State Paid Leave Administration

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State Paid Leave Administration

By Sarah Jane Glynn September 2015


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State Paid LeaveAdministration

By Sarah Jane Glynn September 2015


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1 Introduction and summary

4 Goals and intentions of a paid family and medical

leave program

7 Existing approaches to paid leave

11 Necessary components of a paid family and medical

leave program

20 Conclusion

21 Appendix

23 Endnotes

Contents


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1 Center for American Progress | State Paid Leave Administration

Introduction and summary

Te Unied Saes is he only advanced economyin ac, one o only a ew

counries in he worldha does no guaranee mohers he righ o paid maer-

niy leave.1 Te Unied Saes is one o only a handul o wealhy counries ha

also does no exend he righ o paid leave o ahers, workers wih oher amily

caregiving responsibiliies, or workers who experience a shor-erm disabiliy.2 In

shor, he Unied Saes is an exreme oulier among all comparable economies

because is naional policies do no guaranee he righ o any orm o paid leave

rom work or any reason.

Te unorunae realiy in he Unied Saes oday is ha cerain ypes o work-

ersprimarily, hose in high-paying proessional jobsare much more likely

o have access o paid leave compared wih oher workers. Naionally, only 12

percen o he privae secor has access o paid amily leave, and only 40 percen

has emporary disabiliy insurance offered hrough jobs.3 Bu mos workers will

find hemselves needing ime off a some poin during heir working lives, eiher

o address heir own healh needs, o care or a seriously ill amily member, or o

care or a new baby. I is boh surprising and disappoining ha he Unied Saes

has no ye ound a way o address workers’ needs or paid leave, paricularly given

he ac ha every oher advanced economy in he world has been able o do so.

Te only naional legislaion o help workers address heir own or amily caregiv-

ing needs is he Family and Medical Leave Ac o 1993, or FMLA.4 Te FMLA

ensures ha qualiying workers have job proecion when hey canno work due

o he birh o a child, heir own serious healh condiion, or he need o care

or a seriously ill amily member. Workers are eligible provided hey work or an

employer wih a leas 50 employees, have been a heir curren job or a leas one

year, and have worked a minimum o 1,250 hours over he previous 12 monhs.Te ac was he resul boh o biparisan effors a he naional level5 and o con-

cered effors in individual saes. A he ime hen-Presiden Bill Clinon signed

he FMLA ino law, 34 saes had already passed heir own FMLA laws o ensure

ha heir workers would have job proecion when hey needed ime off o care

or a new baby, a seriously i ll amily member, or hemselves.6


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Te FMLA was a groundbreaking piece o legislaion and remains he only work-

place proecion ha many workers have when hey need ime off or caregiving.

While he job proecion i provides is invaluable o he workers who are covered,

40 percen o workers are excluded because hey work or small businesses, work

par ime, or have been wih heir employer or less han a year.7 And while he

FMLA ensures ha hose who are covered can reain heir jobs, i does no ensureha hey will receive any pay during heir leave.

Given ha so ew privae-secor employers provide paid amily leave, mos workers

will no have access o income i hey need o ake leave. Furhermore, he work-

ers who are leas able o afford ime off wihou pay also are ar more likely no o

have access o paid leave: High-income workers are more han five imes as likely o

have access o paid amily leave compared wih low-income workers.8 Tis dispariy

means ha oo many amilies have o pu heir economic securiy a risk when hey

ace amily caregiving responsibiliies. Moreover, because women are ofen expeced

o handle caregiving or heir amilies, hey are disproporionaely orced o makedifficul choices abou how o ensure hey or heir amilies ge he care hey need.

While our naional policies may lag behind he res o he developed world,

individual saes have been acive in challenging he saus quo and exending he

righ o paid leave o heir workers. Currenly, five saes have emporary disabiliy

insurance, or DI, programs ha provide wage replacemen o workers when hey

canno work due o a serious illness or injury incurred ouside he workplace.9

Caliornia, New York, New Jersey, and Rhode Island implemened sae DI

programs in he 1940s, while Hawaii’s law was passed in 1969.10 Te five sae DI

programs were he only orm o wage replacemen available o workers who were

emporarily unable o work hroughou he res o 20h cenury, unil Caliornia

passed a paid amily leave policy in 2002.* Implemened in 2004, Caliornia’s

policy exended is DI program beyond wage replacemen or illness or injury

and offered benefis o workers who needed ime off o care or a new child or o

provide care o a seriously ill or injured amily member. New Jersey and Rhode

Island ollowed sui, adding amily care o heir already exising DI programs.11

Te expansion o emporary disabiliy insurance o include paid amily leave was an

imporan sep in Caliornia, New Jersey, and Rhode Island o help bring workers’righs closer in line o he Inernaional Labour Organizaion’s global sandards.12

Te programs in hese saesand heir posiive effecs on he saes’ workers, 13

* Correction, March 30, 2016: Tis report incorrectly stated the year that California

passed its paid family leave policy. Te correct year is 2002.


