Where Families Matter: State Progress Toward Valuing America s Families

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1 Where Families Matter: State Progress Toward Valuing America s Families February Connecticut Avenue, NW / Suite 650 / Washington, DC /

2 About the National Partnership for Women & Families For more than 35 years, the National Partnership for Women & Families has been changing the world in ways that make life better for women and their families. From outlawing sexual harassment to prohibiting pregnancy discrimination to giving 50 million Americans family and medical leave, the National Partnership has fought for every major policy advance for women and families in the last three decades. Today, the National Partnership is leading efforts to improve health care quality and ensure coverage for all Americans. The values that underlie the National Partnership's work are fairness, equality, opportunity, and justice. Those values shape our agenda and drive our success. We are amplifying women's voices, and working to create a nation where pay is fair, workplaces flexible, health care is safe and affordable, opportunity equal and discrimination is a thing of the past. National Partnership for Women & Families 1875 Connecticut Ave NW, Suite 650 Washington, DC Phone: Fax: Website: info@nationalpartnership.org Acknowledgments The National Partnership for Women & Families is grateful for state profile information provided by various state partners. Our state partners are critical to the success of this report. We are also indebted to the National Partnership staff members who contributed to or wrote sections of this report. Valerie Young and Taylor Hatcher took primary responsibility for producing this report. Larissa Chernock contributed to legislative research for several states. Deven McGraw, Kate Kahan, Debbie Wilkes, Debbie Cuevas Hill provided invaluable input on content and Myra Clark Siegal and Kamilah Woods designed the presentation of this report. The data used in this report was gathered by searching all state legislature websites, working with advocates, and contacting state legislators and appropriate professional staff. The information provided in this report is to the best of our knowledge. In the case that there are errors in the report, please do not hesitate to contact the National Partnership with questions or comments. 2

3 Table of Contents State Legislatures Working to Meet the Needs of America s Working Families... 4 State-By-State Profiles of Legislative Activity Arizona California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Minnesota Mississippi Missouri Montana Nebraska New Hampshire New Jersey New Mexico New York North Dakota Oklahoma Oregon Pennsylvania Rhode Island South Carolina Tennessee Texas Vermont Virginia Washington West Virginia Wisconsin

4 Where Families Matter: State Progress toward Valuing America s Families State Legislatures Working to Meet the Needs of America s Working Families In a nation where lawmakers and business leaders talk frequently about valuing children and families, today s worker s have few realistic choices to support their families in time of need. Because most working Americans have minimal or no access to paid family or medical leave, our working families are often forced to cobble together solutions, often with dire consequences. Our state and federal policies have failed to keep up with a workforce that has changed dramatically in the last few decades. However, state legislators, advocates, policymakers, and researchers are increasingly responding to the need for paid leave policies. The need for paid leave policies is clear, touches nearly every worker and their family, and will only continue to grow as more and more families are struggling to make ends meet. To meet the needs of today s working families, initiatives to pass paid leave laws are underway in several states. These bills generally provide real choices to working families facing a serious illness, the arrival of a new baby, or the need to seek preventive health care, or who simply want the opportunity to attend a child s school conference. This report provides a comprehensive overview of the paid family and medical leave initiatives that have been introduced, including the scope and status of the initiative, in state legislatures in Only those states legislatures that have recently had paid leave initiatives before them are included. Two Federal Laws Protect Working Families Working Americans are protected by two federal laws that provide some protections to new parents and workers who are faced with a serious health condition or must care for a family member who is seriously ill. The Pregnancy Discrimination Act of 1978 (PDA) and the Family and Medical Leave Act of 1993 (FMLA) have helped millions of workers hold on to their jobs, but neither provides paid leave benefits. Before the passage of the Pregnancy Discrimination Act, women were routinely fired when a pregnancy became apparent. The PDA makes it illegal for employers to fire, refuse to hire, or deny a woman a promotion because she is pregnant. The law provides that an employer must treat a pregnant woman the same way it would treat any other employee who becomes sick or temporarily disabled. If the employer provides benefits such as paid sick days or disability, it must cover pregnancy related disability and recovery from childbirth. The PDA does not guarantee job protection or needed time off for a pregnancy disability or to care for a new baby, but it has helped combat discrimination against millions of pregnant women. 4

