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| 01.08.09 |
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BACKGROUND This shift created a need for greater workplace flexibility, a need which is partially addressed by current family leave laws. Family leave laws strive to promote family stability and economic security. Two laws govern most current family leave practice. The federal Family and Medical Leave Act (FMLA) provides job protection while allowing workers to care for ill or injured family members. FMLA provides a total of 12 weeks of unpaid leave for birth, adoption or serious illness or a spouse, child or parent. In our state, the Family Care Law provides limited paid leave by allowing parents to use accrued sick leave to care for a sick child. Sometimes called the "chicken pox bill," this law addresses those relatively minor but unavoidable childhood illnesses that are not covered under the "serious illness" category of family leave. In 2007, Washington State passed legislation calling for 5 weeks of paid family leave (at $250 per week) for newborns and adopted children, but did not identify a funding source for the program. The problem with most family leave is that most workers cannot afford to take unpaid leave. Today’s family incomes are challenged to meet growing costs of daily living and workers are often forced to make unacceptable choices between caring for ill family members and working to maintain a home for their families. LABOR’S POSITION -- The Washington State Labor Council supports a comprehensive Family Leave Insurance program. When workers must take care of serious health conditions in their families, they should be assured both job security and economic security. A comprehensive paid family leave program is necessary because currently, 40 percent of the workforce does not have access to any family leave because they work for employers not covered by FMLA. And nearly half of the workers in our state have no access to paid sick leave, so they cannot use our state’s Family Care Law, either. It is becoming increasingly more difficult for workers to keep a roof over head and food on the table when faced with their own, or a family member’s, chronic, serious injury or illness. Providing paid Family Leave to workers attending to the serious illness or injury of children, family members and the worker’s own illness promotes family stability and economic security of workers in tough economic times. Family Leave Insurance offers a simple solution to one of the most important problems faced by both workers and businesses -- a cost-effective way to help workers balance their responsibilities and help companies remain competitive. Businesses benefit because when employees come to work sick or distracted by family illnesses, it costs $180 billion annually in lost productivity. Paid family leave will reduce absenteeism, turnover and will reduce the risk of spreading disease in the workplace. RECENT LEGISLATIVE HISTORY 1989 -- HB 1581, the State Family Leave Law, provided up to 12 weeks of unpaid leave in a 24-month period for the birth, adoption or care of terminally ill children, providing job security for workers to return to their jobs with the same level of pay. Passed and signed into law. 1993 -- The federal FMLA passed Congress and replaced our state family leave law. It provides up to 12 weeks of unpaid leave in a 12-month period, with coverage extended to seriously ill children, spouses, parents or the workers themselves, and provided that any health care coverage be maintained by the employer during the family leave. Although state law applied only to employers with 100 or more employees, the federal FMLA broadened coverage to all employers with 50 or more employees. 2001 -- The Washington Family Care Law was expanded to allow workers to use their own paid sick leave to care for ill family members, including spouses, parents, parents-in-law, grandparents, and adult children. 2004 -- HB 2399 introduced to establish paid Family Leave Insurance, with a benefit of $250 per week for up to 5 weeks, financed by 2 cents per hour premiums to be paid equally by employers and employees. HB 2399 was heard in the House Labor and Commerce, but did not pass out of committee. 2005 -- SB 5069 proposed a Family Leave Insurance program similar to the 2004 version. Passed Senate 26-21, amended in House to exempt employers with 50 or fewer employees but allowed those employees to opt in. Died without House vote. 2006 -- SB 6185 codifies federal FMLA into state statute, protecting Washington workers from the Bush Administration’s efforts to redefine "serious illnesses" and weaken its provisions. Passed Senate 37-12, passed House 54-44, signed into law. 2007 -- SB 5659 calls for five (5) weeks of paid family leave for newborns, adopted children and illnesses of family members to be paid at a stipend of $250 per week, but did not identify a funding source. Passed Senate 32-17, amended to remove coverage for family illnesses and removed financing mechanism, passed House 61-36, amended version passed Senate 26-21, signed into law. Return to the WSLC Legislative Issues Index Copyright © 2009 — Washington State Labor Council, AFL-CIO
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