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Putting The Screws On Workers
The Family and Medical Leave Act (FMLA) --
a
bill authored by Sen. Chris Dodd (D-CT) and signed into law by
President Clinton in 1993 -- grants eligible workers up to 12 weeks of
unpaid
leave per year in case of a serious health condition, or to care
for a new child or sick family member. The law protects an employee's
job during such an absence and provides various benefit and privacy
protections. For nearly fifteen years, the law has made it easier for over 50 million
American workers to provide a better balance between work, health,
and family life. The FMLA currently allows employees up to two days
after the beginning of a shift to notify their employers of their
intention to claim time off. But the Labor Department recently
proposed changes to the law that would add restrictions to the FLMA --
provisions benefiting employers and making it more difficult for
workers to take advantage of the law. Some of the proposed changes
include requiring
workers to notify their bosses in advance when taking non-emergency
leave, allowing employers to require "fitness-for-duty" evaluations for
those who took FMLA time off, requiring employees to obtain medical
certifications of their illnesses every year, and allowing businesses
to
exclude workers who took FMLA time from perfect attendance awards.
EMPLOYEES NEED MORE PROTECTIONS: Even
if the Labor Department's proposals -- which some
businesses regard as welcome
news -- are not adopted, the FMLA needs to expand in order to
cover more American workers and to provide increased benefits. As it
currently stands, the FMLA does
not apply to businesses employing fewer than 50 people,
a provision that allows the exclusion of nearly 40 million America
workers from the
law. Millions more are excluded because of rules not covering part-time
workers and those who have not worked for their present employer for
over one year. Yet "while unpaid leave has helped
millions of families, there is little question that many employees have
been
unable to take time to care for a new child or an ill loved
one because they
cannot afford the lost pay." Indeed, a study
released last year by Harvard University and McGill University
found that the United States lags "far behind virtually all
wealthy countries with regard to family-oriented workplace policies"
such as maternity leave and paid sick days. According to the study, the
United States is one of just five countries out of 173 "that does not
guarantee
some form of paid maternity
leave." Expanding the FMLA is necessary because nearly "half of all full-time private sector
workers (and three
quarters of low-wage workers) in the
U.S. get
no paid sick days." Businesses also suffer in
productivity and other
workers face health risks when sick employees are forced to go to
work. In fact, expanding employee benefits has overwhelming support: "95
percent of the public thinks it is unacceptable
for employers to not provide paid sick leave" while "60 percent
think it is illegal."
CONGRESS RESPONDS:
House, Education, and Labor Committee Chairman George
Miller
(D-CA) has said that the Labor Department proposal
tightening the FMLA "clearly
benefits employers at
the expense of workers." Sen. Edward
Kennedy (D-MA), Chairman of the Senate Committee on Health,
Education, Labor, and Pensions, has also criticized
the proposals, saying they "will make it more difficult for
workers to use this leave when they
need it" and "impose burdensome new paperwork requirements on both
workers and heath providers." Hearings on the Labor Department's
proposals will be held this week in both the House and Senate. The
National Journal notes that, under a new administration, Congress
"could do away" with the Labor Department
rule change proposals in "early
in 2009 under the Congressional Review Act, which allows Congress to
withdraw
regulations within 60 session days after they are published."
CALIFORNIA LEADS THE WAY:
On July 1, 2004, California's Paid Family Leave (PFL)
Law went into effect. The law is a 100 percent employee-funded
provision
that provides workers in that state "with a maximum of six weeks of
partial pay [55% of wages up to a maximum of $882 per week] each year
while taking time
off from work to bond with a newborn baby, newly adopted or foster
child, or to care for a seriously ill parent, child, spouse or
registered domestic partner." While five
other states have proposed similar bills to provide some form of paid
leave, California
is currently the only
state mandating comprehensive paid family leave. Nearly 85% of
California adult residents in every segment of the population support
paid family leave, and one survey of California businesses found that more
workers returned to their jobs where employers offered leave
benefits beyond what is required.
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"Virgin CEO Richard Branson offered Monday to set up an 'environmental war room' to lead the world's efforts to find a fix for global warming," a "tool for the U.N." to push out good ideas and calculate each nation's costs.
GEORGIA:
State Supreme Court rules that school property taxes could not be used
to fund Atlanta's proposed green trail and transit route.
RHODE
ISLAND: State is "engulfed in the most intense battle over illegal
immigration in New England."
ECONOMY: Twenty states
face budget shortfalls of at least $34 billion in 2009.
THINK
PROGRESS: Five more advertisers abandon Michael Savage's
hate-filled radio show.
FAITH
IN PUBLIC LIFE: New poll demonstrates the political diversity of
evangelical voters.
AMERICA
BLOG: New book from an ex-intelligence officer in Iraq describes
how "the problems that led to 9/11 and the WMD debacle" are "becoming
institutionalized."
"Our military commanders reviewed the new Iraqi plan to ensure
that it addressed these mistakes. They report that it does. They also
report that this plan can work."
-- President Bush, 1/10/07, announcing the
Iraq "surge"
VERSUS
"He [Former White House press
secretary Tony Snow] said 80 percent of Bush's
advisers opposed last year's military surge in the nation,
which still faces an uncertain future."
--The Desert Sun, 2/10/08