5 The Family and Medical Leave Act (FMLA) of 1993 is a federal law that helps working people fulfill both their work and family responsibilities. It guarantees covered employees 12 weeks of unpaid leave each year to care for a newborn or newly adopted child or a seriously ill family member, or to recover from their own serious health conditions, while ensuring they can return to an equivalent job. The FMLA has been a great success, allowing an estimated 4 million working families per year to care for their loved ones without risking or potentially losing their jobs or health insurance. To be covered by the FMLA, working men and women must have been with the same employer for at least one year and have worked for at least 1250 hours over the course of that previous year. The FMLA only covers employees at companies with 50 or more workers; however, 11 states and the District of Columbia have state FMLA laws, with some covering more workers or providing longer lengths of leave. As a result of these restrictions, nearly 40 percent of the workforce is not eligible for the job-protected leave the FMLA provides. Working Families & Our Economy Need Paid Leave Because the FMLA guarantees only unpaid leave, many workers who are protected by the law are unable to take essential time off when a new baby arrives or a medical crisis strikes. More than three in four employees (78%) who have needed but have not taken family or medical leave say they could not afford to take the leave. 1 And nearly one in ten workers who do take the unpaid leave the FMLA provides is forced to take public assistance to make ends meet. Our national and state economies also benefit from paid leave programs because these supports are directly tied to employee retention and employee productivity. Employee turnover results in higher costs, and employers and our economy have much to gain when employees can attend to health and family care needs and return ready to work. Studies show that employer morale and company loyalty increase when workers have access to paid leave. Solutions Exist: Paid Leave Laws in the States Existing paid leave laws, although not currently available to enough working men and women, show that solutions are possible. These programs allow some employees, depending on the state, to take certain types of leave while receiving some pay. California has the country s most comprehensive paid family and medical leave insurance program. Over 13 million workers can receive partial wages (55-60% of wages) while taking up to 6 weeks of leave a year to care for a new child or for a seriously ill family member. California employees can receive up to 50 weeks of leave a year to recover from their own serious illness, including pregnancy- or birth-related disability. Five states (California, Hawaii, New Jersey, New York, and Rhode Island) and Puerto Rico have state-administered Temporary Disability Insurance (TDI) systems or require employers to offer TDI. TDI provides partial wage replacement to employees who are temporarily disabled for medical reasons, including pregnancy- or birth-related medical reasons. State- 5

6 administered TDI benefits are generally funded through some combination of an employee/employer shared payroll tax. Minnesota, Montana, and New Mexico have laws or pilot initiatives establishing At-Home Infant Care (AHIC) programs. AHIC-style programs provide eligible, lower income working parents with some wage replacement to provide care for their newborns or newly adopted children. Wisconsin employees covered by and eligible for the state s family and medical leave law may elect to substitute any type of accrued paid leave for the job-protected leave specified under the law. State employees in every state except for Louisiana and Virginia may use some accrued sick leave to care for certain sick family members. At least seven states have laws requiring private-sector employers to allow employees to use their paid sick days to care for certain sick family members (California, Connecticut, Hawaii, Maine, Minnesota, Washington, and Wisconsin). Americans Support Paid Leave Laws Surveys consistently find that most Americans support paid leave programs. Eighty-nine percent of parents of young children and 84 percent of all adults support expanding disability or unemployment insurance as a vehicle for paid family leave. 2 Eighty-two percent of all employees between the ages of 18 and 34 support expanding the FMLA to provide paid leave. 3 Seventy-four percent of Washington state voters support establishing family leave insurance for Washington workers and support a new 2-cent-per-hour payroll tax shared by workers and employers to fully fund it. 4 Four out of five Americans believe employers must provide paid sick leave. 5 Nearly all working women (93%) report that paid sick leave is an important benefit, ranking only behind health insurance when given a list of 10 employment benefits. 6 Policy Innovation and Action in the States State policy makers, researchers, and advocates for women, children, seniors, and working families are mobilizing behind a range of innovative proposals to make family and medical leave more affordable. The bills before state lawmakers in 2005 vary in the types of leave they cover and the funding they use. They include proposals to: 6

7 Extend temporary disability insurance systems, where they exist, to cover some or all types of family and medical leave (New Jersey, New York). Establish a new temporary disability and/or family leave insurance fund to finance family leave benefits (Illinois, Pennsylvania, Massachusetts, Washington). Allow employees to use some paid sick days or other paid leave to care for family members and/or a new child (Connecticut, Hawaii, Kentucky, New Jersey, New Mexico, New York, Oklahoma, Maine, Minnesota, Montana, Virginia, Washington). Allow paid leave to be used for parents to attend their children's educational activities (New Jersey, New York, Pennsylvania, Wisconsin, West Virginia). Establish tax credits for employers who allow additional paid leave per year for school conferences (South Carolina). Extend a pilot program to guarantee wage replacement to parents who provide at-home infant care (New Mexico). Allow employees to deposit money into an account to provide wages during an otherwise unpaid family or medical leave; such funds are exempt from state income tax (Nebraska, New York). Establish tax credits for employers who provide paid family and/or medical leave (New Mexico, Oklahoma, Pennsylvania). Guarantee a certain number of paid sick days to employees per year (Connecticut, Massachusetts). Authorize state agencies to create sick leave pools (Washington). Allow employees to transfer accrued paid sick days, annual leave, or personal days to any state employee in need of paid leave for an illness (Connecticut), allow transfers between family members who are state employees in different agencies (Mississippi) or state employees in the same school districts (Georgia), make the contribution process more equitable to all state employees (Delaware, California), and establish or extend this policy to school board employees (New Jersey, Kentucky). Allow employees to extend the FMLA and use paid leave under the law to participate in advocacy for family purposes or to respond to a medical emergency of a family member (Nebraska). Guarantee partners in civil unions access to paid sick days to care for a partner as they are given to married spouses (New York, Washington). Establish that the commissioner of health prepare a study on the use of public and private sick leave policies to care for an employee s parent (Minnesota). 7

