Skip to main content

Extend family leave to all workers

By Janet Walsh, Special to CNN
updated 8:02 AM EST, Wed February 6, 2013
Janet Walsh says the Family and Medical Leave act has brought great benefits, but has not kept pace with changing workforce
Janet Walsh says the Family and Medical Leave act has brought great benefits, but has not kept pace with changing workforce
STORY HIGHLIGHTS
  • Family and Medical Leave Act let Janet Walsh keep job while taking time off to care for mom
  • Act is 20 years old this week, a boon, but hasn't kept up with changing workplace she says
  • She says about 50% workers eligible for Act. And many can't afford to take unpaid time off
  • Walsh: Family leave insurance, for paid leave, has been shown to increase productivity

Editor's note: Janet Walsh is deputy women's rights director at Human Rights Watch and the author of "Failing its Families: Lack of Paid Leave and Work-Family Supports in the US." Follow her on Twitter: @JanetHRW.

(CNN) -- Two years ago, the signs were clear. My mother, with Alzheimer's, heart failure, and kidney failure, was not going to live long. My brothers and I took time off work for medical appointments and hospice care. I worried about her comfort, about how my dad would cope and how the grandkids would feel.

But I never had to worry about one thing: my job.

I knew I could take family leave without being fired. My workplace has generous leave policies. And thanks to the Family and Medical Leave Act (FMLA) -- enacted 20 years ago this week -- I had a legal right to job-protected leave. The FMLA has been used more than 100 million times by women and men to care for parents, children and spouses with serious illnesses, to bond with new children and to manage their own serious health conditions.

But millions of other workers are not so lucky. The FMLA, which grants job protection for up to three months of leave, applies only to enterprises with 50 or more employees. Eligibility requirements exclude many workers. In other words, close to half of the American workforce has no FMLA protection.

Even among eligible workers, many cannot afford to take family or medical leave. This law guarantees only unpaid leave. Only about 12% of the work force has access to paid family leave through employers. As a result, many workers have to choose between a paycheck and their family's well being.

Beyond that, work-family policies have not kept up with the dramatic changes that the U.S. work force has experienced over the past few decades, particularly with regard to women. The labor force participation rate for mothers of young children stood at 70.6% in 2011, compared with 47% in 1975. Men, though still doing less family caregiving than women, are taking greater responsibility for it than before. The proportion of men caring for relatives with Alzheimer's or dementia, for example, doubled -- from 19% to 40% -- from 1996 to 2009.

As the FMLA turns 20, it is time to bring it up to date for today's work force. This includes expanding coverage and establishing family and medical leave insurance to make leave affordable.

Studies from other countries have found that paid family and medical leave programs boost productivity. One study of 19 developed countries found that paid parental leave had a significantly greater positive effect on productivity than unpaid leave. The study also said that instituting paid leave in countries (such as the U.S.) without it could increase productivity.

Cursing could cost you that promotion
Group tries to give hope to unemployed
Hidden germs in the workplace

Paid leave helps retain employees and avoid turnover costs. One study found that 94% of leave-takers who received full pay returned to the same employer, compared with 76% of those with no pay.

Paid family leave is associated with better health and lower health care costs. A 2010 study found that the United States could prevent nearly 900 infant deaths and save $13 billion per year if 90% of mothers breastfed exclusively for six months. But only 47% of U.S. babies are breastfed at all at 6 months, and only 16 percent exclusively. Paid family leave has been shown to dramatically increase breastfeeding, such as in California, where the introduction of paid family leave doubled the median duration of breastfeeding for new mothers who used it.

The bottom line is that paid family and medical leave pays off. It increases productivity, reduces turnover costs, and results in health care savings.

The only two states with family leave insurance programs -- California and New Jersey -- are showing positive outcomes, and proving that such insurance programs are affordable. The vast majority of California businesses included in a 2011 survey said that the program had a positive effect or no noticeable effect on productivity, profitability, turnover, and employee morale. Both New Jersey and California finance their programs exclusively through small payroll deductions for workers (with no employer contribution), and offer six weeks of partially paid leave. In New Jersey, workers pay .001% of the taxable wage base (maxing out at $30.90 for 2013), and can get up to $584 per week during leave.

The days before my mother's death were peaceful and positive. I had the privilege of being with my family for this graceful end, and peace of mind from knowing my job was secure. Enhancing U.S. law to give all workers this kind of security would benefit not just workers, but businesses and the economy as a whole.

