THE NEED AND PROVISION OF PAID SICK LEAVE AND PAID FAMILY AND MEDICAL LEAVE
The issue surrounding the limited access individuals have to paid sick leave as well as paid family and medical leave has been heightened during the current Pandemic. In response, on March 18, Congress passed the Families First Coronavirus Response Act. This Act extends benefits for individuals who are sick or caring for a family member due to COVID-19. While these added protections will benefit many individuals and families, the issues surrounding paid leave for illness, for medical reasons, and to care for family members have been with us for a long time, and will only continue after Dec. 31 of this year when these extended benefits expire. Below is a quick snapshot of what has been available and what we are likely to return to when the current Act expires. It is imperative that all of us be aware of and work towards making these necessary benefits to all workers permanent.
Paid Sick Leave
Before the Pandemic, paid sick leave was not available to all workers. According to a report by Pew Research Centers, 24 percent of U.S. civilian workers did NOT have access to paid sick leave, and such access varied by where one was on the wage distribution. For the lowest paid workers, those earning an hourly wage of $10.80 or less, only 31 percent had access to paid sick leave. Paid sick leave is more universally available to workers in the public sector. Access to paid sick leave also varies by occupation, by the size of the employer, and by geographic region. Only 12 states and the District of Columbia require employers to provide such leave. Not only does the availability of paid sick leave vary, so does the amount of sick leave an individual can take.
Family and medical leave
Another area of need that has been highlighted by the pandemic is paid family and medical leave. Individuals must often care for themselves, or for other family members in need of medical care. Much like paid sick leave, paid family and medical leave is not available to all workers, and is least available to those who are paid the least. At the federal level, the Family and Medical Leave Act of 1993 only provides for unpaid leave, is only available for a limited set of family caregiving and medical needs, and, according to the Economic Policy Institute, it is only available to approximately 56 percent of the workforce. Many of those who are eligible for leave under FLMA do NOT take it because it is unpaid and they cannot afford to be without pay.
In terms of paid family leave, there is no federal law that requires private sector employers to provide such leave. A study by the Congressional Research Service, finds that only 18 percent of private industry employees had access to paid family leave through their employer in March of 2019. While no data is reported on employer provided paid medical leave, about 42 percent of private sector employees had access to Short Term Disability Insurance. Not surprisingly, this also varies by wage group and occupation.
In the absence of any laws requiring employers to provide paid family and medical leave, some states have adopted insurance programs which provide benefits to eligible workers who need to take time away from work for covered reasons. Though each of these programs works a little differently, basically employees (and in some instances, employers) pay into the program through payroll deductions and then have access to the funds for leave to take care of needs such as medical care for themselves or a family member.
The Family First Coronavirus Response Act:
This Act, which was passed by Congress on March 18 and is set to expire on Dec. 31, 2020, provides up to two weeks of paid sick leave at the employee’s regular salary if unable to work because they are quarantined or are experiencing COVID-19 symptoms and seeking care, and up to two weeks of paid sick leave at two-thirds the worker’s regular salary if the employee cannot work because they need to care for an individual who is quarantined or they need to care for a child. This Act applies to private employers with fewer than 500 employees and covered public employers. The Act also extends current FMLA job protection to private sector firms with fewer than 500 employees (previously it was only available to employees in firms with more than 500 workers). It also extends the coverage to those who need such leave for a qualifying need related to a “public health emergency,” such as COVID -19. In addition to increasing who is eligible for FMLA it also provides up to an additional 10 weeks of paid leave beyond the two weeks of paid sick leave at two-thirds regular pay if the employee is unable to work due to a bona fide need for leave to care for a child. While this Act extends benefits to firms with fewer than 500 employees, those with fewer than 50 employees may qualify for an exemption. In addition, employers may exclude employees who are health care providers or emergency responders from coverage.
The Future
Given an increasing number of families being dual-earner households, with an increase in the number of single-parent families and an increase in the number of families needing to care for both their children and older relatives, having paid family and medical leave will benefit workers, their families, businesses, and the economy. The United States is the only developed country to NOT provide for paid leave to new mothers employed in the private sector. In addition, the United States and South Korea are the only developed countries to NOT provide paid medical leave to employees. One current piece of legislation aimed at addressing this need is The Family Act. This act proposes a national wage insurance program for individuals who need leave to care for a family member or to attend to a serious health condition for themselves or other family member. The current crisis has brought new focus to the need for such legislation. Let’s keep pushing for it for our children, for our families, and for ourselves. I welcome any questions and comments. Stay well.