8 Allow employees to use paid sick leave to travel outside the U.S. to adopt a child (Delaware). Noteworthy Developments and Victories in 2005 State Legislative Sessions The Paid Leave Campaign has made significant strides in the state legislatures around the country in 2005: In 2005, paid leave bills were introduced in at least 26 states. At least 10 states in 2005 held hearings on paid leave bills: California, Connecticut, Delaware, Georgia, Hawaii, Maine, Mississippi, Montana, Nebraska, and Washington. In New Mexico, an At-Home Infant Care (AHIC) pilot program was appropriated $90,000 to continue the pilot program that was established in In Maine, public and private employers with 25 or more employees must allow an employee to use their paid leave to care for a sick family member. In Hawaii, private sector employees can use Temporary Disability Insurance sick leave benefits beyond the minimum statutory TDI requirements for family leave purposes. In Mississippi, legislation continued a leave donation policy for state employees. In Virginia, state personnel can now substitute 33 percent of accrued paid sick leave or 100 percent of any other paid leave to leave taken under FMLA. In Washington, legislation clarified the definition of parent to include adoptive parents and clarified the definition of sick leave to also include time allowed to an employee under a disability policy. In California, both excluded and rank and file state employees can now transfer annual, vacation, and holiday (but not sick) leave to each other, making the leave donation more equitable to state employees. In Delaware, state employees can use accumulated paid sick leave for travel abroad to adopt a child. In Montana, state employees can now use their sick leave for FMLA purposes, including the ability to care for an employee s child, relative, or household member. The following page provides a glossary of frequently used terms that refer to the legislative process and paid leave legislation that is included in this report. Following the glossary is a state-by-state description of efforts to date compiled by the National Partnership for Women & Families Campaign for Paid Leave Benefits. 7 8

9 Glossary of Terms This report reviews different types of paid leave bills that provide employees with some pay while taking leave from work for family or medical reasons. Specifically, this report tracks bills that include provisions for one or more of the following: at-home infant care, family leave for school activities, paid leave studies, paid sick days, paid leave donation banks, family leave insurance, temporary disability insurance and unemployment insurance. Bills that would provide unpaid family and/or medical leave are not included unless the bills include a provision relating to the usage of paid leave. At-Home Infant Care (AHIC) At-Home Infant Care is a general term used to describe a program that exists in some states that allows low income-eligible parents to receive subsidies in lieu of a child care voucher or subsidy to care for their infant at home. Baby UI / Unemployment Insurance (UI) A number of states have pursued proposals to amend state Unemployment Insurance (UI) laws to allow qualified employees to collect unemployment compensation while they are caring for a newborn or newly adopted child. The concept had the benefit of using UI to help workers quickly return to the workforce and ideally the same job after taking parental leave. This approach received a lot of attention after the Clinton Administration created a regulation allowing, and therefore encouraging states to use UI funds to create parental leave programs. Unfortunately in 2003, the Department of Labor under the Bush Administration rescinded the Baby UI regulation. While UI experts hold that a DOL regulation explicitly permitting states to use UI funds is not legally necessary to use UI to provide new parents with paid parental leave, the repeal of the regulation and current rates of high unemployment have, for the moment, chilled this approach. Family Leave for School Activities This type of bill addresses the needs of working families to take short-term leave for school activities, such as a parent/teacher conference. Proposals include leave allotments of between 4 and 40 hours annually. Under these bills, employers are generally required to pay employees or allow an employee to use some paid time off when they take time off for these purposes. Family Leave Insurance / Paid Family Leave Family leave insurance programs are very similar to state disability insurance programs, but provide employees who need to take time off work to care for a new child or an ill family member with partial or complete income replacement while on leave. One state, California, has a family leave insurance program. Leave Donation Banks / Leave Transfer Programs Leave donation programs allow employees to contribute accrued paid leave days most often, sick and annual leave to co-workers who have exhausted their own leave. The donated leave can sometimes be used for paid family and medical leave. In transfer programs, employees with accrued paid leave donate leave days to a particular co-worker in need. In leave bank programs, employees donate paid leave days to a general pool out of which co-workers in need can draw. 9

10 Paid Leave Studies / Legislative Commissions This type of bill establishes legislative commissions to produce studies or assign study projects to government agencies to research a particular paid leave policy model. Paid Sick Days / Sick Leave Paid sick day bills address the need for some paid time off for short-term illnesses, routine medical appointments, and to care for sick family members. There are two paid sick day models: a minimum standard that ensures employees are guaranteed a certain number of paid sick days and a flexibility standard that allows employees to use accrued sick days to care for sick family members. States have successfully enacted legislation that guarantees employees the right to use their accrued paid sick leave or other paid leave to care for sick family members. Bills that aim to establish both flexibility and minimum standards are gaining traction. State Disability Insurance / Temporary Disability Insurance / Paid Medical Leave This type of insurance program provides employees who must take leave from work because they are temporarily disabled for non-work-related reasons, including pregnancy and childbirth, with partial or complete income replacement while on leave. Five states (NY, NJ, RI, CA, and HI) and Puerto Rico have such programs. Some states that provide this type of disability insurance are considering expanding this program to cover employees who need to take family leave. For example, California has expanded its state disability insurance program to include family leave. 10