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employers,14 and economies15highligh he viabiliy and imporance o paid am-

ily leave and emporary disabiliy insurance. Bu wha abou he remaining 45 saes

and he Disric o Columbia, which do no have long-sanding DI programs on

which o build paid amily and medical leave, or PFML, programs? How can hey

efficienly and cos-effecively implemen boh paid amily leave and emporary

disabiliy leave in one ell swoop?

Tere are a number o ways ha a PFML program can be srucured, and he final

orm ha he program akes will depend on how saes choose o answer a variey

o quesions. Which condiions will be covered? How long will workers be able o

ake leave? Wha level o wage replacemen will be available o leave-akers? How

does an individual qualiy or he program? How will he program be unded?

Wha is he ulimae role o he sae governmen, employers, and workers? While

he answers o each o hese quesions may differ rom sae o sae, hus alering

he ulimae ype o program enaced, here are a number o commonaliies and

issues ha mus be addressed or any PFML program.

Tis repor ocuses on he aspecs o a sae-level PFML program ha are univer-

sal, regardless o he specifics o program eligibiliy, benefis, and unding mecha-

nism. Any ype o program mus have he abiliy o:

• Deermine i a worker is experiencing a leave-qualiying condiion• Deermine i a worker is eligible or program paricipaion• Calculae he amoun o benefi ha a worker is eligible or• Process he leave benefi and disperse unds o he worker

Unlike in saes wih DI programs, here is no perec fi or a PFML program

wihin already exising sae programs. As a resul, he creaion o a new PFML

program is no as simple as expanding anoher program o also cover amily

and medical leave. However, his does no mean ha here are no lessons o be

learned rom and resources ha can be shared wih already esablished sae-

level benefi programs. While each sae has is own unique se o circumsances,

his repor will lay ou opions or how o mos efficienly and cos effecively

esablish paid amily and medical leave. Saes may no be able o simply expand

anoher program o house a PFML program, bu here are opporuniies o sharedaa, inrasrucure, and resources wihin Sae Workorce Agencies, sae axing

auhoriies, and workers’ compensaion programs.


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Goals and intentions of a paid

family and medical leave program

Te larger social goals or a PFML program mus be woven explicily ino he

program’s srucure, rules, and requiremens. In he conex o he U.S. economy,

hree goals should be kep in mind when crafing any PFML program: reducing

inequaliy; promoing boh shor- and long-erm economic securiy; and promo-

ing greaer gender equiy a work and a home.

Reduce inequality

Currenly, access o paid amily leave in he Unied Saes is highly unequal: Only

12 percen o privae-secor workers have access o paid amily leave, and only 40

percen have emporary disabiliy insurance provided hrough heir employers.16

Workers wih earnings in he op 10 percen are more han five imes as likely o

have access o paid amily leave and emporary disabiliy as hose in he lowes 10

percen.17 Alhough highly paid proessional workers are he mos likely o have

access o paid leave, all workers are equally likely o experience he need or leave,

eiher o care or hemselves or or a amily member, a some poin in heir work-

ing lives. Tis is why a naional program mus offer all workers an equal opporu-

niy o access leave. Te program should have eligibiliy rules ha ensure ha all,

or nearly all, workers can qualiy or paid leave when hey need i.

Build and maintain family economic security

A PFML program should help promoe amilies’ economic securiy in boh he

shor and he long erm. Promoing shor-erm economic securiy requires a leave

program o provide a level o wage replacemen ha is sufficien o mee a amily’sneeds wihou disincenivizing work. Benefi calculaions should be progressive


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enough o aciliae usage by low-wage workers and generous enough o encour-

age paricipaion, while reasonable caps would be pu in place o ensure ha he

overall coss o he program were no oo high.

Te program should also promoe long-erm economic securiy by supporing

coninued labor orce paricipaion by boh men and women hroughou hecourse o heir adul lives. Curren esimaes are ha women lose $274,044 and

men lose $233,716 in oal lieime earnings and Social Securiy benefis as a

resul o leaving he workorce in order o provide amily care.18 Paid amily leave,

however, has been shown o have a paricularly srong effec on women’s labor

orce paricipaion raes boh in he Unied Saes and abroad: Access o paid

maerniy leave has been explicily linked o mohers’ aser reurns o work and an

increased likelihood o reurning o he same job wih he same employer.19 Only

very lenghy maerniy leave policies have been linked o lower raes o women’s

employmen: Tis effec is seen primarily in counries ha offer more han 12

monhs o leave.20

Promote gender equit y

Finally, a PFML program should be inended o help promoe gender equiy

wihin workplaces and amilies. When men ake amily leave, hey are more

engaged in providing care or heir children, an effec ha persiss even afer hey

reurn o work, resuling in greaer gender pariy wihin amilies.21 Providing men

wih greaer access o leave also reduces he sigma around leave-aking, an aciviy

ha is currenly associaed more heavily wih working women.22 And daa rom

oher counries and U.S. sae programs show ha wage replacemen increases

men’s leave-aking behavior.23

Faciliaing women’s reurn o work and promoing men’s leave-aking will also

help equalize he work hisories o men and women, since women are currenly

more likely o ake exended spells away rom work han men. Closing he gap in

women’s and men’s levels o job experience would help narrow he gender wage

gap by more han 10 percen.24


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Overarching principles

In order o effecively mee all o hese goals when implemened, any PFML pro-

gram mus:

