Khouri 1 Joelle Khouri Ben Henderson CAS 138T 15 April 2014 The Case for Paid Parental Leave

in the United States Though cultural norms have changed to a degree, especially in recent decades, the ideal worker is stillto a large extentmale and free of childcare obligations (Saul 12). Relatedly, women filling the role of primary caregiver is the norm. Parental leave laws in the United States are strikingly inadequate and do nothing to confront these issues. The current requirements for parental leave are regulated by the Family and Medical Leave Act of 1993 (FMLA). Under the FMLA, eligible employees are guaranteed twelve weeks of unpaid, job-protected leave for the birth or care of a newborn child, among other things. However, multiple factors govern eligibility. In order to qualify for leave under the FMLA, an employee must first work for a covered employer. A covered worksite is one with at least 50 employees within a 75 mile radius (US DOL 20). The employee must also have worked for his employer for at least twelve months in the past seven years (20). Furthermore, the employee must have worked 1,250 hours in the year prior to the start of the leave (20). Not only are these requirements limiting, but the structure of the FMLA is also problematic. In order for progress to be made in the arena of gender equality in and out of the workplace, universal paid parental leave must be put into place. Although the FMLA is mandated by the federal government, it does not cover all workers. Furthermore, the FMLAs lacking standards make it inefficient and often infeasible for many people to use. According to a report released by the Wage and Hour Division of the US Department of Labor (DOL) in 2012, only 59.2% of employees are eligible for leave under the

Khouri 2 FMLA (US DOL 21). Specific to parental leave, 96.6% of all employees are offered leave for the care of a newborn, depending on circumstances (33). While this figure seems encompassing, the allowance of some type of parental leave depending on circumstances is not reassuring, nor is it a valid measurementthis leave could be as little as a day off, and it may not even be offered to all workers. Thus, the overall fact remains that forty percent of workers are not covered by the FMLA and therefore are not guaranteed even the most basic leave. The failure of the FMLA to mandate paid leave is just asif not moreproblematic than its lack of coverage, because not everyone can afford to take unpaid leave for an extended period of time, or even at all. Therefore, even those workers eligible for leave under the FMLA may not have the resources to utilize it. Though companies are allowed to offer more than what is mandated by the FMLA, only 21.6% of worksites (weighted by employees at the worksite) offer paid maternity leave to all employees and only 9.0% offer paid paternity leave to all employees (US DOL 136). Furthermore, low-income and part-time workersthe people most in need of financial supportare less likely to be allowed paid parental leave (Failing 2). The FMLA does allow paid leave to be taken concurrently with its leave, meaning that employees may use accrued sick days or vacation days to receive pay while on parental leave (US DOL 92). Again though, these other benefits are more likely to be offered to higher-paid, more important members of companies. This condition is clearly not effective, as 50% of employees who took some amount of leave returned to work because they could not afford to take more time off (110). Additionally, 22% of employees also cited fear of loss of seniority or potential for job advancement as reasons for returning (110), pointing to a workplace culture that does not value familial responsibilities.

Khouri 3 Inadequate parental leave is harmful to workersand their childrenfor multiple reasons, both in terms of health and finance. Parents with little or no leave are more likely to delay their childrens immunizations, and mothers are more likely to stop breastfeeding earlier than they had originally planned (Failing 2). Furthermore, women cite inadequate leave as a contributing factor of postpartum depression and other health issues (Failing 2). On the financial side, many of those who cannot afford leave but take it regardless fall into debt or are forced to rely on public assistance (Failing 3). Not only does inadequate leave affect individual parents and their children, it also has an impact on companies, especially in terms of maternity leave. According to a report issued by the US Census Bureau in 2011, 21.9% of women who had their first child between 2006 and 2008 quit their job during pregnancy or shortly after the birth of their child (Laughlin 9). Companies must spend extra hours and resources to find and train replacements for these women. Paid parental leave would reduce much of the harm described above and finally bring the United States in line with other developed nations. Of parental leave programs worldwide, Sweden stands at the forefront, allowing two months off each for mothers and fathers, and an additional 360 days to be split in any way, all at 80% pay (Sweden). Attempting to implement a system like this in the United States would be infeasible given differences in demographics and cultural values. However, even countries more similar to the United States offer packages that far exceed current American standards. Canada, for example, allows for 35 weeks of shared parental leave with benefits for eligible parents, along with additional maternity leave of varying length depending on the situation (Mohr). The benefits are typically 55% of weekly pay with a cap, though low-income workers may receive up to 80% (Mohr). Though far less encompassing than the benefits offered in Sweden, a program similar to the one in Canada would likely still face tough opposition in the United States. A