11 The Legislative Process in the States Every state legislature is slightly different. Some meet every year, while others meet every other year. Like Congress, most states have two houses that debate and vote on legislation. In most state legislatures, a legislator alternately called a Representative, Assembly Member, Delegate, or Senator introduces some form of legislation. In this case, the legislator is generally referred to as the author or sponsor of the bill. You can generally tell if the representative who introduced the measure is in the Senate or the House by a bill s identification number. For example, SB 100 was introduced by a state senator, whereas HB 100 was introduced by a house member. These are abbreviations for Senate Bill and House Bill. Alternately, bills are sometimes labeled HF and SF, for House File or Senate File. Legislatures can also pass Resolutions. In many cases, the idea for a particular bill has been brought to a legislator by an organization or concerned citizen. In many cases the legislator works closely with organizations that are concerned about the issue. In this document, these organizations are listed in the right hand column under Contacts for the various states. Once a measure is introduced, the legislature generally holds a hearing about the bill in a policy committee. Policy committees are comprised of a group of legislators, known as committee members, who collectively review and debate bills related to specific policy areas. For example, most legislatures have an insurance committee that reviews all bills related to insurance. A committee may decide not to review a bill assigned to it. If it does, however, decide to consider the bill, then it holds a hearing on the bill. After a committee holds a hearing on a measure, in general, it then votes on it. Committee members must vote on whether or not to pass a bill out of the committee and on to the full body of a house for consideration. If a measure is passed out of committee, it generally then goes to the full body of the house for consideration and a vote (often referred to as the floor vote ). Generally, if the bill calls for action that costs money, it is referred to a finance committee of some kind as well before it is voted on by the full body. This finance committee may or may not hold a hearing on the bill and/or a vote on the bill. If they do, and if they pass the bill out of committee, then in general the full body of the house hears the bill and votes on it. If a vote is taken and the vote is favorable, the bill then is passed over to the second house for consideration. Generally, in the second house, a policy committee also holds a hearing on the bill, and then votes on it. Occasionally, bills can have hearings in more than one policy committee if they relate to multiple subjects. If a bill passes through the appropriate committee hearings of both houses, and is approved on the floor by the majority of members from both houses, the Governor has the option of signing the measure. If she or he signs it, it then becomes state law, and is then applicable to all individuals living in that state. 11

12 State-By-State Profiles of Legislative Activity Arizona CURRENT LAW State employees may use some accrued sick leave to care for certain sick family members. State employees may use a direct donation program and are provided temporary disability insurance through a contribution plan No action was taken this session. PRIOR SESSIONS 2004 No action was taken this session SB 1334 was introduced to provide paid family and medical leave. The bill was referred to the Senate Committees on Appropriations, Commerce and Rules. The bill did not receive a hearing SB 1090 was introduced to allow employees to use sick leave to attend to the illness of a child, parent, or spouse of the employee. This bill was referred to the Commerce Committee. It did not receive a hearing Companion bills HB 2458 and SB 1059 were introduced to provide up to 12 weeks of unemployment insurance (UI) benefits to working parents who take leave to care for a newborn or newly adopted child. HB 2458 was assigned to the House Commerce and Economic Development Committee, while SB 1059 was assigned to the Senate Banking and Insurance Committee. No further action was taken on these bills this session. 12

13 California CURRENT LAW Employees who are temporarily disabled for medical reasons (including pregnancy and childbirth) can receive partial wage replacement through a temporary disability insurance program, known in California as State Disability Insurance. California workers can receive income replacement to care for a new child or seriously ill family member for up to six weeks per year through an expansion of the State Disability Insurance program. Employees who work for an employer with more than 24 employees can take up to 40 hours per year, no more than 8 hours a month, to participate in a child s school activities Eligible employees are required to use existing vacation, personal leave, or compensatory time for such leave. State employees who contribute to the State Disability Insurance Program are eligible for the same family and medical leave benefits as workers in the private sector. State employees may use a direct leave donation program. In California law, domestic partners have the same rights and responsibilities as spouses Assembly Member Blakeslee introduced AB 747 on February 17, 2005, which removes the distinction between certain state employees who are excluded from receiving leave donation from other state employees. Under the bill, both excluded and rank and file employees can transfer annual, vacation, and holiday leave, (but not sick leave) to each other in the event an employee has exhausted all leave due to a catastrophic illness. The bill was introduced on February 17, 2005 and referred to the Public Employees, Retirement and Social Security Committee. It received a unanimous favorable recommendation on April 20, 2005 and was referred to the Appropriations Committee, where it also received a unanimous favorable recommendation. It unanimously passed a floor vote in the General Assembly on May 5, The bill moved to the Senate and was referred to the Public Employment and Retirement Committee, where it was amended and received a unanimous recommendation in favor of passage on June 21, It passed the Senate on a Third Reading with a vote of The Assembly concurred with the Senate amendments with a vote of 77-0 and the Governor approved the bill on October 5, PRIOR SESSIONS 2004 On February 10, 2004, AB 1918 was introduced to provide school district employees with up to six weeks of differential pay leave to care for a seriously ill family member or to bond with a new child. Differential pay provides workers with their salary less the cost of a substitute employee to replace them. This bill was referred to the Assembly Committee on Public Employees, Retirement, and Social Security was it was heard and passed by a vote of 6-2 on May 5, On May 20, 2004, it was sent to the Assembly floor and passed The bill was then sent to the Senate Committee on Labor and Industrial Relations, where it was amended and passed by a vote of 5-2 on June 23, SB 1342 was introduced on February 18, 2004, to establish a task force to develop an Infant and Toddler Care Master Plan. This plan would include approaches to expanding paid family leave. The bill was first referred to the Senate Committee on Education, where it was passed 8-0 on 13

