This past week marked the 23rd anniversary of the Family and Medical Leave Act of 1993, or FMLA, a law signed under President Bill Clinton requiring all U.S. employers to offer 12 weeks of unpaid leave to full-time workers to care for newborn children or other family members. The law has been heavily criticized by some, particularly in the Republican Party, who believe government should not have control over employers’ policies. Sen. John Boehner called it “another example of yuppie empowerment.”
Though unpaid leave has been a national standard since Clinton signed the FMLA into law, paid leave is far less common. According to the Department of Labor, only 12 percent of private sector workers have access to any paid leave, and it is far less common among low-income workers. This is the case despite substantial evidence affirming the benefits of offering paid leave. According to a 2014 report by the White House Council of Economic Advisers, “many businesses would benefit from offering more workers paid family leave as it improves retention and helps workers be more productive on the job.” Besides the economic benefits, paid leave allows parents to spend more time at home, benefitting their children’s health. Additionally, the same report noted “the U.S. lags all other advanced countries in providing paid family leave.” It further suggested that the resulting decline in women’s participation in the workforce has left the U.S. economy lagging behind that of other developed nations. So while opponents of paid leave might argue it is financially impractical to offer paid leave, it seems to be quite practical everywhere but here.
The issue of paid leave has gained attention recently as successful companies such as Amazon, Netflix and Microsoft have implemented new policies offering paid leave to their employees. Netflix made headlines for offering up to a full year of paid leave for all employees. These companies have been praised in headlines for treating their workers so well, but these policies are not just CEOs deciding to be generous — they are good business. In addition to the benefits cited above, reasonable leave policies like these attract better workers who will stick around longer, an obvious win for any business.
Despite the clear advantages, the fact is the majority of employers in the United States choose not to offer paid leave, which is why it ought to be legally mandated. Of course, many people would disagree with that statement. Presidential candidate Sen. Ted Cruz has said, “I think maternity leave and paternity leave are wonderful things. I support them personally. But I don't think the federal government should be in the business of mandating them.” It is nice to know Sen. Cruz thinks paid leave is so wonderful, but that does nothing to help the 88 percent of private sector workers who cannot take time off to care for their families without forfeiting their salaries. The only Republican nominee who has suggested any government involvement in the issue of paid leave is Sen. Marco Rubio, who proposes a 25 percent tax credit to employers who offer workers a minimum of four weeks paid leave. The issue with Rubio’s plan is that employers are already aware of the substantial benefits of offering paid leave, and still the vast majority refuse. Additionally, Rubio’s suggested policy would likely appeal more to higher-paying, white collar employers, doing little to aid low-income workers who most often lack paid leave. Both former Secretary of State Hillary Clinton and Sen. Bernie Sanders have advocated for federally mandating 12 weeks of paid leave, though only time will tell if such mandates would actually pass through Congress.
While paid leave remains a controversial issue in U.S. politics, we remain the only developed country so severely lacking in it. Paid leave would be better for American mothers, fathers, children and businesses. If businesses will not implement it themselves, the government ought to intervene.
Nora Walls is an Opinion columnist for The Cavalier Daily. She can be reached at n.walls@cavalierdaily.com.
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