. Therefore, as part of the campaign to provide comprehensive paid family and medical leave benefits, legislation will also be introduced to increase the benefit to reflect the cost of living.
In June I represented NOW at a public hearing in Yonkers sponsored by Sen. Spano that dealt with this issue. Speaker after speaker told personal stories of severe hardship related to unpaid leave, poignantly describing the emotional as well as economic impact on families. My own testimony focused on the enormous strain endured by single heads of families-mostly women-when unpaid leave is taken. In addition, more and more men want to share primary care giving for their newborns, but lack the means to do so. These situations must change-and this legislation would help accomplish that.
Realistically speaking, action on this important bill will probably not occur until next year. It is time that New York state do what it can to help people do what family members must: to care for each other. In terms of public policy, what could be more important than that?
Information for this article was provided by the National Partnership on Women &Families and the New York State Paid Family and Medical Leave Coalition. For further information on FMLA and family leave issues on the web, go to www.nationalpartnership.org. ¨
