[Congressional Record Volume 151, Number 10 (Thursday, February 3, 2005)]
[Senate]
[Pages S984-S985]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself, Mr. Kennedy, Ms. Mikulski, Mrs. Murray, 
        Mrs. Clinton, Mr. Durbin, Mr. Lautenberg, Mr. Leahy, Mr. Akaka, 
        Mrs. Boxer, and Mr. Corzine):
  S. 282. 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 Mikulski, Senator Murray, Senator Clinton, 
Senator Durbin, Senator Lautenberg, Senator Leahy, Senator Akaka, 
Senator Boxer, and Senator Corzine, to introduce the ``Family and 
Medical Leave Expansion Act.'' Today marks the 12th anniversary of the 
enactment of the Family and Medical Leave Act. This landmark 
legislation was nearly a decade in the making, but today, more than 50 
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 decades ago only a tiny fraction of mothers with infants under 
one year of age were working, in 2004 about 55 percent of mothers with 
infants were working. 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 U.S. 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 5 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.

[[Page S985]]

  The FMLA requires that all public sector employers and private 
employers of 50 or more employees provide up to 12 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 smaller private employers deserve 
the same work protections afforded to other employees. As a step toward 
expanding protection to more 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, adult 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 medium-
sized 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 an average of sixteen weeks of 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 stronger families and worker 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 at least 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, nowhere 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.
  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 bill offers more parents the opportunity to spend time with 
their families when their families most need them.
  I urge my colleagues to support the ``Family and Medical Leave 
Expansion Act'' to promote our family values and to ensure the welfare 
and health of hard-working Americans.
  I ask unanimous consent that a copy of a brief summary of the Family 
and Medical Leave Expansion Act be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

               The Family and Medical Leave Expansion Act


                             Brief Summary

       Background: Since enactment in 1993, more than 50 million 
     employees have taken leave under the Family and Medical Leave 
     Act. The Act guarantees eligible employees working for 
     covered employers access to up to 12 weeks of unpaid, job-
     protected leave within any 12-month period to care for their 
     health or the health of their families without putting their 
     jobs or health insurance at risk. 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 data from a 2001 Department of Labor study, 52 
     percent of leave-takers have taken time off to care for their 
     own serious illness; 26 percent 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 percent of leaves 
     are for 40 days or fewer. About 73 percent of leave-takers 
     earn $30,000 or more.
       While the Family and Medical Leave Act has proven 
     invaluable to many Americans, too many are still not covered 
     by the law and others cannot afford to take leave under the 
     Act because leave is unpaid. Many women and men are unable to 
     take time off to care for their families, whether due to the 
     arrival of a new child or when a medical crisis strikes. More 
     than three in four (78 percent) employees who have needed but 
     who have not taken leave report that they simply could not 
     afford it.
       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 at least 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 at least 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 a parent-teacher conference, or to 
     participate in literacy training under a family literacy 
     program.
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