14 April 21, 2004, and sent to the Senate Committee on Health and Human Services. On May 20, 2004, it was passed 9-3 and referred to the Senate Committee on Appropriations, which amended and passed the bill, 7-3. The full Senate voted on the bill on May 25, 2004, and passed the measure It was then sent to the Assembly Committee on Human Services, which voted 4-1, on June 8, 2004, to pass the bill and refer it to the Assembly Committee on Education. On June 23, 2004, this Committee passed the bill and referred it to the Assembly Committee on Appropriations by a vote of SB 727 was introduced to make technical corrections to the paid family leave law passed in SB 727 was passed by both houses and signed into law by the Governor in October, AB 205, the California Domestic Partner Rights and Responsibilities Act, was introduced on January 29, The bill guarantees domestic partners the same rights and responsibilities as spouses, including the rights and responsibilities associated with the state s paid, job-protected family and medical leave and sick leave laws. The bill was referred to the Assembly s Committee on Judiciary and was passed by a vote of 9-4 on April 1, It was then sent to the Assembly s Committee on Appropriations where it was amended and was passed On June 4, 2004, the bill passed the Assembly floor, The Senate received the bill on June 19, 2003, and referred it to the Senate Committees on Judiciary and Revenue and Taxation. On July 9, 2003, the Senate s Committee on Revenue and Taxation passed the bill by a vote of 4-3. Following this, the Senate s Committee on Appropriations passed the bill, 7-4, on August 25, The bill was then sent to the Senate floor where it passed, On September 19, 2003, the Governor signed the bill into law Under California law, through the state s existing Temporary Disability Insurance (TDI) system -- (known in California as State Disability Insurance (SDI)) -- employees can take partially paid medical leave for a serious illness including pregnancy related disability and recovery from childbirth. SB 1661 was introduced to expand the existing TDI system to provide paid leave to workers who take time off to care for certain seriously ill family members. The bill passed in both the Assembly and Senate and was signed into law by Governor Gray Davis on September 23, The law provides up to 6 weeks of partially paid family leave (55% of wages) funded by employee contributions (averaging $27 per worker per year) No action was taken this session. 14

15 Colorado CURRENT LAW State employees may use some accrued sick leave to care for certain sick family members. State employees may use a direct donation program and are provided temporary disability insurance No action was taken this session. PRIOR SESSIONS 2004 On January 7, 2004, HB was introduced to allow partners in civil unions to receive the same benefits as are guaranteed to spouses, including those guaranteed under the state s paid sick leave law. The bill, also known as the Colorado Civil Unions Act, was referred to the House Committee on Information and Technology where it received a hearing on February 2, Testifying in support of the bill were Representative Tom Plant, the bill s sponsor, Julie Tolleson of Equal Rights Colorado, Abby Coven of Civil Rights Now, Teva Sienicki of Colorado Alliance for Family Equality, Mike Brewer of GLBT Community Center of Colorado, Kim Willoughby, Denver family law practitioner, Jeanine Pow on behalf of her family law clients, Mari Newman of ACLU Colorado, and John Crisci, Amy McGinness Spears, Karen Boelt, Nita Mosby Henry, Carla Harvard, Dr. Mary Fairbanks, Tim MacDonald, Rev. Gilbert Caldwell, Rabbi Stephen Booth-Nadav, and Rev. Carrie MaKenna all representing themselves. Those opposed were David Meek and David Cook. The committee voted to postpone the bill indefinitely by a 7-3 vote No action was taken during these sessions Then-Representative (now Senator) Peter Groff introduced HB 1291, the Colorado Parental Leave for Educational Activities Act. It specified that employees may take up to 40 hours of unpaid leave per year for their children s school activities and may substitute their paid sick, annual or other paid leave for this purpose. It provided tax credits to employers whose employees take such leave. The Committee on Business Affairs and Labor held a hearing on the bill on February 20, 2001, and voted 6 to 2 to report it out of committee. On February 22, 2001, the Committee on Finance heard testimony on the bill with advocates for women, children, and education speaking in support of the legislation. After several amendments, the committee vote on the bill was a 5-to-5 tie, with members voting along party lines. Under the rules of this Colorado legislature, bills receiving tie votes are not reported out of committee. 15

