Family & Medical Leave Legislation
Family & Medical Leave Legislation
State advocates and legislators around the nation are addressing the need for policies that make it possible for people to be productive workers and care for themselves or their family members in times of need. Thus far in 2008, a range of bills have been introduced, and campaigns are forming, to implement workplace standards and programs that work for working families.
ARIZONA
SB1199 was introduced by Arizona State Senator Garcia. The bill would establish a family leave insurance program, providing up to five weeks of paid leave per year. Under the program, full-time workers would receive $250 per week. Workers would be able to use leave to care for a newborn or newly adopted child, to care for a seriously ill family member, or to recover from their own serious illness.
Status: The bill was introduced on January 28, 2008 and referred to three committees: the Appropriations Committee, the Committee on Financial Institutions, Insurance, and Retirement, and the Rules Committee.
MASSACHUSETTS
S 114 would provide families with paid family and medical leave, increase tax deductions, and establish a work-family council. The bill would apply to all workers who have worked for at least a year, for at least 1,250 hours, and all employers with six or more employees.
Employees would be entitled to a stipend of 80% of their wages, capped at $750 per week, for up to 12 weeks of paid leave.
Status: On January 10, 2007, the bill was referred to the Committee on Children, Families and Persons with Disabilities. The Committee amended and then voted in favor of the bill on November 15, 2007 and referred it to the Senate Ways and Means Committee. The bill carried over from 2007 to 2008, and could still be considered by the legislature before the end of the session.
MINNESOTA
Rep. Joe Mullery has introduced HF 2676, which would provide paid parental leave for all Minnesota workers who need time off to care for a newborn or newly adopted child. Under the proposed bill, the state would reimburse employers for providing paid leave. To receive reimbursement, employers must pay at least $200 per week to the worker, unless the pre-leave salary was $300 or less, in which case the employer has to pay at least $100 weekly. To receive reimbursement, leave would have to last a minimum of six weeks but up to 26 weeks. Employers would be reimbursed for half their weekly payment to their employees, up to $250 per week.
Status: The bill was introduced on February 12, 2008. It was referred to the Education Finance and Economic Competitiveness Finance Division, as well as the Higher Education and Work Force Development Policy and Finance Division, which held a hearing on the bill on February 28. The bill did not pass before the House Committee deadlines for action on March 28, and no further action will be taken on the bill during the 2007-2008 biennial legislative session.
NEW JERSEY
In April 2008, New Jersey became the third state in the nation to enact paid family leave legislation. The New Jersey Time to Care Coalition led advocacy efforts for S786/A873, which will extend the State's existing temporary disability insurance (TDI) system to provide workers with family leave benefits to care for sick family members or to bond with newborn or newly adopted children. The legislation will provide 6 weeks of TDI benefits (two-thirds wage replacement up to maximum of $524 in 2008) for a worker taking leave, financed by small employee payroll deductions.
Status: The bill was put to a vote in the Assembly on March 13th, after incorporating a short new section proposed by the Attorney General, and it passed by a vote of 46-30. On Apr. 7, 2008 the New Jersey Senate passed the bill by a vote of 21-15. Governor Corzine signed the bill into law on May 2. The law will go into effect in January 2009, and workers will be able to take paid leaves as of July 2009.
For more information, visit the New Jersey Time to Care website at http://www.njtimetocare.rutgers.edu.
NEW YORK
The New York State legislature is considering the Working Families Time to Care Act (A9245).The legislation, introduced by Speaker Silver, Assemblywoman John and Assemblywoman Nolan and backed by the New York State Paid Family Leave Coalition and the Center for Working Families, would expand New York’s existing Temporary Disability Insurance (TDI) program to include paid family leave. The bill would provide up to twelve weeks of paid leave to care for a new baby or a newly adopted child, or for a seriously ill family member. The paid leave benefits paid would be the same as New York’s current TDI benefits, equal to half of weekly wages up to a maximum of $170 a week. The proposal calls for the extension of benefits to be paid for by an increase in employee contributions.
