Several
Members of Congress have introduced competing bills related to paid leave and
flexible work schedules. The proposals have sparked debate at the federal level
about whether and how to require paid family leave, paid sick time, and
flexible scheduling.
The Economic
Security for New Parents Act
The Economic
Security for New Parents Act would give workers at least two months off at
about two-thirds of their regular salary in order to care for newborn or newly
adopted children. The workers would fund the bill themselves by deferring Social
Security benefits for several months. Sen. Marco Rubio, R-Fla., introduced the
bill earlier this month.
The Workflex
in the 21st Century Act
The Workflex
in the 21st Century Act would allow businesses to bypass certain local employee
benefits laws if they provide flexible work arrangement plans that include a
combination of paid leave and flexible work options. The plan must provide
employees with a minimum amount of paid leave per year of between 12 to 20
days, depending on the size of the employer and the tenure of the employee. It
also must provide at least one of the following flexible work options: a
biweekly work program; a compressed work schedule; a telework program; a job
sharing program; flexible schedule; or predictable scheduling. Rep. Mimi Walters,
R-Calif., introduced the bill last fall.
The FAMILY
Act
The FAMILY
Act would give workers up to 12 weeks of family leave at as much as two-thirds
of their salary to care for their own or their loved ones’ serious health condition
or to care for a newborn or newly adopted child. The plan would be funded by a payroll
tax increase of 2 cents per $10 in wages paid by businesses and workers. Sen.
Kirsten Gillibrand, D-N.Y., and Rep. Rosa DeLauro, D-Conn., introduced related bills
in February 2017.
The Healthy
Families Act
The Healthy
Families Act would give workers up to seven days of paid time off per year to
treat their own illnesses, to care for a sick family member, to take care of
other business—such as attending school meetings related to a child’s health—or
to obtain assistance for themselves or a family member in cases of domestic
violence, sexual assault, or stalking. Sen. Patty Murray, D-Wash., and Rep.
DeLauro introduced identical bills in March 2017.
The
Schedules that Work Act
The
Schedules that Work Act would allow workers to request changes to the terms of
their employment including their schedule, work location, the amount of
notification they receive of work schedule assignments, and the fluctuation of
their hours. Upon a request from a worker, an employer would be required to
engage in a timely, good faith, interactive process with the worker including a
discussion of potential changes that would meet the worker’s needs. The bill
also outlines the process for granting or denying a requested change. If the
request is made due to the employee’s serious health condition, the employee’s
responsibilities as a caregiver, or enrollment in a career-related educational
or training program, or if a part-time employee requests a change for a reason
related to a second job, the employer would be required to grant the request
unless there is a bona fide business reason to deny it. If an employee requests
a change for any other reason, the employer would be allowed to deny it for any
reason that is not unlawful, but would be required to give the employee the
reason for the denial and identify whether it was a bona fide business reason. Sen.
Elizabeth Warren, D-Mass., and Rep. DeLauro introduced related bills last
summer.
It is
unclear whether any of these measures will be considered or even become law,
but the number of federal bills and their bipartisan origin indicates that there
is a chance of changes in these areas. We will monitor their progress and keep
you informed if any of these or similar bills proceed.
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