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There has never been a better time to push for a national policy on paid leave. But as we raise our collective voices for paid leave, what are the lessons we can share from California? How can we create a policy that is equitable and really works for all US workers – young, low income, men and women of color, and new immigrants?
California’s Paid Family Leave provides up to 6 weeks of partial pay to workers who take time off to bond with a new baby or care for a seriously ill family member. Since its passage in California, we have seen an increase in the median duration of breastfeeding, an uptick in fathers taking bonding leave and positive impacts on the financial security, health and well-being of families. But these benefits are not equally distributed among California workers. A 2011 study by Ruth Milkman and Eileen Appelbaum showed that low income, Latino, new immigrant and young workers had low awareness of the program. And a 2014 Senate Study showed that low-income families take paid family leave at lower levels than higher income workers. If we want a truly equitable program that works for all workers and their families we have work to do.
The California Work & Family Coalition is part of a national network of states, Family Values@Work, organizing for the passage of Paid Family Leave across the country. Even though our state law passed 10 years ago, we have not stopped organizing to expand workers’ right to take Paid Family Leave. In order to make Paid Family Leave more equitable, here are some lessons we have learned from California.
- Diverse, Community Organizations Must be Involved in the Outreach
More than 10 years after Paid Family Leave passed, a 2015 Field Poll showed that only 1 in 3 California registered voters had heard of the program. Awareness is lowest among low income, Latino, and new immigrant workers. Lack of awareness creates a barrier to taking leave where there are already cultural, financial and even legal hurdles for these workers. A Los Angeles Clinic worker who serves Latino and new immigrant families explained that a billboard is not enough – “people assume these programs are not for them. They need to hear it from people they trust.” This is especially important when workers have questions about their legal right to take leave.
The Coalition organized and won a campaign to allocate state education and outreach funds for Paid Family Leave, but the work is just starting to ensure the culturally competent community leaders, agencies and health care providers are involved in effective outreach,
- Demand and Expand the Right to Take Leave
Not every worker has the equal right to take leave. If you work for a small employer, or haven’t been on the job long, you may not be covered by the invisible job protection of FMLA (or CFRA in California). New parents and caregivers in this situation risk termination when they take time to bond with a new baby or care for a seriously ill family member. In California, we’re working hard to change this, but opposition from the Chamber of Commerce and business-friendly law makers killed past legislative attempts to expand Californians’ right to job-protected leave. Last year, an all-out grassroots effort led to the passage of SB 406 (Jackson) which would have extended job protection to more workers taking Paid Family Leave. But the Chamber of Commerce fought it and Governor Jerry Brown vetoed the bill quoting business concerns. The lack of legal protections has a harsher impact on low wage workers who are less likely to have an employer policy allowing leave. To create a truly equitable law, we must demand that all workers have an equal right to time off when they need it most.
- Make Paid Family Leave Affordable for Low Income Workers
Not every worker can afford to take Paid Family Leave. For low-income workers in California, the 55% wage replacement makes taking leave nonviable. This is why we see low income women returning to work too soon after giving birth and many men taking no time at all. As of this writing, AB 908 (Gomez), a Coalition bill which raises wage replacement up to 70% for low income workers is on its way to Governor Jerry Brown’s desk to be signed. We need wage replacement that makes sense so all families can access leave equally and people don’t risk severe financial hardship to be there when their families need them most.
The passage of the California law was an important moment that started the nation talking about the possibility of Paid Family Leave. It’s important for California to keep working to improve our law and influence the broader culture to affirm that taking leave is a basic right for all workers and all families. What we’re learning here can lead to stronger, more equitable paid leave laws across the US.
Jenya Cassidy is the Executive Director of the California Work & Family Coalition, an alliance of parents, caregivers, advocates, and union members organizing to expand and protect every Californian’s right to put their family first.