Status: Status: Although the New York State Assembly passed the bill on June 22, 2007, the Senate did not pass the bill before the legislature adjourned in 2007. The Senate held four hearings on the bill through October. In 2008 negotiations are going on to increase the TDI benefit level prior to drafting a new bill. The New York State Paid Family Leave Coalition, the New York State AFL-CIO and the Center for Working Families are working to influence the bill content.
For more information, visit the New York Time to Care website at www.timetocareny.org.
PENNSYLVANIA
Representative Gibbons, along with over 20 co-sponsors, has introduced HB 1386, a paid family leave insurance program. The bill would establish a Temporary Care Fund and allow employees to take up to 12 weeks of paid leave per year to care for a newborn or newly-adopted child, or a seriously ill family member. Workers would receive the same weekly benefit as is available under the state’s unemployment compensation program.
Status: The bill was referred to the Labor Relations Committee in May 2007, and no further action has yet been taken. The bill carried over from 2007 to 2008, and could still be considered by the legislature before the end of the session.
Paid Sick Days Legislation
In 2006, San Francisco became the first locality in the nation to guarantee paid sick days for all its workers. Since then, a national paid sick days movement has grown. Legislators in more than a dozen states as well as on Capitol Hill will advocate for paid sick days initiatives in 2008.
ALASKA
A coalition led by Alaska PIRG is advocating for SB 258, which would provide one hour of paid sick time for every 40 hours worked. The paid sick time could be used to recover from illness, care for a sick family member, or seek domestic violence recovery services.
Status: The bill was introduced on Feb. 1 and had a hearing in the Labor and Commerce Committee on Feb. 28. The bill did not pass before the legislative ended on Apr. 13 but advocates will reintroduce and continue advocacy in the next session.
For more information, visit http://www.akpirg.org
CALIFORNIA
The California Work and Family Coalition, a coalition of unions and community based organizations, is advocating for paid sick days in the 2008 legislative session. The bill, AB 2716, is co-sponsored by California ACORN and the California Labor Federation. AB 2716 would provide one hour of paid sick time per 30 hours worked. Workers employed by smaller businesses (with 10 or fewer employees) would be able to earn up to five days per year, while workers employed at larger businesses (with 11 or more employees) could earn up to nine. The paid sick days could be used to recover from illness, care for an ill family member, or for reasons related to sexual assault or domestic violence.
Status: The bill was introduced on February 22, 2008 by Assembly Member Ma of San Francisco. It has been passed by the Assembly Committee on Labor and Employment, the Assembly Judiciary Committee and the Assembly Appropriations Committee. The bill will be voted on the Assembly Floor by May 30. A lobby day on May 7 delivered 100 orange-grams with messages to legislators. The Los Angeles City Council passed a resolution on May 9 to support the bill. A Mother’s Day forum was held in L.A. on May 10 with about 100 workers and mothers speaking out about paid sick days. A report on the health impact of the legislation was also released in May by the UC Berkeley Center for Labor Research and Education.
For more information, visit www.paidsickdaysCA.org
CONNECTICUT
A coalition headed by Connecticut ACORN will advocate for a paid sick days bill, SB 217, which would require that employers with 25 or more employees provide one hour of paid sick time for every 40 hours worked, capped at 52 hours annually. The paid sick days earned could be used for an employee’s own illness, to care for a sick family member, or in cases dealing with family violence, sexual assault or violence.
Status: The bill was introduced on February 15 and referred to the Joint Committee on Labor and Public Employees. A hearing was held on February 28, and the committee passed the bill. The bill was then passed by the Senate Judiciary Committee on April 11. On May 1, the Senate amended the bill (including an amendment to move the coverage threshold to 50 employees) and passed it. The House, however, failed to call the bill for a vote in time before the legislative session ended on May 7. Advocates will urge the legislature to vote on the bill in a special session in early June.