Khouri 4 better approach, then, is to look at legislation already enacted by state governments. Currently, the states of California, New Jersey, and Rhode Island have paid family leave insurance programs that cover parental leave. The first two states offer six weeks of paid leave, and latter currently offers four weeks (Schulte). Compensation varies, with California offering the least at approximately 55% pay (FAQs). All of these programs are funded by worker payroll deductions. In New Jersey, for example, workers contribute 1% of their taxable wage base to the family leave program, with a maximum yearly deduction of $31.50 (Cost). Several other statesincluding Washington, New York, Massachusetts, Connecticut, Vermont, and North Carolinaare in some stage of considering similar programs (Schulte). Following in the footsteps of these states, the national government should implement a family leave program that allows for six weeks of paid parental leave for workers nationwide. Like the programs already in place in California, New Jersey, and Rhode Island, this program could be funded by a payroll tax, not by the employers themselves; therefore, employers have no reason to object to such a law on these terms. Furthermore, employers are likely to benefit by retaining more employees who might otherwise quit their jobs, thus saving on retraining costs while also increasing employee satisfaction. The payroll tax on employees would be very lowin current policies it falls between 1 and 1.4% and would arguably have little impact on workers. Any additional funding to start the program, if necessary, could come from the national government. For example, in his proposed budget for the 2012 fiscal year, President Obama included $23 million for the creation of a State Paid Leave Fund that would provide grants to assist additional states to establish paid leave programs (US DOL 4). Although this proposition was not a part of the final budget, it shows that government assistance has been considered in the past and could be implemented in the future.

Khouri 5 The benefits of paid parental leave are extensive. Researchers who have been analyzing Californias decade-old policy determined that the policy has increased the rates at which mothers work the early years after giving birth (Solman), thus leading to an overall increase in productivity. Furthermore, both the number of mothers and fathers who take leave and the duration for which they take it has increased (Solman). Looking at leave in general, fathers who take parental leave are more likely to be remain involved in directly caring for their children as they grow older (Mundy). As a writer for the Atlantic suggests, the biggest beneficiaries arent men, or even babies. In the long run, the true beneficiaries of paternity leave are women, and the companies and nations that benefit when women advance (Mundy). Indeed, a majority of California businesses surveyed by a nonpartisan research center reported a positive or neutral effect of paid leave on profits, turnover and productivity (Schulte). Workers with low-quality jobs who benefited from Californias family leave program were 10% more likely to return to their jobs than those who did not use family leave insurance (Boushey, OLeary, and Mitukiewicz 4). Overall, paid leave has been shown to have no negative effects of companies, and positive effects for workers who use it. The importance of parental leave as opposed to solely maternity leave cannot be overstated. Simply improving maternity leave standards without make the same kinds of adjustments to paternity leave would arguably help out many motherswho are currently the ones most in need of help when it comes to parental leave lawsbut it would have extremely detrimental overall effects in terms of gender equality. Focusing solely on maternity leave perpetuates the ideal of women as primary caregivers and does nothing to address the vision of ideal worker as free of childcare responsibilities. That being said, implementing universal paid parental leave will not immediately and singlehandedly solve gender inequality. Even Sweden,