•Be broadly available o all workers

• Cover a comprehensive lis o serious medical and amily needs

• Provide adequae wage replacemen

• Be inclusive o diverse amilies and heir care responsibiliies

• Be available o workers wihou ear o negaive employmen consequences

• Be affordable and cos effecive25


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Existing approaches to paid leave

Tere are a number o differen ways ha paid amily and medical leave programs

can be srucured. Te firs and mos basic quesion ha mus be answered is

wha orm he program should ake. In oher naions, paid leave is financed and

adminisered hrough one o hree basic mechanisms: employer mandaes and

liabiliy; social insurance; or a nonconribuory sysem.26 Individual employer

liabiliy is he leas common and requires individual employers o provide paid

leave benefis direcly o heir workers, someimes hrough a mandae o purchase

privae insurance. Under his sysem, workers do no pay direcly ino he pro-gram, and employers are responsible or eiher sel-financing paid leave benefis

or paying privae insurance premiums.27 Social insurance sysems, which are

he mos common, are financed by conribuions made by employees and/or

employers. Workers pay ino he sysem, usually in he orm o axes, and hen are

eligible o receive wage replacemen rom he governmen when hey need o ake

leave. Nonconribuory sysems ofen uncion very similarly o social insurance

programs, wih he governmen paying or leave benefis o workers raher han

requiring employers o bear he cos hemselves, bu hese programs are unded

hrough alernae means, no hrough axes ha workers or heir employers pay.28

Each opion has is own drawbacks and benefis, and saes will need o decide

or hemselves which opion is he mos poliically easible and beneficial o

heir workers.

Program structures

Employer mandates and liability

Mandaes and employer liabiliy are he leas common way o srucure paid leave

inernaionally, and here is no preceden or offering paid amily and medical

leave in his orma in he Unied Saes. Under his srucure, employers are


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required o provide wage replacemen o heir workers while hey are on leave,

eiher by direcly sel-financing or a leave program or by purchasing privae mar-

ke insurance producs. Tis is a relaively uncommon way o providing maerniy

leave inernaionally, hough a handul o counriesincluding Malaysia, Zambia,

and Ghanahave srucured heir programs in his way.29

In is pures orm, his organizing srucure consiss o he governmen imposing

a mandae on businesses o provide paid leave o workers, bu i does no include

a ranser o governmen unds o businesses in order o offse coss. Insead,

employers are expeced o oo he bill hemselves. A handul o oher counries

including Singapore, Tailand, and he Republic o Koreahave developed

programs where he governmen unds a porion o he leave while employers

finance anoher porion.30 In boh insances, however, businesses are required o

provide paid leave o workers hemselves, which is in direc conras o he curren

scenario in he Unied Saes.

Tis opion is among he leas atracive or wo reasons. Firs, i requires individ-

ual businesses o bear he cos o paid amily and medical leave enirely or primar-

ily on heir own. As previously oulined, paid leave has large-scale socieal benefis

ha exend beyond a paricular firm or employer. No all businesses will experi-

ence he same level o demand or paid leave, and organizaions ha dispropor-

ionaely employ women o childbearing age or older workers, who are more likely

o experience a need or personal medical leave, would have a harder ime meeing

a mandae han organizaions wih differen employee demographics.

Second, because business mandaes place he cos on individual firms o provide

paid leave rom heir company coffers, here is reason o suspec ha his ype

o employer liabiliy would lead o negaive employmen oucomes or workers

who are viewed as more likely o need leave. Inernaionally, mandaed employer-

provided maerniy leave has been linked o negaive oucomes or women, such

as employmen discriminaion, lowered labor orce paricipaion raes, and a

large wage gap.31 Currenly, 39 percen o privae-secor workers have emporary

disabiliy insurance coverage hrough heir employers, and i is possible ha he

marke could develop similar producs o cover paid amily leave i an employer

mandae were passed.32

However, his is no likely o be he mos cos-effeciveor efficien opion, since any privae insurance produc is likely o be experience

raed, which would sill incenivize employmen discriminaion agains workers

viewed as more likely o ake leave. Addiionally, he inroducion o a or-profi

business model would incenivize insurance companies o deny claims or leave,

replicaing some o he problems seen in he privae healh insurance marke.33


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Guaraneeing he righ o paid amily and medical leave hrough employer man-

daes and liabiliy is likely o resul in uneven and disproporionae coss or some

businesses over ohers and in negaive oucomes or women, older workers, work-

ers wih disabiliies, and oher workers who are he mos likely o need paid leave.

Creaing a sysem o shared responsibiliy, as he majoriy o oher counries and a

number o U.S. saes have done, is a saer and more equiable way o ensure accesso paid leave. Such an opion also helps drive home he realiy ha paid amily and

medical leave should no be a high-end perk or workers bu raher a necessary

work suppor, as all workers are likely o need i a some poin in heir lives. As a

resul, his should no be saes’ preerred approach o providing paid amily and

medical leave.