16 Connecticut CURRENT LAW Employees who work for employers with more than 75 employees can use up to two weeks of accrued paid sick days to care for a child, spouse, or parent suffering from a serious health condition, or to care for a new baby. State employees may use some accrued sick leave to care for certain sick family members. State employees can access a paid sick day pool if all paid leave is exhausted Senator Prague and Representative Ryan introduced HB 6798, permitting state employees to donate sick or vacation leave, or personal days, to any other state employee, not just those in the same agency or bargaining unit. The Joint Committee on Labor and Public Employees held a hearing on March 1, 2005, and only favorable testimony was offered. The bill received a favorable report and a unanimous vote in favor from the committee on March 22. It was then sent to the Appropriations Committee, where no further action was taken. It may be reintroduced, however, in the next session. Senator Prague and Representative Ryan also introduced SB 1018, an Act Concerning Medical Leave, similar to last year s SB 336, which authorizes employees of towns, boards of education, and private and parochial schools to use up to 2 weeks of accumulated paid sick leave for FMLA purposes. It again passed the Joint Committee on Labor and Public Employees with a vote of 10-1 on February 22, 2005, and passed the Education Committee with a vote of 20-4 in favor (5 absent) on April 8, The bill was then referred to Appropriations, where no further action was taken before the session ended. HR 28 and SR 22 are identical bills which approve an agreement between the State of Connecticut and two state employee unions allowing the donation of vacation and personal leave by state employees working for the Department of Mental Retardation. It was referred to the Joint Committee on Appropriations, had a hearing on April 20, 2005, and issued a favorable report. It was then filed with the Legislative Commissioner s Office, referred to the Office of Legislative Research and Fiscal Analysis for a Fiscal Report, then tabled for the calendar until it became law. Representative Hamm introduced SB 5398 guaranteeing full-time, private sector employees seven paid sick days a year. The Joint Committee on Labor and Public Employees held a hearing on March 10, 2005, but no vote was taken and the committee failed to act further. PRIOR SESSIONS 2004 HB 5368 was introduced on February 19, 2004, to provide paid family leave to private employees and a tax credit to those employers offering it. The bill provided four weeks of paid family leave per year that could be used to care for a new child through birth or adoption, a seriously ill relative, or for the employee s own serious illness. The tax credit was equal to 100% of the cost to employers of granting paid family leave. On February 26, 2004, the bill received a hearing in the Joint Committee on Commerce during which Leslie Brett of the Connecticut 16

17 Permanent Committee on the Status of Women testified in support of the bill. In opposition were Secretary Marc Ryan of the Connecticut Office of Policy and Management and Bill Falsey of Advocates for Connecticut s Children and Youth. The committee voted on March 9, 2004, by 6-19, not to pass the bill. On February 19, 2004, SB 336 was introduced to expand the use of sick leave benefits for employees of towns, boards of education, and private and parochial schools. The bill allowed these employees to use up to two weeks of accumulated sick leave while on family and medical leave due to the birth or adoption of a child or to care for a seriously ill relative. The bill was sent to the Joint Committee on Labor and Public Employees where it received a hearing on February 24, Testifying in support of the bill were Natasha M. Pierre of the Connecticut Permanent Commission on the Status of Women, Lori Pelletier of the Connecticut AFL-CIO, and Scott Baker, who represented himself. No one testified in opposition. The bill passed out of committee by a vote of 12-2 and was referred to the Joint Education Committee. This committee gave the bill a favorable report by a vote of 16-3 and referred it to the Appropriations Committee, where it also received a favorable report, It was then sent to the Senate floor, where it passed 35-0 with an amendment that removed the provision for parochial and private school employees. On May 5, 2004, the House passed the bill with 13 abstentions, but rejected the Senate s amendment. After these disagreeing actions, the Senate voted to table the bill Several paid leave bills were introduced in Connecticut in Of these, one bill, HB 6151, was passed into law. The law requires employers to authorize the use of up to two weeks of sick leave to care for a sick family member or for the birth or adoption of a child. HB 6151 received a public hearing before the Joint Labor and Public Employees Committee. Testifying in favor of the bill were representatives of the Permanent Commission on the Status of Women, AFSCME Local 1565, the Connecticut AFL-CIO, the California Labor Federation, Advocates for Connecticut s Children and Youth, and the Connecticut National Organization for Women. Testifying in opposition to the bill were representatives from the Connecticut Business and Industry Association (BIA) and the Greater New Haven Chamber of Commerce. The bill passed out of the Joint Labor and Public Employees Committee by a vote of 10/3 and was referred to the Joint Committee on Judiciary, where it passed 21/15, with 7 absent. On May 30, 2003, the House passed the bill as amended and forwarded it to the Senate. On June 6, 2003, the Senate passed the bill. The bill was then sent to the Governor and became law without signature. Among the other paid leave bills introduced this session was SB 26 to create temporary disability insurance for workers on family leave. The bill received a public hearing at which only favorable testimony was given. It passed out of the Joint Labor and Public Employees Committee by a vote of 11/1 with 2 absent and was referred to the Senate Judiciary Committee. This committee took no action on the bill. SB 933 was introduced to expand sick leave to state employees on family medical leave and to allow state employees to take family leave upon the serious illness of a grandparent. The Committee held a hearing. Testimony in favor of the bill was given by representatives of the National Partnership for Women Y Families, the Permanent Commission on the Status of Women, AFSCME Local 1565, the Connecticut AFL-CIO, the California Labor Federation, Advocates for Connecticut s Children and Youth, and Connecticut National Organization for 17