Khouri 6 which is so often held as an egalitarian standard, still struggles with this issue. Although Sweden offers the most generous parental leave packageand offers it on equal terms, regardless of genderwomen still take 75% of the allocated time (Grose). This likely occurs because, as a whole, men still earn more money than women do. When leave is not fully paid, it makes more sense for the person earning less money to take the leave. Therefore, mothers tend to stay home with their newborn children longer than fathers do so that the father can continue earning more money to support the family. As a result, Swedish men feel more stress than women in terms of balancing family life and their paying jobs because men are increasingly expected to help out at home but are also still responsible for earning more money than their wives (Grose). Although equal paid parental leave is a necessary part of gender equality, it will not be completely successful without a change in societal views to value men and women equally in the workplace. That being said, it is very possible that a wider availability of paternity leavethrough a better parental leave systemwould cause more fathers to take leave and more mothers to keep working, which could help bring about the aforementioned changes in societal views. Changes to parental leave laws at a state level illustrate the inadequacy of the FMLA. States are increasingly taking action to increase standards and efficiency by implementing paid family leave programs. Lack of paid parental leave has negative health and financial ramifications for families involved. As a program funded by employee payroll deductions, paid parental leave would help to solve these issues with no cost or even slight economic benefit to companies. Furthermore, implementation of equal parental leave would challenge deeply ingrained social norms of ideal workers and primary caregivers. It is past time for the United States to join the rest of its economic peers in mandating paid parental leave not only for the

Khouri 7 good health and financial security of its families, but also for the furthering of gender equality, which benefits all.

Khouri 8 Works Cited Boushey, Heather, Ann OLeary, and Alexandra Miukiewicz. The Economic Benefits of Family and Medical Leave Insurance. Center for American Progress. 12 Dec. 2013. Web. 13 Apr. 2014. Cost to the Worker. State of New Jersey: Department of Labor and Workforce Development. N.p.. Web. 13 Apr 2014. <http://lwd.dol.state.nj.us/labor/fli /content/cost.html>. Failing its Families: Lack of Paid Leave and Work-Family Supports in the US. Human Rights Watch. (2011): n. page. Web. 6 Apr. 2014. FAQs - Disability Insurance (DI) Benefits. State of California: Employment Development Department. N.p.. Web. 13 Apr 2014. <http://www.edd.ca.gov /disability/FAQ_DI_Benefits.htm>. Glynn, Sarah Jane, and Jane Farrell. The United States Needs to Guarantee Paid Maternity Leave. Center for American Progress. 8 Mar. 2013. Web. 6 Apr. 2014. Grose, Jessica. Uh Oh. Swedens Not the Egalitarian Paradise of Your Work-Life Balance Dreams. Slate. 09 Oct 2013: n. page. Web. 6 Apr. 2014. Laughlin, Lynda. United States. Census Bureau. Maternity Leave and Employment Patterns of First-Time Mothers: 19612008. 2011. Web. Mohr, Angie. Maternity Leave Basics: Canada vs. the U.S.. Ivestopedia. 14 May 2012: n. page. Web. 6 Apr. 2014. <http://www.investopedia.com/financial-edge/0512/maternityleave-basics-canada-vs.-the-u.s..aspx. Mundy, Liza. "Daddy Track: The Case for Paternity Leave." Atlantic. 22 Dec 2013: n. page. Web. 13 Apr. 2014.

Khouri 9 Saul, Jennifer. Feminism: Issues & Arguments. Croydon: Oxford University Press, 2003. Print. Schulte, Brigid. States make moves toward paid family leave. Washington Post 29 Dec 2013, n. pag. Web. 12 Apr. 2014. Solman, Paul. How Paid Parental Leave Helps You, Your Newborn and the Job Market. PBS Newshour 03 Jan 2014, n. pag. Web. 12 Apr. 2014. Sweden. Gender Equality in Sweden. 2013. Web. <http://sweden.se/society/gender-equality-insweden/>. US Department of Labor. Wage and Hour Division. Family and Medical Leave in 2012: Technical Report. 2012. Web. 6 Apr. 2014. <http://www.dol.gov/asp/evaluation/ fmla/FMLA-2012-Technical-Report.pdf>.