Paid-FMLA bill pops up again in Congress
September 8, 2009 by Jim GiulianoPosted in: Employment law, FMLA, In this week's e-newsletter, Latest News & Views
It’s called the “Balancing Act of 2009,” and it has a real chance of passing.
To facilitate passage, a number of proposals were recently consolidated within a single bill that could bring about the most sweeping reforms since the Family and Medical Leave Act became law 16 years ago. On June 25, 2009, Representative Lynn Woolsey (D. CA) introduced “The Balancing Act of 2009,” which incorporates multiple expansion efforts. Taken together, these provisions could have significant implications for employers and employees alike.
Within the bill is a proposal that would essentially convert FMLA to a paid-leave statute, allowing employees to take upwards of 12 weeks of paid leave over a 12-month period for qualifying family, medical or military-exigency reasons. Here’s the way it would work:
- A federal “Family and Medical Leave Insurance Fund” would be established to finance paid-leave distributions.
- Employers and employees would jointly subsidize the trust fund by contributing 0.2% of employee earnings. That comes out to an average of about $100 per employee. The fund would be managed by the U.S. Department of Labor.
- The act would expand FMLA coverage by creating new forms of protected leave for both “parental involvement” and “family wellness.” Parental-involvement leave would allow workers to participate in certain academic and extracurricular activities of their children and grandchildren, while family-wellness leave would enable employees to assist family members in attending medical appointments and to care for elderly relatives.
- The legislation contains additional provisions that would: 1) require covered employers to provide a minimum of seven days of paid sick leave per year; 2) extend protection to victims of domestic violence and sexual assault; and, 3) allow leave to care for a broader category of family members, which would include domestic partners and same-sex spouses.
- While the FMLA currently covers only employers with 50 or more employees, the Balancing Act would expand the coverage to those with 15 or more employees. The bill would also extend eligibility to certain part-time employees who work 1,050 or more hours per year, a substantial reduction from the current minimum threshold of 1,250 hours per year.
Tags: Balancing Act of 2009, congress, FMLA, Lynn Woolsey
September 14th, 2009 at 10:24 am
You have got to be kidding me. The Federal Government cannot manage the funds they currently are in charge of. Are we seriously considering giving them control over more of our money! They have devastated the Social Security funds, with no hope of it ever recovering. Are they trying to drive all American businesses to leave the country? For Sale America. We have got to stand up to the Federal Government and tell them that enough is enough. God help us all.
September 14th, 2009 at 10:29 am
Unpaid FMLA is a good thing because the employee doesn’t abuse it. They have to clearly think about taking off. We don’t ask for proof of why they are taking leave, just that they request it.
Having paid FMLA would open the door to abuse in my opinion.
September 14th, 2009 at 1:25 pm
Ah yes, we love to talk about “family values,” unless of course we actually have to put our money where our mouth is!
September 14th, 2009 at 1:30 pm
No, no, no. This is going to wipe out the work force. People need to work and stay off Government Programs. I work every day and am tired of paying for others!
September 14th, 2009 at 1:45 pm
I agree with the comments above, and then some. Abuse would begin immediately. Business owners would begin to price alternate locations and move where there product would and could be marketed; without the burden of paying employee’s who are not working. The companies who are not able to move, Hospitals, Physician Practices, Grocery Stores, etc., will cost cut in other areas to make up for the individual deficit. Thus, more job cuts, less product purchased, no new larger ticket items, no additional hiring, etc.
We need to stand together on this bill with protest. We voted our representatives into the office for which they are to represent us. They can only do that through communication from us. I urge everyone to call or write their rep in order to halt this nonsense.
September 14th, 2009 at 2:43 pm
To Gary…
Family values consist of much more than “handouts”. When most of us speak of family values, we are referencing the idea that we have raised two generations of people who simply think they are entitled and between the government and the employer all of their needs should be met. This is simply perpetuating more of the same. Family values also consists of SAVING for those “rainy day issues”…WORKING AND SAVING, how’s that for a novel idea.