Social insurance

A number o oher counries, including he majoriy o advanced economies, havecrafed heir amily leave policies as social insurance programs where all, or nearly

all, workers pay ino an insurance und, ofen hrough a small payroll ax.34 When

he need o ake leave occurs, workers receive wage replacemen as a governmen

benefi. A social insurance model is atracive because, when houghully planned

and adminisered, i can provide universal coverage a a very low per-person cos.

While social insurance programs are popular inernaionally, hey also have a

preceden in he Unied Saes. Social Securiy and Medicare are he bes-known

domesic social insurance programs, wih workers paying ino he unds dur-

ing heir working years and hen receiving benefis rom he governmen when

needed.35 In addiion, five saes also have long mainained DI programs ha

operae in a similar manneralbei a a smaller scaleand in hree saes, hese

programs were expanded o provide workers wih paid amily leave as well.36

In hese U.S. examples, social insurance uncions in ways ha are very similar o

privae insurance: Workers pay a small premium hrough heir payroll axes ha

goes ino a dedicaed rus und, and when hey need o uilize he program, hey

are provided wih wage replacemen drawn rom ha und.

In he five saes wih DI programsCaliornia, New Jersey, Rhode Island,

New York, and Hawaiieligible workers receive wage replacemen when hey

are unable o work due o heir own serious healh condiion. Tree o hese

saesCaliornia, New Jersey, and Rhode Islandalso have paid amily leave


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programs ha cover ime off afer he birh o a new baby or o provide care or

a seriously ill amily member. Te exac rules regarding eligibiliy and coverage

differ rom sae o sae, bu in all five saes, workers receive a porion o heir

normal wages up o a capped amoun and qualiy based on heir work hisory.

(See able 1 in he Appendix or a comparison o curren amily and medical

leave programs and proposals)

Noncontributory programs

Finally, some counries have implemened nonconribuory paid leave programs,

which are financed hrough general unds raher han dedicaed payroll axes. Tis

is a less common approach han using a social insurance model. Ausralia, he

mos recen counry o creae a naional paid parenal leave program, ook such

an approach when crafing is policy, which was implemened in 2011.37 Under is

program, leave-akers all receive he same benefi, paid a he naional minimum wage, which is consisen wih he pre-exising “Baby Bonus,” which provided a

fla, lump sum benefi o parens afer he birh o a child.38 In social insurance pro-

grams, where workers are axed and hus pay ino he sysem in relaion o heir

wages, benefis are ypically deermined as a percenage o normal earnings. For

example, he people who pay he mos ino he Social Securiy sysem also receive

he highes reiremen benefis. Because Ausralia’s program offers a fla paymen

o all leave-akers, however, i is logically consisen or hem o draw hese unds

rom general revenue raher han ying hem o specific employee conribuions.

Ausralia’s program is also unique because workers receive heir benefis hrough

heir employers’ payroll sysems, meaning ha hey receive wage replacemen

hrough he same mechanism hrough which hey receive heir normal earnings.39

Te governmen makes an advance paymen o he employer in order o cover he

cos o he leave benefi, paid ou o general revenue. While his may seem iniially

o be ouside he norm or U.S. ederal or sae benefis, i poenially can be an effi-

cien way o adminiser benefis in he Unied Saes and can be srucured o be

consisen wih already exising domesic programs and laws. More inormaion on

he dispersal o unds o leave-akers will be discussed in deail laer in his repor.


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Necessary components of a paid

family and medical leave program

Sae-level paid amily and medical leave can be srucured and adminisered

hough employer mandaes and liabiliy, social insurance, or nonconribuory pro-

grams. Regardless o he orm i akes, in order o be successul, any sae program

mus be able o do he ollowing our hings:

• Deermine wheher an applicaion or leave is valid. Tis includes boh he

abiliy o make deerminaions on wheher he worker’s condiionmedical,

parenal, or caregivingqualifies him or her or leave and he abiliy o processhe appropriae applicaion maerials.

• Deermine wheher he leave-aker mees he program eligibiliy requiremens.

• Deermine he amoun o he paid leave benefi.

• Process paymen inormaion and disperse unds o eligible leave-akers.

Evaluating qualifying events

A viable PFML program mus have he abiliy o make deerminaions as o

wheher an individual is experiencing an even ha is covered by paid leave. Te

curren saes ha offer paid leave cover he same broad caegories covered under

he Family and Medical Leave Acnamely, he worker’s own serious healh con-

diion or amily caregiving or a new child or seriously ill or injured amily mem-

ber.40 Any sae program, hereore, should be sufficienly broad in order o cover

he diverse needs o workers and o no exclude hose who are pas childbearing

age or have personal medical needs. Tus, a sae program should cover bohsel and amily caregiving, as do programs in Caliornia, New Jersey, and Rhode

Island. Tis repor proceeds under he assumpion ha any paid leave program

would, a a minimum, cover he same qualiying condiions as he FMLA.