For more information, visit http://www.everybodybenefits.org
DISTRICT OF COLUMBIA
The DC Paid Sick and Safe Days Coalition, led by the DC Employment Justice Center, is leading the charge for B17- 0197, the Accrued Sick and Safe Leave Act. The bill provides seven paid sick and safe days for workers in firms with 100 employees or more, five days for firms with 25-99 employees, and three days for firms with 24 or fewer employees. The paid time off can be used to recover from illness, care for a sick family member, or seek services related to domestic violence.
Status: The bill was carried over from 2007 and agendized in the full council on January 15. It was put to a vote on February 5, when it was amended and then passed by a vote of 11 to 2. The bill’s second reading was held on March 4. After amending the bill, legislators passed it unanimously, making DC the second jurisdiction in the nation to guarantee paid sick days for its workers and the first to guarantee safe days.
For more information, visit www.dcejc.org
ILLINOIS
A coalition guided by Women Employed is rallying behind the Healthy Workplace Act, HB 5320, which would guarantee one hour of paid sick time per 30 hours worked, up to a maximum of seven days per year. The paid sick days could be used for an employee’s illness or to care for a sick family member, or to seek medical diagnosis or treatment.
Status: The bill was introduced on February 14 by Representative Julie Hamos. No further action will be taken on the bill in the 2008 session, but a hearing will be held the following year; advocates are now working to expand their coalition and campaign.
For more information, visit http://www.womenemployed.org
MAINE
The Maine Women’s Lobby partnered with the 35 members of the Work and Family Coalition to advance L.D. 1454, An Act to Care for Working Families. The amended version of the bill would guarantee workers up to five paid sick days per year, accrued at a rate of one hour per 30 hours worked, and cover all workers employed by establishments with 25 or more employees.
Status: Although the Labor Committee passed the bill, the House and Senate failed to enact it. The bill was narrowly defeated in a vote in the House on April 7, 2008. Advocates are mobilizing voters around this issue and will introduce a family-friendly policy agenda next year.
For more information, visit http://www.mainewomen.org
MASSACHUSETTS
The Massachusetts Paid Family Leave Coalition, led by Greater Boston Legal Services and ACORN, are working with allies in the state legislature to advance S 1073/ H 1803. The bill would require all businesses to guarantee full-time employees seven paid sick days annually. The paid sick days could be used to care for an employee’s own illness or a sick family member, for medical appointments or treatments, or to address the psychological, physical or legal effects of domestic violence.
Status: The bill was introduced in 2007 but was carried over into 2008. It was passed by the Joint Committee on Labor and Workforce Development on April 18. The bill was sent to Senate Ways and Means and was determined to be cost neutral to the state. On May 7 the bill moved to the Senate Committee on Rules and Ethics. If the bill passes from there, it will be sent to the full Senate for a vote and then on to the House.
For more information, visit http://www.gbls.org
MINNESOTA
A coalition led by Minnesota ACORN is backing SF 1324/ HF 1334. The bill would provide all workers with paid sick days to be used to recover for their own illness, to care for an ill family member, to obtain diagnosis or treatment, or for absence related to domestic violence. Paid sick time would accrue at the rate of one hour per 40 hours worked, capped at 52 hours or 6.5 days per year. Smaller businesses (defined as fewer than 10 employees) would provide one hour of paid sick time for every 80 hours worked, capped at 26 hours or 3.25 days per year.
Status: The bill was introduced in 2007 and referred to the House Committee on Commerce and Labor and the Senate Committee on Business, Industry and Jobs. The bill did not pass before the House and Senate Committee deadlines for action on Mar. 28, and no further action will be taken on the bill during the 2007-2008 biennial legislative session. Advocates have committed to reintroducing the bill in the next session.
For more information, visit http://acorn.org/index.php?id=10963
NEW YORK
The New York Paid Leave Coalition, A Better Balance and the Center for Working Families along with the New York City Central Labor Council are working on proposals that would require New York City employers to provide nine days of paid sick time for employees in larger businesses and five days for employees in smaller businesses that can be used for one's own illness or that of a family member.