18 Women. Testifying in opposition were representatives from the Office of Policy and Management and the Connecticut Business and Industry Association. The bill was referred to the Labor and Public Employees Committee, where it passed 10/0 with 4 absent. It was then referred to the Joint Committee on Appropriations which took no further action on the bill The Joint Committee on Labor and Public Employees introduced HB 5058, a bill that would allow public employees to use sick leave to care for a newborn, adopted child, or sick family member. The measure was passed by the Joint Committee on Labor and Public Employees, and was sent to the Senate Committee on Appropriations where it did not receive a hearing this year HB 5860 was introduced to permit public employees with sick leave to use this leave to care for a newborn or newly adopted child, or an ill family member. The Joint Committee on Labor and Public Employees held a hearing on the bill on March 15, On March 29, 2001, the Committee voted 8 to 4 to send the bill to the floor. No subsequent action was taken on the legislation Connecticut enacted a budget bill that required the Governor s Office of Policy and Management, in consultation with the co-chairs of the General Assembly s Labor and Public Employees Committee, Senator Edith Prague and Representative Christopher Donovan, to conduct a study of the costs and benefits of providing wage replacement to workers on family and medical leave. 18

19 Delaware CURRENT LAW State employees may use some of their accrued sick leave for the birth or adoption of a child or to care for certain sick family members. State employees may use a direct donation program and a sick leave pool under certain circumstances HB 30 was introduced by Representative Williams on January 26, 2005 and was referred to the House Administration Committee. The provisions of the bill seek to effect the same change as those contained in HB335 in 2004, easing the restrictions on the donation and use of sick leave banks. The bill was immediately re-assigned to the House Education Committee. It was reported out of committee on March 23, 2005, but no further action was taken. Representative Spence and Senator McBride introduced HB 198, which allows state employees employed for at least one year to use accumulated paid sick leave for travel abroad to adopt a child. It was introduced and assigned to the Labor Committee on June 1, That committee reported it out favorably on June 15, and it passed a floor vote in the House the next day by a vote of 38-0 (3 absent). The bill then was referred to the Senate s Labor & Industrial Relations Committee, and was again reported out favorably on June 28, It passed a floor vote in the Senate 21-0 and was signed into law on July 7, PRIOR SESSIONS 2004 HB 335 was introduced on February 13, 2004, to ease the restrictions on the donation and use of sick leave bank days. The bill removed a provision stating that a state employee who donates one day of sick leave to a bank is also required to lose one day of annual leave. The bill also removed a provision stating that employees of a school district who donate one day to a sick leave bank are required to lose two of their own sick days. The bill was sent to the House Labor Committee, where it was amended and then reported to the House Appropriations Committee. That Committee took no further action on it No action was taken during these sessions HB 36 and HB 131 were introduced. They allowed state employees, including teachers, to use their sick leave after the birth, or adoption of a child. Both measures were withdrawn during the session at the author s request. 19

20 District of Columbia CURRENT LAW District of Columbia employees may take a total of 24 hours of unpaid leave and may elect to use available paid leave during any 12-motnh period to participate in a child s school-related events. District of Columbia government employees may use some accrued sick leave to care for certain family members. State employees can access a paid sick day pool if all paid leave is exhausted and are provided temporary disability insurance as an optional benefit No action was taken this session. PRIOR SESSIONS 2004 The United States Congress took no action on Act (see 2003, above). Therefore, the Act became law on February 6, It is now referred to as L Bill 15-46, the "Voluntary Transfer of Leave Amendment Act of 2003, was introduced on January 7, 2003, to establish a voluntary transfer leave bank program for DC government employees. The leave transfer program allows employees to receive donated annual leave for parental leave, for their own serious illness and for leave to provide personal care to an ill family member. A public hearing was held on the bill on June 13, The bill was passed by a voice vote of the Committee of the Whole, and then transferred to the Mayor on October 10, On October 24, 2003, the Major signed the bill, at which point it became Act The Act was then transferred to Joint Committee on Government Operations of the U.S. Congress. There, like all DC-related legislation, it entered a period of review designed in theory to last 30 congressional days. In this time, the Committee may take action, favorable or unfavorable, on the Act. If it does not action, the Act automatically becomes law. As of December 31, 2003, the Committee had taken no action on the bill. The bill had not yet become law, however No action was taken during these sessions. 20

