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Ann O'Leary

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Working Parents Need Protections Now

Posted: 03/ 4/2012 4:00 pm

Ever wonder what happens to a worker who becomes disabled for weeks from injuries in a car accident? Or the worker who has a baby but no maternity leave? Or the worker whose parent, suffering from Alzheimer's, falls and hits his head and can no longer live alone?

Here's what happens, and neither option is appealing:

One, they stay home, a necessity in such cases as an auto accident or giving birth. It risks losing pay, and, sometimes, the job. In either case, it can set off a downward spiral. A 2001 Harvard Law School study found that a quarter of two-income couples who filed for bankruptcy did so after one of them missed work to recover from an illness or to care for a family member suffering an illness.

Or, two, they can work through the illness or injury, or they can return to work before recovery is complete. Neither is ideal -- for the health of the worker or for the affected family member. Workers who return too soon often relapse, causing more lost productivity; and in the case of sick kids, The American Academy of Pediatrics says "family-centered care" is a key contributor to better health outcomes but for kids whose parents can't stay home their health suffers.

Whichever the choice, workers are left to fend for themselves with no protections against lost income. It happens every day across America, and in each instance, it's neither right for the family nor smart for businesses or the economy.

Slowly, that's changing. While partisan rancor in Congress undermines the possibility of passing legislation any time soon that would require employers to offer a minimum number of paid sick days, or create a national insurance program for paid family and medical leave, a handful of cities and states have enacted programs that safeguard workers and their families, and others are considering them.

Connecticut along with San Francisco, the District of Columbia, and Seattle now all require at least some employers to offer a minimum level of paid sick days. California and New Jersey now offer paid family and medical leave insurance, allowing workers to take up to six weeks of leave for the birth of a child or to care for a seriously ill family member and longer to recover from one's own illness.

Now, it's Washington state's turn.

Recently, I had the privilege of testifying before a joint session of its House and Senate labor committees on two important measures under consideration. One would provide funding for a program enacted in 2007 yet never implemented that would allow workers to take up to 6 weeks of paid parental leave. The other would expand that law to allow leave for family care and for a worker's own medical needs. Lawmakers have yet to identify funding streams.

Despite the urgent need in a changed world, where we no longer have stay-at-home moms to care for ailing family members and the obvious medical, economic and social benefits of paid leave, some committee members seemed unconvinced. They expressed concerns about the impact on the state budget and on businesses.

Those concerns are misplaced.

Administrative costs would be minimal because Washington state, like all states, has an agency already processing unemployment insurance claims. Adding paid family leave would take a little time but not a lot of additional money.

The business argument doesn't wash either. In California, where paid family leave is funded entirely through a payroll tax on employees, a new study by researchers Ruth Milkman and Eileen Appelbaum found that 89 percent of state businesses viewed paid family leave as positive or having no effect, 87 percent said it generates no additional costs and 9 percent said it actually saved money.

Families are struggling today and the economic costs of being ill, having a baby or taking care of a sick family member only make families and children more vulnerable.

But it's not only families who lose -- employers lose valuable employees who must choose care over work, and the economy loses income that is reinvested in the community.

The question before lawmakers in Washington state and else where isn't whether workers should be able to take time off to care for ill family members or to recover, without losing pay. The real question is why all states aren't following California, New Jersey, and Connecticut with a smarter economic policy that protects families against these risks, reduces the shock on business and the economy and preserves the health and well-being of America's next generation.

 
Ever wonder what happens to a worker who becomes disabled for weeks from injuries in a car accident? Or the worker who has a baby but no maternity leave? Or the worker whose parent, suffering from Alz...
Ever wonder what happens to a worker who becomes disabled for weeks from injuries in a car accident? Or the worker who has a baby but no maternity leave? Or the worker whose parent, suffering from Alz...
 
 
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HUFFPOST SUPER USER
Law101
My micro-bio is now full.
04:02 PM on 03/05/2012
The fact that giving workers basic protections against getting fired due to family illness or maternity is even being DEBATED is testimony to how effective the right-wing, union-busting propaganda machine has been.
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HUFFPOST SUPER USER
Law101
My micro-bio is now full.
03:52 PM on 03/05/2012
Republicans always argue that the ability to fire people for any or no reason is essential to the economy. Otherwise, businesses might start relocating to other countries like China... wait, that already happened.

