[Congressional Record Volume 148, Number 137 (Thursday, October 17, 2002)]
[Senate]
[Pages S10709-S10710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself, Mr. Kennedy, Mrs. Murray, Mrs. Boxer, 
        Mr. Inouye, Mr. Akaka, and Mr. Corzine):
  S. 3141. A bill to amend the Family and Medical Leave Act of 1993 to 
expand the scope of the Act, and for other purposes; to the Committee 
on Health, Education, Labor, and Pensions.
  Mr. DODD: Mr. President, I am pleased to join with my colleagues 
Senator Kennedy, Senator Murray, Senator Boxer, Senator Inouye, Senator 
Akaka, and Senator Corzine to introduce the ``Family and Medical Leave 
Expansion Act.'' Since enactment in 1993, more than 35 million 
Americans have taken leave under the Family and Medical Leave Act.
  Despite the many Americans the Family and Medical Leave Act has 
helped, too many continue to be left behind. Too many continue to have 
to choose between job and family. The facts are clear: millions of 
Americans remain uncovered by the Family and Medical Leave Act. And, 
too many who are eligible for the Family and Medical Leave Act cannot 
afford to take unpaid leave from work. The ``Family and Medical Leave 
Expansion Act'' addresses both these problems.
  The ``Family and Medical Leave Expansion Act'' would expand the scope 
and coverage of FMLA. It would fund pilot programs at the state level 
to offer partial or full wage replacement programs to ensure that 
employees do not have to choose between job and family.
  Times have changed over the years. More and more mothers are working. 
While only 27 percent of mothers with infants were in the labor force 
in 1960, by 1999 that percentage rose to nearly 60 percent. Even as 
employment rates within this group rises, family responsibilities 
remain constant, a reality that lies at the core of the FMLA. According 
to an employee survey by the Department of Labor, about one fifth of US 
workers have a need for some form of leave covered under the FMLA, and 
about 40 percent of all employees think they will need FMLA-covered 
leave within the next five years.
  According to a Department of Labor study in 2000, leave to care for 
one's own health or for the health of a seriously ill child, spouse or 
parent, together account for almost 80 percent of all FMLA leave. 
Approximately 52 percent of the leave taken is due to employees' own 
serious health problems, while 26 percent of the leave is taken

[[Page S10710]]

by young parents caring for their children at birth or adoption.
  The FMLA requires that all public sector employers and private 
employers of 50 or more employees provide up to twelve weeks of unpaid 
leave for medical and family care reasons for eligible employees. About 
77 percent of employees, in the private and public sector, currently 
work in FMLA-covered sites, although only 62 percent of employees are 
actually eligible for leave.
  However, only 11 percent of private sector work sites are covered 
under FMLA. Individuals working for small private employers deserve the 
same work protections afforded to other employees. As a step toward 
expanding protection to all hard-working Americans, this bill would 
extend FMLA coverage to all private sector worksites with 25 or more 
employees within a 75-mile radius.
  Mothers and fathers, sons and daughters have the same family 
responsibilities and personal health problems, regardless of whether 
they work for the government, a large private enterprise, or a small 
private business. Expanding the FMLA to businesses with 25 or more 
employees is a crucial acknowledgment of this reality.
  The bill recognizes the enormous physical and emotional toll domestic 
violence takes on victims. The bill expands the scope of FMLA to 
include leave for individuals to care for themselves or to care for a 
daughter, son, or parent suffering from domestic violence.
  Expanding the scope and coverage of FMLA is a positive step for many 
Americans. But, alone, it is not enough. According to a Department of 
Labor study, 3.5 million covered Americans needed leave but, without 
wage replacement, could not afford to take leave. Over four-fifths of 
those who needed leave but did not take it said they could not afford 
unpaid leave. Others cut their leave short, with the average duration 
of FMLA leave being 10 days. Of those individuals taking leave under 
the Family and Medical Leave Act, nearly three-quarters had incomes 
above $30,000.
  While the financial sacrifice is often enormous, the need for leave 
can be even more so. Every year, many Americans bite the bullet and 
accept unpaid leave. As a result, nine percent of leave takers go on 
public assistance to cover their lost wages. Almost twelve percent of 
female leave takers use public assistance for this reason. These 
individuals are far from unwilling to work. Instead, they are trying to 
balance work with family, often during a crisis, too often with 
inadequate means to get by.
  Other major industrialized nations have implemented policies far more 
family-friendly to promote early childhood development and family 
caregiving. At least 128 countries provide paid and job-protected 
maternity leave, with sixteen weeks the average basic paid leave. In 
1992, before we enacted the Family and Medical Leave Act, the European 
Union mandated a paid fourteen week maternity leave as a health and 
safety measure. Among the 29 Organization for Economic Cooperation and 
Development, OECD, countries, the average childbirth-related leave is 
44 weeks, while the average duration of paid leave is 36 weeks.
  Compared to these other developed nations, the United States is far 
behind in efforts to promote worker welfare and productivity. The 
``Family and Medical Leave Expansion Act'' builds on current law to 
provide pilot programs for states and the federal government to provide 
for partial or full wage replacement for 6 weeks. At a minimum, this 
will ensure that parents can continue to make ends meet while taking 
family and medical leave.
  No one should have to choose between work and family. Women and men 
deserve to take leave when family or health conditions require it 
without fear of losing their job or livelihood. We must not simply pay 
lip service to family integrity and the promotion of a healthy 
workplace. Instead, we must actively work to reduce workplace barriers. 
I urge my colleagues to support the ``Family and Medical Leave 
Expansion Act'' to promote our national values and ensure the welfare 
and health of hard-working Americans.
                                 ______