[Congressional Record Volume 149, Number 21 (Wednesday, February 5, 2003)]
[Senate]
[Pages S1980-S1981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself, Mr. Kennedy, Mr. Inouye, Mr. Akaka, Mr. 
        Corzine, Mrs. Murray, Ms. Mikulski, Mr. Kerry, Mrs. Clinton, 
        and Mr. Lautenberg):
  S. 304. 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 Inouye, Senator Akaka, Senator Corzine, 
Senator Murray, and Senator Mikulski, to introduce the Family and 
Medical Leave Expansion Act. Today marks the 10th anniversary of the 
enactment of the Family and Medical Leave Act. This landmark 
legislation was nearly a decade in the making, but today, a decade 
after enactment, more than 35 million Americans have taken leave under 
FMLA.
  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'', which we are introducing today 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 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. This would mean that an additional 
13 million Americans would be eligible for leave under the Act, roughly 
240,000 in my own State of Connecticut.
  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 being 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.
  When we talk about a more compassionate America, no where is that 
more evident than in our caregiving leave policies. 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.

[[Page S1981]]

  We talk often of our need to strengthen family values. We cite 
studies about the importance of the first few months of a newborn's 
life. This is our chance to offer more parents the opportunity to spend 
more time with their families, to help fulfill the call to provide a 
more compassionate America.
  I urge my colleagues to support the ``Family and Medical Leave 
Expansion Act'' to promote our family values and ensure the welfare and 
health of hard-working Americans.
  I ask unanimous consent that a copy of the summary of the Family and 
Medical Leave Expansion Act be printed in the Record.

               The Family and Medical Leave Expansion Act


                             Brief Summary

       Background: Since enactment in 1993, more than 35 million 
     employees have taken leave under the Family and Medical Leave 
     Act. Under current law, an employee is eligible for 12 weeks 
     of unpaid leave if she or he has worked for an employer for 
     at least 12 months; has worked for 1,250 hours over the 12 
     months before leave is needed; and works at a location with 
     50 or more employees within 75 miles. About 11 percent of 
     private sector businesses are covered under FMLA; 77 percent 
     of employees work in these covered businesses (although about 
     62 percent of employees are eligible for FMLA).
       According to the most recent data, 52 percent of leave-
     takers have taken time off to care for their own serious 
     illness; 26 percent of leave-takers have taken time off to 
     care for a new child or for maternity disability reasons; 13 
     percent have taken time off to care for a seriously ill 
     parent; 12 percent have taken time off to care for a 
     seriously ill child; and 6 percent have taken time off to 
     care for a seriously ill spouse. About 42 percent of leave 
     takers are men; about 58 percent of leave-takers are women. 
     The median length of leave is 10 days; 80% of leaves are for 
     40 days or fewer. About 73 percent of leave-takers earn 
     $30,000 or more.
       The Family and Medical Leave Expansion Act would expand the 
     scope and coverage of FMLA to ensure that even more American 
     workers do not have to choose between job and family. Too 
     many eligible individuals simply cannot afford unpaid leave. 
     Many forgo leave or take the shortest amount of time possible 
     because the current FMLA law requires only unpaid leave. The 
     Family and Medical Leave Expansion Act would:
       Establish a pilot program to allocate grants to states to 
     provide paid leave for 6 weeks to eligible employees 
     responding to caregiving needs resulting from the birth or 
     adoption of a child or family illness. States may provide for 
     wage replacement directly or through an insurance program, 
     such as a state temporary disability program or a state 
     unemployment compensation program, or other mechanism. Such 
     paid leave shall count toward an eligible employee's 12 weeks 
     of leave under FMLA.
       Expand the number of individuals eligible for FMLA by 
     covering employers with 25 or more employees (to enable 13 
     million more Americans to take FMLA).
       Expand the reasons for leave to include eligible employees 
     addressing domestic violence and its effects, which make the 
     employee unable to perform the functions of the position of 
     such employee or, to care for the son, daughter, or parent of 
     the employee, if such individual is addressing domestic 
     violence and its effects.
       Establish a pilot program within the federal government for 
     the Office of Personnel Management (OPM) to administer a 
     partial or full wage replacement for 6 weeks to eligible 
     employees responding to caregiving needs resulting from the 
     birth or adoption of a child or other family caregiving 
     needs. Such paid leave shall count toward an eligible 
     employee's 12 weeks of leave under FMLA.
       Allows employees to use a total of 24 hours during any 12 
     month period to participate in a school activity of a son or 
     daughter, such as parent-teacher conference, or to 
     participate in literacy training under a family literacy 
     program.
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