Follow us on Twitter @CNNOpinion.

Join us on Facebook/CNNOpinion.

The opinions expressed by this commentary are solely those of Janet Walsh

ADVERTISEMENT
Part of complete coverage on
updated 4:08 PM EST, Sat December 13, 2014
The NFL's new Player Conduct Policy was a missed chance to get serious about domestic violence, says Mel Robbins.
updated 12:40 PM EST, Tue December 16, 2014
The slaughter of more than 130 children by the Pakistani Taliban may prove as pivotal to Pakistan's security policy as the 9/11 attacks were for the U.S., says Peter Bergen.
updated 11:00 AM EST, Wed December 17, 2014
The Internet is an online extension of our own neighborhoods. It's time for us to take their protection just as seriously, says Arun Vishwanath.
updated 4:54 PM EST, Tue December 16, 2014
Gayle Lemmon says we must speak out for the right of children to education -- and peace
updated 5:23 AM EST, Wed December 17, 2014
Russia's economic woes just seem to be getting worse. How will President Vladimir Putin respond? Frida Ghitis gives her take.
updated 1:39 AM EST, Wed December 17, 2014
Australia has generally seen itself as detached from the threat of terrorism. The hostage incident this week may change that, writes Max Barry.
updated 3:20 PM EST, Fri December 12, 2014
Thomas Maier says the trove of letters the Kennedy family has tried to guard from public view gives insight into the Kennedy legacy and the history of era.
updated 9:56 AM EST, Mon December 15, 2014
Will Congress reform the CIA? It's probably best not to expect much from Washington. This is not the 1970s, and the chances for substantive reform are not good.
updated 4:01 PM EST, Mon December 15, 2014
From superstorms to droughts, not a week goes by without a major disruption somewhere in the U.S. But with the right planning, natural disasters don't have to be devastating.
updated 9:53 AM EST, Mon December 15, 2014
Would you rather be sexy or smart? Carol Costello says she hates this dumb question.
updated 5:53 PM EST, Sun December 14, 2014
A story about Pope Francis allegedly saying animals can go to heaven went viral late last week. The problem is that it wasn't true. Heidi Schlumpf looks at the discussion.
updated 10:50 AM EST, Sun December 14, 2014
Democratic leaders should wake up to the reality that the party's path to electoral power runs through the streets, where part of the party's base has been marching for months, says Errol Louis
updated 4:23 PM EST, Sat December 13, 2014
David Gergen: John Brennan deserves a national salute for his efforts to put the report about the CIA in perspective
updated 9:26 AM EST, Fri December 12, 2014
Anwar Sanders says that in some ways, cops and protesters are on the same side
updated 9:39 AM EST, Thu December 11, 2014
A view by Samir Naji, a Yemeni who was accused of serving in Osama bin Laden's security detail and imprisoned for nearly 13 years without charge in Guantanamo Bay
updated 12:38 PM EST, Sun December 14, 2014
S.E. Cupp asks: How much reality do you really want in your escapist TV fare?
updated 1:28 PM EST, Thu December 11, 2014
Rip Rapson says the city's 'Grand Bargain' saved pensions and a world class art collection by pulling varied stakeholders together, setting civic priorities and thinking outside the box
updated 6:10 PM EST, Sat December 13, 2014
Glenn Schwartz says the airing of the company's embarrassing emails might wake us up to the usefulness of talking in-person instead of electronically
updated 5:33 PM EST, Fri December 12, 2014
The computer glitch that disrupted air traffic over the U.K. on Friday was a nuisance, but not dangerous, says Les Abend
updated 12:40 PM EST, Fri December 12, 2014
Newt Gingrich says the CBO didn't provide an accurate picture of Obamacare's impact, so why rehire its boss?
updated 7:40 PM EST, Fri December 12, 2014
Russian aggression has made it clear Ukraine must rethink its security plans, says Olexander Motsyk, Ukrainian ambassador to the U.S.
updated 7:46 PM EST, Thu December 11, 2014
The Senate committee report on torture has highlighted partisan divisions on CIA methods, says Will Marshall. Republicans and Democrats are to blame.
updated 1:33 PM EST, Thu December 11, 2014
It would be dishonest to say that 2014 has been a good year for women. But that hasn't stopped some standing out, says Frida Ghitis.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT