President Joe Biden commemorated the Family and Medical Leave Act’s 30th anniversary on Feb. 2 by encouraging federal agency leaders to expand provisions from the law and asking former President Bill Clinton to speak at the White House.
In 1993, Clinton signed legislation that mandates certain employers to authorize as much as 12 weeks of unpaid leave if employees are ill, have a newborn child in their home, or are caring for a sick family member, without losing their jobs.
It was Clinton’s first act as president. He was inaugurated on Jan. 20 and signed the act on Feb. 5.
Clinton served two terms, and he told the audience in the White House East Room that the FMLA is what people have most often talked to him about since he left office in January 2001.
“After all these years, I still have more people mention the Family Leave Act to me than any other specific thing I did,” Clinton said. “And no one ever talks about what gets all the press coverage—you know, the political process, how long did it take, who got derailed, what went up, what went down.
“They tell you their story,” Clinton added. “That’s when you know, for good or ill, that we have united the country.”
The first time he boarded an airplane after leaving office, Clinton said, “a “really compelling flight attendant with a very intense stare” asked if she could talk to him.
She explained to Clinton that her parents were dying at the same time, and she would not have been able to support them without the FMLA.
“‘There’s no way we could support them with care, except because of the Family and Medical Leave Act. And I just wanted to tell you this,’ she said, ‘I’ve heard all these politicians give speeches about family values,’” Clinton recalled.
Bid to Expand Family Leave
In early 2021, Biden attempted to extensively expand the family leave law to provide workers up to 12 weeks of paid family, parental, and personal illness leave and require that employees receive three days of bereavement leave as part of a $3.5 trillion spending initiative.Under the plan, employees would get up to $4,000 per month with a minimum of two-thirds of their average weekly pay.
The program would cost more than $225 billion over a 10-year period, according to White House estimates.
Biden’s plan has not been passed by the House or the Senate. With Republicans back in control of the House, passing the paid leave program legislation appears unlikely, but Democratic lawmakers like Sen. Kristin Gillibrand of New York are advocating for an update to the law.
They are urging Biden to include a paid leave proposal in his upcoming budget and bring forward proposed bills that would establish a national 12-week paid family leave system and increase access to the FMLA.
“We are going to find what common ground exists in both the House and Senate and see if there’s some measure of paid leave that can be done with the Republican House,” said Gillibrand, who attended Feb. 2’s event.
Almost Half of Workers Not Eligible
The National Partnership for Women and Families reported that around 44 percent of American workers are not eligible for FMLA-supported leave because they are employed by small companies exempt from the law, do not work enough hours, and/or have not worked for their employer long enough.Approximately 15 million employees used FMLA in 2022, according to the organization.
Biden wrapped up Feb. 2’s gathering by announcing that he is asking federal agency leaders to “support access to leave without pay for federal employees” so the workers can bond with new children, take care of their own health, or care for family members in need.
The memo also encouraged agency leaders to allow their staff members leave in the first year of their employment. Currently, federal employees do not qualify for leave until they reach one year on the job.
“You can’t tell a newborn infant or a dying parent that you’ll be there for them next year,” Biden said. “And when serious illness strikes, you can’t reschedule that either.
“So today I signed a memorandum to all federal agencies, urging them to let federal employees take leave during the first year of the job, from the time they get it, if they need it,” Biden explained.
Women ‘Denied’ Basic Support
In December, Biden noted, the Pregnant Workers Fairness Act was passed. The measure takes effect on June 27, 2023.“It filled an important gap in federal protection by requiring employers to make reasonable accommodations for pregnant women and new moms, like letting them have water breaks, bathroom breaks, [and] ‘sit down and work’ breaks,” Biden said.
“Think about it. Too many women have been denied just simple, basic support.
“Plus, this law gives new moms time off to recover after they’ve had a baby. That’s considered a ‘reasonable accommodation.’ I guess so,” Biden added with a grin.
Biden also mentioned that he signed the Pump for Nursing Mothers Act into law. This legislation requires employers to provide reasonable break time for workers to express breast milk and mandates that the employer offers a private place that is not a bathroom to perform that task.
In early January, the Department of Defense released a memo announcing the expansion of the Military Parental Leave Program. Under this initiative, military members will be authorized to take as much as 12 weeks of leave after giving birth, adopting a child, or beginning a long-term foster care situation.
“Folks, this shouldn’t be that complicated. It gets down to a word I guess we Irish overuse. It gets down to basic dignity,” Biden said. “It’s about being a country where women and all people can both work and raise a family.