September 14th, 2009 at 2:52 pm
To CLS . . . Well said.
And I agree that the abuse would be tremendous.
Another government controlled fund? This is insanity. I doubt that writing to our representatives would help, as they are mostly self-serving and untrustworthy.
September 14th, 2009 at 3:41 pm
It would be a human resources and payroll nightmare. We would pay the funds in to the DOL, but how long would it take for an employee to get paid, does the employer have to pay again and wait to get reimbursed. The logistics and extra cost to the employer are just not worth it, plus many would take advantage for a few hours off.
September 15th, 2009 at 9:50 am
I cannot believe this – Funds to the government to administer ? Looks to me like a another way to siphon off funds to pay for political favors. What about the funding issues with Social Security, Medicare, Pesnion Benefits Gaurantees, FDIC, etc. etc. Just the other day I read taxpayers are on the hook for reverse mortagges, because the insurance fund does not have enough money and the government guarantees the mortgage through FHA to the banks that lend. And they want to require employers to give 7 paid sick days a year ?
Who the H_ _ _ is going to pay for all this ???????????????
September 15th, 2009 at 10:27 am
To Gary,
Try paying your bills to support “family values” off of minimum wage, because those will be the only jobs left in this country if this and other entitlement programs continue to make their way through the government. I am firmly convinced that this legislative group is trying to kill manufacturing and cripple our economy for the sake of getting continued votes by providing to the have nots, who probably in the past have gotten what they deserved.
The abuse with 7 paid sick days per year and 12 weeks of paid leave would be significant. I have worked for an employer who had paid leave and it was abused regularly by those who would use all of their eligibile leave, wait until they were eligible for leave again and would go out for the maximum period. I wish government would actually turn their attention to doing things that would help revive the economy vs. continuing to kill it. Everything that keeps getting proposed will only keep wages flat for the working people for a long time to come, as employers will have any extra amount committed to pay for government programs. Benjamin Franklin said it best, “He who sacrificies freedom for security deserves neither”.
September 15th, 2009 at 11:58 am
In this email there is an item about the call from the govt for help in catching COBRA subsidy fraud. Now why didn’t they see that coming? Hmmm, give someone something for nothing and make their ex-employer carry the burden of administration? This is simply another example of anti-employer bias from this administration and Congress. When will Washington learn that the more programs they create, the more waste, fraud and abuse will take place. In their world, an employee should be paid to go to the doctor during business hours to use taxpayer funded health care driving their govt motors car using govt subsidized, ethanol-cut gasoline. All in the name of caring for our fellow man. I don’t like the direction this country is going and venture to guess a few of you here feel the same.
September 21st, 2009 at 11:06 am
Where will it all end? Business is being driven out of the US. I agree, this administration appears to be trying to run business into the ground, or out of the country. All in the pretense of “helping” the “little” people. They have no compassion for the down and out of this country. They just use those lines (lies) because they sound good. I heard the President say over the weekend, he would consider bail out monies for the Newspaper industry. NO NO NO! How long will it be before “talk radio” is shut down? Holler loud and often about that one. If they can manage to shut down Talk Radio, it will not be long before we see legislation to expend the time limits on the office of the President. And from there, Venezuela, we might as well live there. Sorry to get off track, but these things are important, and this blog is comprised of the more intelligent and educated. Your voices need to be heard.
October 8th, 2009 at 1:10 pm
Write to your senators and legislators. Unless we bombard them with emails and letters opposing this legislation, it will get passed. (And wouldn’t you know it comes from California- a state that is 3 cents away from bankruptcy and their representative wants to give away the farm….go figure)
I, too, wonder if the senators or legislators actually read any of the emails they get. But, I take the position, that if I’m going to complain about laws and regulations I should try to complain to the people responsible. I have fired off so many emails in recent months, I am sure I am on everyone’s black list. I’m surprised my internet connection has not been mysteriously and permanently disabled, lol.