II 110th CONGRESS 1st Session S. 1681 IN THE SENATE OF THE UNITED STATES June 21, 2007 Mr. Dodd (for himself and Mr. Stevens) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for a paid family and medical leave insurance program, and for other purposes.

1.

Short title

This Act may be cited as the Family Leave Insurance Act of 2007.

2.

Congressional findings

Congress finds the following: (1)Since its passage, the Family and Medical Leave Act of 1993 (referred to in this section as the FMLA) has assisted millions of employees in balancing the demands of their jobs with their family responsibilities. However, many eligible employees are not able to utilize the benefits of the FMLA because FMLA leave is unpaid. According to a 2000 survey on the FMLA by the Department of Labor, among those employees who need FMLA leave and don't take it, 78 percent don't take it because they can't afford it. (2)An analysis of national data from the 2000 FMLA survey by the Center for Women and Work at Rutgers University suggests that employees suffer severe financial hardship in order to be responsible family members and provide minor children and aging parents with the care they need. For example, among employees who needed to care for a seriously ill child— (A)42 percent took time off even though they received no pay while doing so; (B)46 percent received full or partial pay during at least part of the time off (including receiving pay for reasons such as use of vacation time); and (C)12 percent could not take time off to care for the child due to lack of pay. (3)Americans who provide direct care for their family members prevent the worsening of illnesses and promote strong recovery. For example, the length of a child's stay in the hospital decreases by 31 percent when parents are able to be present. (4)Forty-three percent of private sector employees do not have access to paid sick leave, as reported in the Bureau of Labor Statistics National Compensation Survey in March 2006. Of those employees who do have paid sick leave, many are not able to use their own sick leave to receive payment while caring for family members who are ill. (5)Family and medical leave benefits strengthen and support the business sector through health care savings and increased employee retention and productivity. (6)Demographic changes over the past few decades have altered the face and needs of the workforce. It is now common for both parents to be in the workforce and for men and women to also serve as the primary caregivers for elderly spouses or parents. (7)According to the Bureau of the Census and the Bureau of Labor Statistics, 56 percent of women with children under age 1 are in the labor force, while 71 percent of all women with dependent children under age 18 are in the labor force. (8)Nearly 2/3 of Americans under the age of 60 expect to be responsible for the care of an elderly relative in the next 10 years.

3.

General definitions

(a)

In general

The definitions provided by section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611), other than the definitions of the terms eligible employee and employer, shall apply for purposes of this Act. (b)

Additional definitions

In this Act, the following additional definitions shall apply: (1)

Board of trustees

The term Board of Trustees means the Board of Trustees of the Insurance Fund. (2)

Insurance fund

The term Insurance Fund means the Family and Medical Leave Insurance Fund established under section 301. (3)

Managing trustee

The term Managing Trustee means the Managing Trustee of the Board of Trustees of the Insurance Fund.