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Te currenly exising sae models provide an example o how medical deermi-

naions can be made. I is imporan o noe ha unlike long-erm Social Securiy

Disabiliy Insurance benefiswhich are inended o cover serious, long-erm

disabling condiions ha las or a leas one year or are anicipaed o be ermi-

nal41he shor-erm medical benefis being proposed here would cover a much

more modes lengh o ime, resuling in a vasly simplified medical deerminaionprocess. Sae emporary disabiliy insurance programs currenly evaluae qualiy-

ing evens afer receiving official documenaion rom licensed medical proession-

als reaing individual workers, while parenal leave can be easily verified hrough

sae birh records.

In Caliornia, or example, medical cerificaion is provided direcly o he sae

rom a wide variey o licensed medical proessionals.42 In addiion o provid-

ing proo o licensing, medical praciioners mus provide he sae wih eiher

a diagnosis or deailed saemen o disabling sympoms and an Inernaional

Classificaion o Diseases, or ICD, codewhich are used inernaionally and byU.S. hospials, healh care aciliies, and he Ceners or Medicare & Medicaid

Services o beter rack and undersand he clinical needs o paiens. Medical

proessionals who submi documenaion o he sae mus also provide an

anicipaed dae when he individual is likely o be able o reurn o work. Falsely

ceriying a medical condiion is punishable by imprisonmen, fines, and/or a

penaly o repay a porion o any benefis ha may have been paid as a resul o a

raudulen medical cerificaion.43 Te sae also has he abiliy o reques an exam

rom a member o is panel o independen medical examiners in order o veri y

disabiliy saus.44

Individual businesses ha offer paid leave generally rely on he same ypes o

inormaion, hough he level o cerificaion needed may vary rom organizaion

o organizaion and ofen ollows he same guidelines and reporing documena-

ion used or job-proeced leave under he FMLA. Under he FMLA, workers

provide official documenaion o heir employers ha conains inormaion

ha heir medical provider has provided and signed. Te ypes o inormaion

provided may include: he name and conac inormaion or he worker’s medi-

cal provider; he dae ha he worker’s healh condiion began and how long i is

anicipaed o las; relevan and appropriae inormaion abou he worker’s healhcondiion; inormaion esablishing ha he worker canno perorm he essenial

uncions o his or her job or a saemen esablishing ha a amily member is

under he supervision o a medical provider due o a serious healh condiion and

ha he worker needs o provide care.45


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I an employer is concerned ha such inormaion may be inaccurae, incomplee,

or oudaed, an appropriae represenaiveno he worker’s direc supervisor

may conac he worker’s medical provider in order o obain auhenicaion or

clarificaion o he inormaion provided in he iniial FMLA cerificaion process.

I an employer quesions he validiy o he iniial cerificaion, i can reques a

second opinion, provided ha he medical proessional providing he secondopinion is no also an employeeor example, a principal could no reques ha

he school nurse provide he second opinion or a eacher requesing medical

leaveand ha he employer pay or he cos o he addiional cerificaion. I he

second opinion differs rom he firs, he employer may also requesand mus

pay ora hird opinion. Te hird opinion is considered final, and he employer

mus accep ha decision.46

Wih he excepion o DI programs, here are no broad sae-level programs ha

already provide a similar service o making medical deerminaions or any oher

programs, wih he poenial excepion o sae workers’ compensaion. In all buour saesNorh Dakoa, Ohio, Washingon, and Wyomingsae workers’

compensaion programs involve some level o privaizaion, and only 19 saes

have sae-run unds ha are compeiive wih he privae marke.47 Under some

circumsances, i may be possible o share resources and experise wih he medi-

cal expers in a sae workers’ compensaion office, bu in mos insances, new

saff, raining, and sysems will have o be developed. However, he lessons rom

sae DI and workers’ compensaion programs and FMLA cerificaions can help

provide a road map or how new PFML programs could se up rules and proce-

dures o develop a medical cerificaion process ha is sreamlined and efficien

wihou encouraging or permiting raud.

Determining program eligibility and wage replacement

In addiion o esablishing ha a qualiying condiion has occurred, a PFML pro-

gram mus have enough inormaion abou a worker o know wheher he or she

is eligible or he program and wha level o wage replacemen he or she would be

eligible o receive. Tis ideally means apping ino already exising daa on workers

and heir earnings, raher han creaing a redundanand prohibiively expen-sivenew source o inormaion.

A sae-based PFML program will need wo ypes o inormaion on workers.

Firs, daa are needed on workers’ labor orce atachmen in order o make deer-

minaions abou program eligibiliy. Second, daa are needed on previous earnings


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in order o deermine he appropriae level o wage replacemen or workers who

are eligible or leave. Te breadh, deph, and recenness o hese daa will depend

on he exac rules or he program.48 In order o qualiy or paid leave in Rhode

Island, a worker mus have:

