Let’s Celebrate 30 Years of FMLA With Paid Leave for All

This year marks the 30th Anniversary of the Family and Medical Leave Act (FMLA). This landmark legislation provides unpaid, job-protected leave to an estimated 56% of the workforce. Over the last 30 years, it is estimated that FMLA has been used more than 460 million times. That is hundreds of millions of people who—because of FMLA– were able to take time away from work to welcome a new child, to care for their loved ones, to handle their own serious health condition and to address other covered needs. 

Unfortunately, due to the bill’s coverage and eligibility restrictions, millions of workers are excluded from this federal protection. Workers of color are less likely to be eligible for FMLA-covered leave, including 55% of Native American, Pacific Islander or multiracial workers; 48% Latine; 47% Asian American; and 43% of Black workers compared to 42% of White workers. Additionally, many workers cannot use FMLA because they cannot afford to lose their paychecks for that period. 

The need to expand FMLA and ultimately a federal paid family and medical leave program is felt the most by Black women who have higher workforce participation in comparison to other groups of women. Nearly 80% of Black mothers are breadwinners for their households. An estimated 1.1 million Black women need leave every year but do not take it, often facing consequences to their health. Wages lost during unpaid or poorly-paid leaves total an estimated $3.9 billion in lost income each year for Black women alone. 

The lack of equitable labor and workplace policies contributes to the racial wealth and income divide. This is exemplified in issues like occupational segregation, which leads to occupations with more men tending to be paid better (regardless of skill or education), while pay decreases in occupations with more women. This is also seen with race, with women of color at all education levels being segregated into positions with lower wages in comparison to their White counterparts, as well as in long-standing labor law. Some examples include the Fair Labor Standards Act excludes certain job categories from protections and immigration laws which inhibit the ability of immigrant workers to exercise their full rights in the workplace. These issues contribute to workers of color having less access to critical programs like retirement, health care and paid leave.  

In recent decades, 15 states and D.C have enacted differing versions of sick leave or paid family and medical leave laws.. These state programs have given us a wealth of information on the benefits of paid leave. State models have shown that paid leave programs improve public health outcomes and have widely positive outcomes with all employers, with the best outcomes from small businesses (fewer than 50 employees). After implementation, results included:  

  • Increased family caregivers’ workforce participation;  
  • Greatly reduced likelihood that new mothers would slip into poverty;  
  • Increased household incomes; and  
  • Decreased likelihood that working people will need to access SNAP and other public support programs in the year following a child’s birth. 

While the benefits of these programs are clear, the lack of a uniform federal program has left workers and businesses with a patchwork of policies that are overly complicated and creates an incredible burden. No one’s access to paid leave should be determined by the state they live in. Everyone, businesses and workers alike, would benefit from a national program that reduces overlapping policies and gives everyone the same opportunities.  

A strong federal paid leave program should:  

  • Cover all workers.  
  • Provide comprehensive coverage for a wide range of reasons people need time off. 
  • Allow at least 12 weeks of leave.  
  • Ensure wage replacement is high enough that all workers can afford to take the leave. 
  • Protect employees from retaliation in the workplace.  

A federal paid family and medical leave program would be transformative for families across the country, especially families of color. Prosperity Now is proud to work with the robust coalition of supporters for paid leave and will continue to work towards paid leave for all. To read more about our commitment to paid leave and other issues of economic justice, check out our 2023 policy priorities, “Federal Policies for Prosperity: Driving BIPOC Economic Well-Being Forward at the Federal Level” here.  

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