What do the
United States and Papua New Guinea have in common?
18 May 2015 by Curt Surls
What do the
United States and Papua New Guinea have in common? According to the
United Nations, they are the only countries in the world without any sort of
paid time off for new mothers.
In the Mother’s
Day edition of his HBO show “Last Week Tonight,” John Oliver, the British
comedian who is perpetually incredulous over most things American, juxtaposed
the maudlin, corporate exploitation of the holiday with the grim economic
realities facing working mothers in this country. But Oliver noted a tiny
bright spot. Three states, California, Rhode Island and New Jersey, have
some sort of limited paid leave for new mothers.
California’s paid
family leave program is modest. Payments are only partial and a worker
can be fired for taking paid family leave unless they are also eligible for job
protection under the California Family Rights Act (“CFRA”). Yet, only
workers at companies with 50 or more employees and who have been on the job for
at least a year are covered under CFRA. Accordingly, only about half of
California employees can actually take advantage of the paid family leave
program.
That may be about
to change. Senate Bill 406, currently pending before the California
Legislature, would expand the job-protection coverage of the paid family leave
program to include smaller companies of 25 or more employees. It would
also expand the definition of family member for whom a worker can take
job-protected leave to care for to reflect the realities of modern families, by
including grandparents, grandchildren, siblings, and adult children.
Even this modest
expansion of the paid leave program has drawn the garment-rending wailing of
the Chamber of Commerce, who predictably labeled it a “job killer.” In
the Mother’s Day clip, Oliver mocked the overwrought rhetoric and overblown
fears of Congressional opponents of the unpaid Family Medical Leave Act
(“FMLA”) in 1992:
“Our businesses shall crumble, or cities shall burn and
hungry wolves will roam the streets.”
In reality, a
2012 Department of Labor survey showed only 15% of employers reporting any
significant difficulty in complying with the FMLA. There were no reports
of hungry wolves. A similar study conducted ten years after the enactment
of California’s Paid Family Leave Act found that 90% of California employers
considered the Act to have a positive or neutral effect on productivity,
profit, morale and costs.
Progress in
protecting the economic security of families seems to happen only
incrementally. The expansion of California’s paid leave program reflected
in SB 406 is a great next step. Let’s leave Papua New Guinea in the dust!