Two years ago, my twins were born ten weeks premature in a foreign country. Five months in the NICU followed by a terminal illness diagnosis for my son, I was left with no choice but to leave my job. I was fortunate. Not only did I receive support as I navigated those initial months of uncertainty, when circumstances changed and I was able to come back to work, I was invited to return to my former position. For many American workers, this would not have been the case.
According to a statement made by Senator Tom Harkin (D-Iowa), co-sponsor of the Healthy Families Act, approximately 40% of private sector workers have no access to paid sick days which creates income and job security concerns when illness and other emergencies arise.
In an effort to address such concerns, on January 15, 2015, President Obama signed a presidential memorandum directing agencies to advance up to six weeks of paid sick leave to federal employees for the birth or adoption of a child. At the same time, he urged Congress to pass the Healthy Families Act, and encouraged states to pass similar laws that would grant paid sick leave to full-time workers.
According to the Healthy Families Act, “providing employees time off to meet health care needs ensures that they will be healthier in the long run.” Below is a summary of the Act’s key provisions:
- Employers with 15 or more employees are covered;
- Leave can be taken for an employee’s own illness, to care for a family member, or for an absence related to domestic violence, sexual assault or stalking;
- Employees earn 1 hour of paid sick leave for every 30 hours worked;
- Exempt employees are assumed to work 40 hours per week;
- Leave can be carried over to the following year but is capped at 56 hours at any given time;
- Employees are eligible to take leave after 60 days of employment;
- Retaliation is prohibited, including making leave a negative factor in a hiring, promotion or discipline decision;
- A notice posting is required.
Critics of the bill, however, say that a one size fits all piece of legislation is not a solution to the problem. They argue that costs to employers, disruptions to the workplace and an inflexible mandate, which fails to allow employers to create a benefits package suited to its workforce, could actually make the situation worse.
As for state legislation, California, New Jersey and Rhode Island are currently the only states that mandate paid sick leave, while several cities, including San Francisco, Washington, D.C., Seattle, Portland, New York City, Jersey City and Newark have passed their own laws. As part of his workplace improvement initiative, Obama’s 2016 fiscal budget proposal will include $2.2 million in mandatory funding for states who set up family leave programs.