Julia Osmolia – “Leave? What leave? Women just leave.” was the response Rep. Carolyn B. Maloney, Chairwoman of the House Committee on Oversight and Reform, was given by her office when she asked about the office’s leave policy after discovering she was pregnant with her first child. Until recently, this response was the norm, and lawmakers have been advocating for paid family and medical leave for years. The United States is one of only two nations in the world that does not provide any type of paid leave, and the Family and Medical Leave Act (FMLA), which is over 25 years old,only provides for 12 weeks of unpaid leave for qualified employees. The FMLA only covers approximately 60 percent of the workforce because it provides for exemptions for agencies with less than 50 employees. To make matters worse, the United States Bureau of Labor Statistics found that only 17 percent of companies offered paid parental leave. If a company does not offer paid leave, American employees are left with three options when facing a situation where leave is necessary: (1) lose income; (2) return to work early; or (3) opt not take leave at all.
After experiencing the issue firsthand, Rep. Maloney sponsored a new bill, the Federal Employee Paid Leave Act. Previous versions of the bill called for comprehensive paid family and medical leave and passed the House twice only to be rejected by the Senate. The Senate’s hesitation stemmed from its belief that the bill was too inclusive, “providing federal employees—men and women—with 12 weeks of paid leave for the birth, adoption or fostering of a child, for a serious medical condition, or to care for an ill spouse or parent.” Following negotiations between the House and Senate, the bill passed in the House in a 377-48 vote and passed in the Senate in a 86-8 vote with its final version providing for 12 weeks of guaranteed paid leave for federal employees following the birth, adoption, or fostering of their child.
President Trump did not immediately sign the bill into law. The Federal Employee Paid Leave Act was to be baked into the 2020 National Defense Authorization Act (NDAA), and President Trump wanted to make an addition to the NDAA that required Congress’s cooperation—the creation of the United States Space Force. Congress and President Trump negotiated that in exchange for paid parental leave, the NDAA would also provide for the creation of the U.S. Space Force, and President Trump signed the bill into law on December 20, 2019.
The Federal Employee Paid Leave Act, although a major improvement, has its shortcomings. It doesn’t cover family or medical leave, which are the two major reasons Americans turn to the FMLA for assistance, and only 19 percent of American workers have access to paid family leave and approximately 40 percent have access to paid medical leave. Furthermore, to qualify for paid parental leave, federal employees must work in federal service for one year and must return to work for at least the same amount of time taken for leave or pay for the amount of leave taken.
Advocates of the new law believe that data shows that paid leave contributes positively to both the economy and health of the American workforce and paid parental leave for federal employees will pave the way for more inclusive protections. According to Chairman Gerry Connolly, economists predict that if paid family and medical leave were mandatory in the United States the nation’s finances would improve by $0.5 trillion in economic activity per year. During the hearing for the bill, Rep. Connolly cited a study by the Institute for Women’s Policy Research which found that “agencies could prevent an estimated 2,650 departures per year among women workers” and save $50 million in annual turnover costs.
The new law applies to a birth or placement occurring on or after October 1, 2020. Although it only covers federal employees, Congress hopes that other employers will see the benefits of paid parental leave, such as increased productivity in the workplace, improved health of parents and children, and long term financial stability, and these employers will offer paid parental leave themselves.
In a letter to federal employees, President Trump called the new law the result of his administration overcoming the “partisan gridlock” to deliver Americans paid parental leave. While stating that paid parental leave will change how the U.S. treats working families, President Trump also referenced promises he made during his 2016 campaign for paid family leave. With the 2020 election approaching, President Trump’s approval of paid parental leave may be a preview of what he will campaign on in 2020—his ability and willingness to negotiate with Congress for comprehensive paid leave, and possibly promise that another four years in office will allow him to further negotiate with Congress for paid family and medical leave.