If you or a family member gets sick, disabled, or god forbid pregnant, then you dont have a right to a job, health insurance, or a pot to pee in. Meanwhile in every other industrialized country, all these rights are a given.
03:18 PM on 03/05/2012
Important issue for states to sort out
12:32 PM on 03/05/2012
Ahh. The old 6 six week paid vacation plan. And, it's all free too.
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Ignoratio Elenchi
I don't want to live on this planet any more
04:15 PM on 03/05/2012
Have YOU ever spent six weeks with a newborn? Is that your idea of a vacation?
Do you have any idea the recovery time from childbirth? Even in the Middle Ages women weren't forced back into the open for at least four weeks.
08:06 AM on 03/06/2012
I wouldn't know about sitting around the house enjoying a newborn. Mine came early and I had to drive to the hospital three times a day to be with him and deliver milk. Started the day after giving birth.
HUFFPOST SUPER USER
bzimmerman
12:01 PM on 03/05/2012
I have worked in food service and hospitality for more than 30 years. If you are sick, in this industry, you'd better not call in. Even though we are constantly told to stay home when ill, we can not.

Most in this industry make little more than minimum wage. We can not afford to take days off to treat the flu, and many employers will threaten you with termination if you don't come in to work. Particularly in the restaurant business, there is no such thing as, paid sick leave, or vacation time. One restaurant I worked for, closed every year for the entire moth of August. We didn't get any pay for that month, instead we had to apply for unemployment for that month, just to get by.
04:36 PM on 03/05/2012
scary and disappointing, really, that the people who are handling our food can't take time off.
11:44 AM on 03/05/2012
This is why living in Europe is more appealing. (ie: Denmark) I would emigrate in a heartbeat if it wasn't so hard to become a citizen.
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IsotelusMaximus
Appalachian American
12:30 PM on 03/05/2012
You mean, you can't just stroll across the border and start up residency? Hmm..
01:34 PM on 03/05/2012
I love Denmark.
11:44 AM on 03/05/2012
why just focus on the parents. what happens to single people when they suffer an injury? they are supposed to be able to take care of themselves so they don't get any type of assistance.
11:39 AM on 03/05/2012
So, when I had my children (2 at the same time, twins), I did have paid maternity leave. Which is something I knew about and researched before becoming pregnant. But I had a problem pregnancy and spent from 24 weeks on short term disability, then was paid for 6 weeks of maternity leave, but my babies were in the NICU for 5 and 6 weeks, so had I gone with just what I was paid for I would have gone back to work when they had just arrived home.

So I took 6 unpaid weeks, part of which was not protected by FMLA, but I was valuable enough to retain I guess, as I kept my job.