1. Earned wages in Rhode Island and paid payroll axes ino he und

2. Earned a minimum o $10,800 in eiher he base periodhe firs our o he

las five compleed calendar quarersor he alernae base periodhe las

our compleed calendar quarers

3. Earned a minimum o $1,800 in a leas one o he base period quarers, have

oal base period axable wages ha are a minimum o 1.5 imes as high as he

highes quarer o earnings, and have oal base period earnings o a minimum

o $3,60049

Rhode Island’s program calculaes he appropriae benefi amoun by firs deer-

mining he highes quarer o earnings in he base or alernae base period. Weekly

paid leave benefis are equal o 4.62 percen o he oal wages earned in ha quar-

er, which is roughly equivalen o 55 percen o weekly wages. While he deails

here may seem very echnical, he sae o Rhode Island is able o make program

eligibiliy deerminaions and benefi calculaions as long as i has earnings daa

or individual workers ha cover he las five compleed calendar quarers.50

Every Sae Workorce Agencysomeimes called a Sae Employmen Agency

collecs quarerly employmen daa on workers, primarily in associaion wih heir

individual sae unemploymen insurance, or UI, programs, hough some saes

collec more inormaion han ohers.51 Tese daa are housed a he sae level

and are used o deermine i workers are eligible or UI benefis i hey lose heir

job hrough no aul o heir own. Records are based on employmen and wages

and do no include ederal workers. I is possible o use hese records or oher

purposes besides making UI deerminaions, bu any PFML legislaion mus spec-

iy clearly ha he ranser o inormaion would be mandaed and mus conain a

way o pay or access and usage o he daa. For example, Caliornia’s Employmen

Developmen Deparmen adminisers boh unemploymen insurance and hesae’s DI and paid amily leave programs using he same daa o deermine eligi-

biliy or any o hem.52 Tese coss associaed wih sharing daa across programs

are assessed on an individual sae-by-sae basis.


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Similar inormaion on quarerly earnings is also ransmited o he Sae Direcory

o New Hires, which is laer shared wih he Naional Direcory o New Hires.53

I a sae is unable o access quarerly wage records or is workers hrough is UI

sysems, he same daa could be accessed hrough he Sae Direcory o New

Hireshough again, his mandaed daa sharing would need o be explicily

writen ino legislaion and paid or hrough appropriae compensaion o covercoss. Tere may be, however, a lag in reporing worker inormaion o he Sae

Direcory o New Hiresand laer, o he naional direcoryso hese daa may

be less up o dae han hose held by Sae Workorce Agencies. Sauory auhor-

iy is required or he Naional Direcory o New Hires o share inormaion; here-

ore, i is unlikely ha a sae PFML program would be able o access his daa se

wihou a change o ederal legislaion. However, i is highly unlikely ha a sae

would need o go o he naional direcory raher han hrough is sae agency.

I quarerly wage records on workers are no available in a paricular sae, here

are addiional opions wih a greaer ime lag. Sae axing auhoriies in he 41saes wih broad-based income axes also have daa on workers’ earnings rom

he previous calendar year submited hough individual ax filings.54 In he case

o saes wihou income axes, he Inernal Revenue Service, or IRS, receives

deailed inormaion abou individuals’ employmen earnings records hrough

ederal ax filings. Tis inormaion may be shared wih selec oher agencies,

including wih he Social Securiy Adminisraion or he limied purposes o

deermining Social Securiy and Medicare eligibiliy, wih sae axing auhoriies,

and pursuan o cour order wih law enorcemen agencies.55

However, low-wage workers wihou ax liabiliies who are no legally required o

file heir axes may no do so and hus would no be capured in hese daa ses.

Low-wage workers who do no file heir axes because hey do no owe money

o heir sae axing auhoriy or o he IRS may be losing ou on poenial ax

reunds. Using daa rom he previous year’s ax filings as a way o deermine eli-

gibiliy or a sae PFML program could poenially help incenivize filing among

his group.

Te benefi o using wage records colleced hrough a Sae Workorce Agency or

he Sae Direcory o New Hires is ha his inormaion can be broken down ona quarerly basis and is much more requenly colleced and updaed. Individual

wage records should be available hrough hese sources wih no more han a hree-

monh lag beween he las piece o wage inormaion colleced and he dae he

worker would be applying o ake leave. I a worker applies o ake leave in June,


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or example, he Sae Workorce Agency should have on file his or her wage daa

rom he previous quarer, spanning January hrough March. Having more recen

wage and employmen daa can be useul no only o deermine wheher a worker

has sufficien labor orce atachmen o qualiy or paid leave bu also o ensure

ha any wage replacemen calculaions are being made using recen and hereore

more relevan daa. However, i saes mus use ax filings as a source o employ-men and earnings inormaion, here may be more han a one-year gap beween

he mos recenly available daa and he dae a worker applies or leave.56

Dispersing wage replacement

Afer deermining program eligibiliy and calculaing wage replacemen, a

naional PFML program mus have he abiliy o ranser he cash benefi o

leave-akers in a imely and efficien manner. Mos governmenal programs have

moved away rom dispersing paper checks o individuals who receive benefisin avor o elecronic ransers o unds in order o save money and o simpliy

and expedie an individual’s receip o benefis. For example, Social Securiy and

Supplemenal Securiy Income benefis can, in he vas majoriy o cases, only

be received hrough direc deposi ino a recipien’s back accoun or ranserred

o a Direc Express accoun, which can be accessed using a Direc Express Debi

MaserCard. Elecronic Benefis ranser cards, provided by independen conrac-

ors, are similar o debi and credi cards and are used o disperse benefis or he

Supplemenal Nuriion Assisance Program, or SNAP, ormerly known as ood

samps; emporary Assisance or Needy Families, or ANF; and, in some cases,

he Special Supplemenal Nuriion Program or Women, Inans, and Children,

or WIC.57 Saes have similar conracs wih banks o provide UI benefis, hough

hese benefis are provided using a separae card.58

Federal law dicaes ha individuals canno be required “o esablish an accoun

or receip o elecronic und ransers wih a paricular financial insiuion as a

condiion o … receip o a governmen benefi,”59 and direc deposi o benefis

unds should always be he firs choice due o is efficiency and cos effeciveness.