21 Florida CURRENT LAW State employees may use some accrued sick leave to care for certain sick family members. Certain state employees may use temporary disability insurance No action was taken this session. PRIOR SESSIONS 2004 No action was taken this session Senator Debbie Wasserman-Schultz introduced SB 302 to allow employees to collect unemployment insurance in order to care for a newborn or newly adopted baby. The bill was referred to the Senate Committees on Commerce, Economic Opportunities and Consumer Services; Banking and Insurance; Appropriation Subcommittee on Transportation and Economic Development and Appropriations. No further action was taken on the bill Companion bills HB 1245 and SB 500 were introduced; they provided up to 12 weeks of unemployment insurance (UI) benefits to working parents who take leave to care for a newborn or newly adopted child. The House bill was referred to the State Administration Committee where it did not receive a hearing. The Commerce and Economic Opportunities Committee held a hearing on the Senate bill on March 13, 2001, and voted 6 to 3 to report it out of committee. On April 9, 2001, it was heard and reported out of the Insurance and Banking Committee by a vote of 7 to 4 and referred to the Finance and Taxation Committee. The session ended before the third committee was able to take action on the legislation No action was taken this session In February 2000, then-representative Debbie Wasserman Schultz introduced a bill to provide up to 12 weeks of unemployment insurance (UI) benefits to employees when they take leave to care for a newborn or newly adopted child. 21

22 Georgia CURRENT LAW State employees may use some of their accrued sick leave to care for certain sick family members. State employees are provided temporary disability insurance at their own expense HB 543 was introduced by Representative Casas on February 18, 2005 and permits school district employees to donate sick leave to a spouse who is an employee of the same local board of education for specific purposes, such as maternity leave, illness, or the illness or death of a family member. The bill was referred to the Education Committee and favorably reported out on March 3, It passed the House with a vote of (23 not voting, 10 excused). It was subsequently referred to the Senate s Education & Youth Committee, which has taken no action on it. However, Committee Chairman Dan Moody advises that the bill will be taken up again soon. PRIOR SESSIONS 2004 HB 1058, The Parental Leave Act, was introduced on January 13, 2004, to allow employees to take leave of up to eight hours to attend school-related activities of their children, including volunteering or attending conferences. Employees were able to substitute vacation or other forms of paid leave for the eight hours. Covered employers included the State and any other establishment that maintains as least one employee. The bill was referred to the House Education Committee where it received a hearing in subcommittee. The full committee gave the bill a favorable report on January 16, 2004, and referred to the Senate Committee on Insurance and Labor, which has taken no further action No action was taken during these sessions. 22

23 Hawaii CURRENT LAW Employees who are temporarily disabled for medical reasons (including pregnancy and childbirth) receive partial wage replacement in the form of temporary disability insurance benefits. Employers of 100 or more employees who provide sick leave must allow employees to use up to 10 days of their accrued and available sick leave to care for a child, parent, spouse, or reciprocal beneficiary with a serious health condition, or to care for a new child. State employees may use some accrued sick leave to care for certain sick family members. State employees may use a direct leave donation program and are provided temporary disability insurance. State employees may use up two hours of paid leave on no more than two occasions per year per child to attend parent-teacher conferences or parent-caregiver conferences Three bills were introduced in SB 533, An Act Relating to Family Leave, and its companion HB1130, sought to close a loophole created by 2003 enactments to the family leave law by amending the definition of sick leave. These bills also sought to allow the use of sick leave in excess of the statutory minimum amount for temporary disability benefits for family leave benefits. The House bill was referred to the Labor Committee which failed to act. The measure has been carried over to the 2006 Regular Session. The Senate version, SB 533, was introduced on January 24, 2005, and first referred to the Labor Committee, which held a hearing on February 4, Representatives from the following organizations testified in favor: Hawaii State AFL-CIO, the United Public Workers, AFSCME, Local 646, AFL-CIO, the Hawaii State Teachers Association, and ILWU Local 142. Opposition was offered by the Society for Human Resource Management (SHRM). The committee voted in favor, 2-1 (1 excused) with Senator Slom voting against. The Ways & Means Committee held a public hearing on February 24, 2005, which also resulted in a 13-2 recommendation to pass the bill. The bill passed on its Third Reading in the Senate on March 8, 2005, with a vote of 18-6 (1 excused). It was sent to the House, and referred to the Labor Committee on March 10, No action was taken, and this measure has been carried over to the 2006 Regular Session. The third bill, HB 325, introduced January 24, 2005, allows private sector employees to use Temporary Disability Insurance sick leave benefits, in excess of the minimum statutory TDI requirements, for family leave purposes. The Labor and Public Employment Committee had a hearing on February 4, 2005, at which supporting testimony was offered by the Hawaii Credit Union League, Society of Human Resource Management-Hawaii Chapter, Watson Wyatt Worldwide, Waikiki Beach Marriott Resort & Spa, The Sultan Company, Queen Kapiolani Hotel, and other concerned individuals. Further comment was offered by the Department of Labor and Industrial Relations, and the Department of Human Resources Development. The bill left the committee with a Pass recommendation: 6-1 (2 excused). The Finance Committee reviewed the measure on February 24, 2005, with representatives of the Hawaii State Teachers Association, ILWU Local 142, and Hawaii State AFL-CIO supporting the bill. As in the Labor Committee, the Departments of Labor & Industrial Relations and Human Resources Development commented upon the bill. The bill emerged from Finance with a Pass 23