Status: Advocates are working with public officials on a bill to be introduced in the New York City Council, most likely next fall. In advance of introduction, they are working to bring progressive stakeholders – including labor, health professionals, parents and children's advocates – together to raise public awareness about the importance of paid sick days as a basic labor standard, a work/family support and a public health issue, with the goal of building broad support before the bill is introduced.
For more information, visit www.timetocareny.org
NORTH CAROLINA
The state’s paid sick days coalition, led by the North Carolina Justice Center, will continue to generate support for paid sick days in 2008. The bill they are supporting would guarantee all workers with one hour of paid sick time for every 30 hours worked, up to a maximum of seven days annually. The paid sick days provided could be used for an employee’s own illness, to care for a sick family member, or to recover from incidents of domestic violence.
Status: The bill will be considered by the legislature in its short 2008 session, which will convene on May 13.
For more information, visit www.ncjustice.org
OHIO
The Ohio Healthy Families Act, HB 536, would require businesses with 25 or more workers to allow employees to earn seven paid sick days per year. The campaign is led by the Ohioans for Healthy Families Coalition, a diverse network of more than 190 community organizations and leaders throughout the state.
Status: As part of Ohio’s initiated statute procedure, advocates in 2007 collected over 275,000 petition signatures, well over the 120,000 signatures necessary, to bring the legislation before lawmakers in 2008. The legislature was tasked with considering the bill, and a hearing was held in the House Commerce and Labor Committee on Apr. 15. But by May 8, the Ohio General Assembly had failed to pass or even vote on the Ohio Healthy Families Act within the time allotted under the "initiated statute" provision of the Ohio Constitution. Accordingly, the Ohio Healthy Families Act coalition will begin gathering the 121,000 additional petition signatures necessary to place the measure directly on the November 2008 ballot.
For more information, visit www.sickdaysohio.org
PENNSYLVANIA
PathWaysPA is working to bring paid sick days legislation to the state. They will continue advocating for a bill would guarantee workers with one hour of paid sick time for every 35 hours worked, up to a maximum of 56 hours per year. Businesses with fewer than 15 workers would be required to provide workers with one hour of paid sick time for every 70 hours workers, up to 28 hours a year. At this time, they are also in support of HB 1155, which offers slightly different requirements for paid sick time.
Paid sick days may be used to care for a worker’s own illness, a sick family member, or to recover from or seek services related to incidents of domestic violence.
Status: HB 1155 was introduced in 2007 and referred to the House Labor Relations Committee, and carried over into 2008. No further action has yet been taken this session.
For more information, visit www.pathwayspa.org
WEST VIRGINIA
The West Virginia Healthy Families Coalition, led by SEIU 1199, is advocating for the West Virginia Healthy Families Act. The Act would require businesses with more than 25 workers to allow workers to earn up to 7 paid sick days per year.
Status: The bill, HB 4447, was introduced on February 6 and referred to the House Judiciary Committee. No further action was taken on the bill before the 2008 session ended.
For more information, visit www.sickdayswv.org
MILWAUKEE, WI
The Milwaukee Paid Sick Days Coalition is led by 9to5, National Association of Working Women and includes almost 50 labor, community, faith-based and neighborhood organizations working together to pass a city-wide referendum vote for paid sick days this November. The proposed ordinance would allow all workers in the city of Milwaukee to earn one hour of paid sick time for every 30 hours worked, capped at nine paid sick days a year. Workers in businesses with less than 10 employees would accrue at a rate of one hour for every 50 worked, up to five days a year. Workers will be able to use the time for their own illness, family illness, medical appointments or any absence necessary due to domestic violence, sexual assault or stalking.
Status: The coalition launched a petition drive on April 25 asking city residents to sign on in support of the proposed ordinance. They have 60 days to get 26,000 signatures to move the issue to the City Council. If the Council does not take up the ordinance and pass it, the question will be placed on the November 2008 ballot for Milwaukee voters to decide. As of May 16th, the coalition has gathered over 12,000 valid signatures. This number is almost half of the filing number with over 39 days to go in the process.
For more information, visit www.9to5.org
Compiled by the Multi-State Working Families Consortium and the National Partnership for Women & Families © May 2008.