As o 2013, he rae o direc deposi or unemploymen benefis ranged rom 16

percen o 82 percen, wih an average o 57 percen, indicaing ha saes coulddo more o encourage and aciliae he direc ranser o unds ino recipiens’

bank accouns.60 However, because roughly 8 percen o he populaion17 mil-

lion adulsis unbanked, i is imporan and necessary o ensure ha individuals

have alernae means o receiving heir cash benefis.61


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Te already exising sae paid amily leave and DI programs use preloaded debi

cards o disperse wage replacemen o leave-akers. Caliornia and New Jersey

have parnered wih Bank o America o provide debi cards ha allow beneficia-

ries o access heir unds, while Rhode Island provides cards hrough a conrac

wih Chase Bank or recipiens who do no sign up or direc deposis.62 In all

hree saes, hese are also he same cards ha are used o disperse UI benefis oeligible workers.63 Te use o such cards is no wihou is poenial downsides,

including ees or common acions such as checking he accoun balance or wih-

drawing unds. While cards ha are associaed wih banks usually have ree wih-

drawals when using an in-nework AM, recipiens may no live in an area where

hey are readily accessible.64 However, paper checks also can presen problems or

people who may have difficuly cashing hem, and hey are expensive o process

and mail. Te sae o Caliornia esimaed ha i would save $4 million as a resul

o is swich rom mailing checks o he use o debi cards.65

Each o hese opions involves conracing wih ouside vendors in order o admin-iser he accouns and ensure access o benefis. Te larges governmenal agen-

cies ha currenly have he abiliy o disperse cash benefis direcly o individuals

are he Social Securiy Adminisraionhrough direc deposi or prepaid debi

cardsand he IRShrough eiher direc deposi or he mailing o paper checks.

However, he adminisraion o a benefi or workers can poenially be achieved

hrough he same means as heir normal wages. In Ausralia, he mos recen coun-

ry o creae a naional paid parenal leave program, leave-akers all receive a fla

benefi paid a heir naional minimum wage, equal o 657 Ausralian dollars per

week beore axes as o July 2015.66 Workers receive heir benefis hrough heir

employers’ payroll sysems, meaning ha hey receive wage replacemen hrough

he same mechanism hrough which hey receive heir normal earnings.67 Te

governmen makes an advance paymen o he employer in order o cover he cos

o he leave benefi. Raher han conracing wih a bank or credi card company

a sysem ha coss billions o dollars and ofen imposes ees on benefi recipiens

in he Unied Saes68in his ormulaion, he governmen is essenially con-

racing direcly wih he employer o he individual receiving leave. In he case o

Ausralia, employers also can receive a ax deducion or he cos o processing he

paid leave benefi, which is nominal and, under mos circumsances, should no be

any more difficul or burdensome han processing normal payroll.

Te mos appropriae mehod o und dispersal will depend on he conex and

condiions already presen in a paricular sae. Direc deposi should always be

he firs opion, in keeping wih ederal law and in order o minimize delays in


21/30


receiving paymens and coss or benefi recipiens. In saes where unemploy-

men benefis are dispersed on high-qualiy prepaid cards wih low ees or

users, i may be he mos cos-effecive and efficien way o make PFML benefis

available hrough he same vehicle. Tis may be a paricularly sensible opion i

he new PFML program is sharing daa sources wih he UI sysem hrough he

same Sae Workorce Agency. While a presen here are no domesic programsha provide benefis hrough employer payroll sysems in he way ha Ausralia

does, his is a mechanism ha is worhy o addiional research and may be a more

reasonable opion or some saes, paricularly in cases where a PFML program is

sharing daa wih he sae axing auhoriy raher han a Sae Workorce Agency.

Throughout this report, the default presumption has been that any

state interested in implementing paid family and medical leave

would establish it as a distinct program with its own staff, trust fund,

and administrative rules. But the three states with PFML programs

were able to institute them by expanding their long-standing TDI

programs. Why not do the same with unemployment insurance in

states without temporary disability insurance?

Expanding temporary disability benefits to also cover paid fam-

ily leave is ideologically consistent with the original intent of TDI

programs. Temporary disability leave is intended to provide wagereplacement to workers who temporarily cannot perform their

normal work duties because of a medical condition, while paid family

leave benefits are for those who are temporarily unable to work due

to caregiving responsibilities for a new baby or other family member.

