FMLA Developments During the COVID-19 pandemic

As the COVID-19 pandemic begins to reach new phases in levels of vaccination and therefore hopefully am moving towards herd immunity, a new movement is surging to ensure paid leave for individuals taking Family Medical Leave.  Whether this renewed push is a result of the pandemic or a reflection of the changing needs of the country, for employees it is a positive development towards ensuring the ability to take leave when necessary without undue financial hardship. Historically, the United States Government has not been supportive of efforts to provide paid family leave, leaving individuals and families to find means of holding their heads above water when an illness strikes or upon welcoming a new child into the family.  As many Americans do not have sufficient savings to support leave in the face of an emergency, the lack of paid family leave can be very detrimental and discourage workers from taking leave even when medically necessary.  The recognition of this gap in our system and the potential readiness to fill in the cracks is perhaps one positive development of the pandemic that exposed the many ways Americans are struggling through a health crisis on a global scale. Some states, including Washington, already offer paid family medical leave for qualifying persons.  Under a new congressional bill proposed by Representative Rosa DeLaura (Democratic, Connecticut) and Senator Kirsten Gillibrand (Democrat, New York), paid leave would be provided at the federal level.  The paid leave would enable individuals up to 12 weeks of paid leave to care for their own health condition or that of a relative.  It would also provide paid leave to care for a new child following birth or adoption.  Employees would be paid through a federal insurance program similar to the program in Washington currently providing paid benefits to individuals on family leave. In addition to providing a paid benefit, the proposed legislation would also expand the class of persons eligible for leave.  Currently, restrictions based on size and geography limit who is eligible for job-protected unpaid leave.  For instance, individuals who work for small businesses, with fifty or fewer employees, are not eligible for job-protected leave.  Under the new act, almost all workers would be covered no matter how large or small their company.  Like many expansions of unemployment benefits following the onset of the pandemic, this proposal would include workers who are employed on a temporary or part-time basis. The proposal is not new as predecessors have attempted, and failed, to ensure paid family leave on a national scale.  Quite possibly, the challenges facing families asked to care for themselves, elder or sick family members, and children unable to attend school have pushed this concern to the forefront.  There is no question this pandemic has had a strong impact on families, persons of color, and individuals outside of the traditional full-time workforce.  This bill, if it passes, will provide a much-needed safety net to people when they most need the foundation to recover from an illness, care for a loved one, or welcome a new family member.