Recognizing the 30th Anniversary of the Family Medical Leave Act

Floor Speech

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Mr. DAVIS of Illinois. Mr. Speaker, this spring, we mark the 30th anniversary of the Family and Medical Leave Act, known as FMLA. This groundbreaking law allows millions of workers to take unpaid leave from their jobs when necessary, without the fear of losing their jobs or being forced to choose retaining a job over the needs of themselves or their families.

Prior to the passage of the FMLA, there were no uniform laws or guaranteed leave for workers. None. In 1993, with bipartisan support, Congress passed, and President Bill Clinton signed into law, the Family and Medical Leave Act.

FMLA has remained crucial for workers all over the United States for three decades. It has provided workers across the country with 12 weeks of leave to care for a new child, an ill family member, or their own health. During this time, one's job is guaranteed. Unfortunately, FMLA leave is entirely unpaid, only about 56 percent of workers are eligible for the program due to strict eligibility requirements regarding tenure and worksite size, it restricts the definition of family to exclude millions of caregivers, and the stark reality is that many workers cannot go without income.

As we celebrate 30 years of FMLA, Congress should recognize that paid family and medical leave is long overdue. The pandemic made crystal clear that the current patchwork system fails to cover many workers, especially low-paid workers, and harms our economy by removing millions of workers from the labor force and hundreds of millions of dollars in earnings. Limiting leave to those who can afford time off without pay harms workers of color and lower-wage workers, in particular. For example, Black workers are 86 percent more likely to be unable to take leave when they need to care for others or themselves. Indeed, 68 percent of Black women are the sole breadwinners in their households, making any loss of pay due to illness or caregiving a tremendous hardship. Families should not face the unethical choice of earning a paycheck or caring for their loved ones or themselves.

As the lead Democrat of the Ways and Means Committee Subcommittee on Worker and Family Support, which has jurisdiction over paid leave, I am proud that House Democrats passed out of the House the first-ever, universal, comprehensive paid family and medical leave program. Had the Republicans in the Senate not blocked its final passage, this program would have provided all U.S. workers with up to 4 weeks of paid leave to address a serious personal or family health issue, or to care for a newborn or newly-adopted or fostered child.

Universal paid leave is not a gamble; we have decades of research from state and international implementation that comprehensive protections help businesses retain qualified workers and government support helps level the playing field for small businesses while supporting workers and strengthening the economy. Fourteen states and the District of Columbia have passed laws to provide or require paid leave: Arizona; California, New Jersey; Rhode Island, New York; District of Columbia; Washington; Massachusetts; Connecticut; Oregon; Colorado; New Hampshire; Maryland; Virginia; and Delaware.

Research by the Rutgers University Center for Women and Work found that implementing universal paid family and medical leave would result in higher post-birth wages for women who take paid leave than for those that do not. Given that women are more likely to serve as primary caregiver and, therefore, are more likely to need leave, a federal paid leave program would strengthen the economic security of women. Additionally, research by Zero-to-Three found that the well-being of children would improve dramatically given the availability of parents to care for children and help obtain needed healthcare. Finally, the improved economic well-being of families would boost the economy and business revenue. In fact, paid leave policies creating gender equity would boost GDP by $2.4 trillion by 2030, and policy allowing caregiving for older adults $1.7 trillion by 2030.

I am proud to recognize my home state of Illinois is one of three states (i.e., Illinois, Maine, Nevada) that has enacted mandatory earned time off, a policy that is a substantial leap forward to universal paid family and medical leave. The Illinois Paid Leave for All Workers Act will begin in 2024. It allows workers to accrue one hour of paid leave for every 40 hours workers, with a limit of 40 hours per year. Importantly, workers can use this leave for any reason, not just health care. I also am proud to recognize that ordinances in Cook County and Chicago proved that these policies benefit both workers and employers. This flexible time off for shorter life events coupled with paid family and medical leave for longer periods could substantially support workers, allowing them to remain in the workforce and advance their careers over time while still meeting the needs of themselves and their families.

We must take action to ensure equity for women, workers of color, and low-income workers through comprehensive, universal, paid family and medical leave legislation. Although my Republican colleagues have repeatedly blocked Democratic efforts to enact paid family and medical leave, I promise to continue to champion comprehensive paid family and medical leave legislation to give workers the protections they deserve that will strengthen families, communities, and our country. As we recognize the 30th anniversary of the Family Medical Leave Act, we must commit ourselves to moving toward a future in which all workers enjoy the right to paid leave.

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