Anyways, I planned financially for all of this. If you go into a pregnancy knowing you do not get paid for maternity leave or any other thing that may happen, and you cannot even plan for those financial circumstances, how are you ever going to afford to raise a child? They are way more expensive than 6 unpaid weeks of work.
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Ignoratio Elenchi
I don't want to live on this planet any more
06:08 PM on 03/05/2012
Because if the story of the human race (and mammals in general) has taught us anything, it's that they are good at planning pregnancy...
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HUFFPOST SUPER USER
IndyFem
11:23 AM on 03/05/2012
Approx. 34% of the Nation's work force is Self-Employed. Although we pay Taxes like everyone else...we do not have an Employer....who the Government can "force" to take care of us should we experience an unfortunate event in our personal lives. We deal with it ourselves without the Government providing any safety net. 34% is a LOT of American Workers..... that do not benefit from these Government efforts to protect the other 66%.
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multidoc
Re-animating the dead since 1922
11:50 AM on 03/05/2012
Yes, the coverage they are speaking of should not be tied to an employer at all.
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HUFFPOST SUPER USER
Law101
My micro-bio is now full.
04:53 PM on 03/05/2012
Sounds like a great argument for a single payer health care plan.
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HUFFPOST SUPER USER
Annie Snyder
Not Going to Sit Down and Shut Up
11:06 AM on 03/05/2012
Isn't it odd that it is always the people who talk loudest and longest about family values that bitch and moan when actually called upon to make it possible for families to be successful at raising children, successful at retaining employment, and successful at moving their careers ahead to better care for their families? No, considering the sources of said moaning, I guess it isn't odd at all. Their veneer of family values is just that, a very thin veneer.
HUFFPOST SUPER USER
bzimmerman
12:04 PM on 03/05/2012
The problem is, those who talk loudest are also those that are wealthy enough to not worry about losing a weeks work. Most have gold plated healthcare, paid sick leave, paid personal days and paid vacations to draw against.
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Ignoratio Elenchi
I don't want to live on this planet any more
04:18 PM on 03/05/2012
Wow, very well said!
JStading
"Shall NOT be infringed" means what it says.
11:05 AM on 03/05/2012
"The business argument doesn't wash either. In California, where paid family leave is funded entirely through a payroll tax on employees, a new study by researchers Ruth Milkman and Eileen Appelbaum found that 89 percent of state businesses viewed paid family leave as positive or having no effect, 87 percent said it generates no additional costs and 9 percent said it actually saved money." The California approach is essentially a form of compelled insurance. I'm not passing judgment on it, I am just calling it what it is. What's the problem with this? It makes it exceptionally expensive to be an EMPLOYEE in the state. In fact, it's part of the reason (in addition to the state income tax, which is ghastly and the state sales tax, which again is ghastly) why so many ex-Californians are moving to Texas. If paid family leave was covered through an employee paid tax, you might be okay IF it didn't co-exist with the other fees and taxes. Because it does, you essentially need the state insurance because you can't afford to save anything in the state. Sad stuff.
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HUFFPOST SUPER USER
Paul Is Right
10:32 AM on 03/05/2012
"The business argument doesn't wash either. In California, where paid family leave is funded entirely through a payroll tax on employees, a new study by researchers Ruth Milkman and Eileen Appelbaum found that 89 percent of state businesses viewed paid family leave as positive or having no effect, 87 percent said it generates no additional costs and 9 percent said it actually saved money."

Some don't appear to understand that shifting costs doesn't make them go away. Any business who says an additional tax "generates no additional costs" is likely not going to survive.
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HUFFPOST SUPER USER
Gerald Serlin
Retired lawyer. Perserverantia Vincit
10:16 AM on 03/05/2012
I am not sure about the other aspects of this presentation, but the author should leave auto accidents out of the equasion. With the advent of no-fault automobile auto insurance, most, if not all medical expenses suffered, will be covered by insurance. The same applies to loss of income. The author should be more careful in her assertions, in order for her article to carry validity.
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multidoc
Re-animating the dead since 1922
11:53 AM on 03/05/2012
If you have really been an attorney - in this area of law, that is - you know that seldom if ever does insurance cover even most of the expenses and lost income from an automobile accident.
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HUFFPOST SUPER USER
Gerald Serlin
Retired lawyer. Perserverantia Vincit
02:53 PM on 03/05/2012
I practiced in the field of tort law my entire career (almost 44 years). Please believe me that what I told you is correct, in most instances. Loss of income is covered 80%, up to $1000 per month and medical expenses up to $10,000 at 100%.
03:00 PM on 03/05/2012
It depends upon the policy and the insurance company. Many do cover those losses, though.
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HUFFPOST SUPER USER
akitadave
09:40 AM on 03/05/2012
After multiple spinal surgeries and the diagnosis of a degenerative neurological disease I am completely disabled. I purchased short term disablilty insurance and former employer provided long term disability. Now recieve SSDI and long term disability.Wife has a very good job,great medical insurance. I worked very hard for 30 years and spent 6 years in the military. Always planned on working into my 70's. Now at 53 focus on getting the most out of every day and living without regrets.
When I first entered the system a social security disability case manager told me that If I just submitted the requested information and let my medical records represent my case everything would be ok. She was right. I was approved on my first request. I never had to undergo a physical by social security doctors. Medical reports from 2 neurosurgeons, 1 orthopedic surgeon, 3 neurologists, a rehabilitation specialist, a physical therapist and my primary care physician were sufficient. At times I reflect on the young woman I saw at the social security office who was in a rage because her claim had been denied. She was told that a single report from a mental health professional stating that she was stressed out was insufficient medical evidence to award SSDI. I wanted to tell her to let go of the rage, get out there and live her life and embrace the opportunities.
Trust me meeting the medical criteria for qualifying for disability payments is no fun.
09:32 AM on 03/05/2012
meanwhile, the rest of the developed world is looking on wondering why on earth the USA does not already have these provisions in place.