[Congressional Record Volume 143, Number 5 (Wednesday, January 22, 1997)]
[Senate]
[Pages S641-S642]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself, Mr. Daschle, Mr. Kennedy, Mrs. 
        Feinstein, and Mr. Kerry):
  S. 183. A bill to amend the Family and Medical Leave Act of 1993 to 
apply the act to a greater percentage of the U.S. work force, and for 
other purposes; to the Committee on Labor and Human Resources.


           THE FAMILY AND MEDICAL LEAVE FAIRNESS ACT OF 1997

  Mr. DODD. Mr. President, we do a great deal of important business 
here in the U.S. Senate, but much of it seems arcane and distant from 
the lives of American families. But last evening, with the airing of a 
CBS made for TV movie, ``A Child's Wish,'' we had a particularly moving 
example of the power we have to make a positive difference in the lives 
of America's families. I don't know how many of my colleagues had a 
chance to see it. It was a fictional story based on the true life 
experiences of two families impacted by the Family and Medical Leave 
Act signed into law by President Clinton in 1993.
  Dixie Yandle was one of those children. I believe she came from North 
Carolina, I say to my colleague from North Carolina. Dixie's father 
lost his job during her struggle with cancer as he sought to spend more 
time with her. She and her parents testified in fact before the 
Congress about the need for family medical leave legislation so that 
what happened to them would not happen to the other parents.
  The second child, Melissa Weaver, was also diagnosed with cancer that 
ultimately proved to be fatal. But due to the Family and Leave Act the 
family was able to spend the last days of her life together. Melissa's 
story is one of many that I heard in 1994 during a series of public 
hearings of the Commission on Family and Medical Leave on

[[Page S642]]

the impact of the Family and Medical Leave Act.
  ``A Child's Wish'' took the lives of these two children and wove them 
together to dramatize how important the Family and Medical Leave Act is 
and how meaningful it is to families. I am hopeful that this movie may 
have helped a lot of people understand the legislation better.
  Today, at a time when many Americans are deeply cynical toward the 
work we do here in Washington, the family and medical leave stands in 
sharp contrast.
  Not only is this legislation making a real difference in the lives of 
the American people, but it has been judged by a bipartisan commission 
to be an unqualified success.
  The Family and Medical Leave Act fulfilled a genuine need among 
America's working families to take leave in times of medical and family 
need.
  With this legislation we established in law a basic standard of 
decency toward America's families.
  Eligible employees were guaranteed 12 weeks of unpaid leave during 
times of genuine family need--such as a birth or adoption, placement of 
a foster child, or in times of serious medical emergency for a child, 
spouse or parent.
  This minimal benefit--unpaid leave--is providing millions of workers 
and their families with vital assistance during times of crisis.
  Yet, even with the apparent success of the FMLA there is still more 
work to be done.
  Millions of Americans continue to face painful choices involving 
their competing responsibilities to family and work.
  Employees not covered by the Family and Medical Leave Act are still 
often told that they must choose between sick family members and their 
jobs.
  In fact today, 43 percent of private sector employees remain 
unprotected by the Family and Medical Leave Act because their employer 
does not meet the current 50 or more employee threshold.
  This legislation I introduce today--the Family and Medical Leave 
Fairness Act of 1997--will extend the Family and Medical Leave Act to 
millions of Americans who remain uncovered.
  This bill would lower the threshold to include coverage for companies 
with 25 or more workers.
  This small step would provide 13 million additional workers with the 
protection of the Family and Medical Leave Act--raising the total 
percentage of the private sector work force covered by the FMLA to 71 
percent.
  In my view, these workers deserve the same job security in times of 
family and medical emergency that workers in lager companies receive 
from the Family and Medical Leave Act.
  With this legislation they will receive it.
  Now, for those of my colleagues who still harbor doubts about the 
success of the Family and Medical Leave Act I strongly urge them to 
examine a recent bipartisan report that documents the positive impact 
of this legislation.
  When the bill was passed in 1993, provisions in the legislation 
established a commission to examine the impact of the act on workers 
and businesses.
  The Family and Medical Leave Commission's analysis spanned 2\1/2\ 
years.
  It included independent research and field hearings across the 
country to learn first hand about the act's impact from individuals and 
the business community.
  The report's conclusions are clear--the Family and Medical Leave Act 
is helping to expand opportunities for working Americans while at the 
same time not placing any undue burden on employers.
  According to the Commission's final report, the Family and Medical 
Leave Act represents ``A significant step in helping a larger cross-
section of working Americans meet their medical and family care giving 
needs while still maintaining their jobs and economic security.''
  Due to this legislation, Americans now possess greater opportunities 
to keep their health benefits, maintain job security, and take longer 
leaves for a greater number of reasons.
  In fact, according to the bipartisan commission--12 million workers 
took job-protected leave for reasons covered by the Family and Medical 
Leave Act during the 18 months of its study.
  But, not only are American workers reaping the benefits. The law is 
working for American business as well. In fact, the conclusions of the 
bipartisan report are a far cry from the concerns that were voiced when 
this law was being considered in Congress.
  The vast majority of businesses--over 94 percent--report little to no 
additional costs associated with the Family and Medical Leave Act.
  More than 92 percent reported no noticeable effect on profitability.
  And nearly 96 percent reported no noticeable effect on business 
growth.
  Additionally, 83 percent of employers reported no noticeable impact 
on employee productivity.
  In fact, 12.6 percent actually reported a positive effect on employee 
productivity from the Family and Medical Leave Act, twice as many as 
reported a negative effect.
  And not only did employers report that compliance with the Family and 
Medical Leave Act was relatively easy and of minimal cost, but 
worksites with a small number of employees generally reported greater 
ease of administration and even smaller costs than large worksites.
  Today, I introduce this legislation with the hope and expectation 
that we can put aside our political differences and build on the 
success of the Family and Medical Leave Act. Last November, the 
American people gave us a mandate--a mandate for good governance.
  The Family and Medical Leave represents the fulfillment of this goal 
and I urge all my colleagues to join with me in supporting this 
critically important legislation for America's working families.
  I think the fact that the law has been working so well has made a 
sufficient difference in people's lives in moments of crises. The fact 
that people are able to be there particularly when a child is dying, so 
that you have the love of parents and a family coming together and you 
don't have to choose between that job and your family is a wonderful 
thing. It has made such a difference in people's lives.
  There have been many issues dealt with in this body over 16 years, 
and there is none that I am more proud of than the day that this body 
voted to support the family and medical leave legislation, and when 
President Clinton signed it into law.
  I am pleased to be joined in this effort by Senator Daschle, Senator 
Kennedy, Senator Feinstein, and Senator Kerry. Mr. President, I can't 
miss the opportunity to briefly say that a friend of mine who is here 
from Pennsylvania, who I know is going to speak on the nomination of 
Madeleine Albright, but the body should know that the Senator from 
Pennsylvania, Senator Specter, was an invaluable ally in that effort 
beginning in the first day we arrived in the Senate some 16 years ago. 
We formed a caucus on children's needs. I thank him for his efforts 
over the years in that regard.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, I thank my colleague from Connecticut for 
those generous comments. He and I cochaired the Children's Caucus in 
the early 1980's. And he mentioned that he and I cosponsored the first 
family leave act exactly 10 years ago at this time--it was in 1987--
which was very important legislation.
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