The pairing of the two benefits is consistent with the qualifying con-

ditions outlined under the FMLA, and states use the same labor force

attachment eligibility criteria and wage replacement calculations for

both types of benefits.

The idea of implementing paid family and medical leave by creating

a similar partnership with state unemployment benefits has beenpresented in the past, but this pairing is not as ideologically consis-

tent or feasible as partnering with temporary disability insuran

benefits are intended to provide wage replacement to workers

they separate from their jobs through no fault of their own, usu

due to layoffs caused by lack of work or job elimination.69 But w

ers who are taking paid family and medical leave ideally would

separate from their jobs, as these programs are intended to wo

tandem with the FMLA’s job protection in order to facilitate con

ous employment.

Additionally, in order to qualify for unemployment benefits, a w

must be available and able to return to work as soon as a suitab job is found, a state of being which is incompatible with paid fa

and medical leave, which is needed precisely because a worker

not go to work due to personal or family caregiving responsibi

The unemployment insurance modernization program allowed

to expand their UI programs to cover workers who had to leave

jobs due to “compelling family reasons,” which include caregivi

seriously ill or injured family members.71 So while 24 states hav

rules that theoretically can provide benefits to family caregiver

does not cover all of the conditions outlined under a PFML prog

and still requires workers to leave their jobs in order to collect t

benefit, something at odds with the spirit of a PFML program.7

Why does paid family and medical leave need to be a separate program?


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In addition, the funding and staffing for UI programs are driven by

a program’s workload, which depends on the state of the economy.

The taxes that employers pay into the system are experience rated,

with employers who regularly send people into the UI system paying

higher taxes than those who experience less turnover. If a state PFML

program were funded through payroll taxes, this sort of structurewould not be appropriate. If a payroll tax for paid family and medical

leave were experience rated, it would disincentivize leave-taking

among the populations who need it most and could potentially lead

to employment discrimination. Furthermore, individual states do not

hold their own UI funds, and the taxes they collect from employers

are transferred to the U.S. Treasury, which holds accounts for each

state and contributes federal funds. Incorporating PFML funds into

this structure would be overly complicated with no real benefit, since

there would be no federal contribution. It also would be highly prob-

lematic from legal and accounting perspectives to mingle the funds

for both programs.

The staffing and capacity of state UI offices is likewise driven by

demand for their services, which ebb and flow based on the strength

of the economy and unemployment rates. The need for paid family

and medical leave as a whole is much more stable, so housing

program directly within a UI office would likely result in staffin

ficulties. Further complicating matters, the computing infrastru

and software capabilities for state UI offices vary dramatically,

in many cases, it simply would not be possible to add new prog

administration capabilities to already existing computer systemFinally, many UI programs have low solvency levels, making it u

that there would be much appetite at the state level to take on

another new benefit.74

There are many lessons that a state PFML program could learn

local UI programs and efficiencies that could be built upon by s

data, benefit dispersal mechanisms, and other processes. How

they should be two separate programs with their own staff, fun

mechanisms, and trust funds in order to adhere to the underly

principles of each program and to ensure that workers are able

access the benefits that they need.


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Conclusion

oday, he majoriy o mohers work ouside he home, and he majoriy o chil-

dren are raised in households wihou a ull-ime, say-a-home caregiver.75 Bu

a he same ime, access o work-amily suppors such as paid leave are unequally

disribued, wih whie, highly educaed, and highly compensaed workers much

more likely o have access o paid leave and oher suppors han people o color

and workers wih less ormal educaion and lower wages.76 Sae paid amily and

medical leave programs are one way o help bring he Unied Saes up o he same

sandards as every oher advanced economy in he world and o bring is laborsandards in alignmen wih he realiies o he 21s cenury labor orce.

Businesses, workers, and he economy all sand o gain rom PFML programs

ha provide workers wih wage replacemen when heir caregiving needs preven

hem rom working. Paid leave has been proven o suppor labor orce atachmen,

and i promoes amily economic securiy in boh he shor and long erms.

Tere are a number o already exising opions o draw rom regarding organiza-

ional orms, inormaion sources, and adminisraive mechanisms when craf-

ing a PFML program. Building upon he bes-proven elemens o exising leave

programs a home and abroad will allow saes o develop comprehensive PFML

programs ha can help reduce inequaliy, suppor and mainain amily economic

securiy, and promoe greaer gender equiy.


24/30


Appendix

TABLE 1

Comparison between existing leave programs

Current national and state family and medical leave policies

Length of leave available

Temporary disability,

including pregnancy-

related medical leave

Parental

and family

caregiving leave Wage replacement Eligibility requirements

Family and Medical

Leave Act of 1993

Up to 12 weeks Up to 12 weeks None Worked at current job for at least 12 month

logged at least 1,250 hours in the previous

AND Work for an employer with at least 50

employees within a 75 mile radius

California Up to 52 weeks Up to 6 weeks 55 percent, with a weekly

maximum of $1,104Earned at least $300 in base period

New Jersey Up to 26 weeks Up to 6 weeks 66 percent, with a weekly

maximum of $604

Earned at least $8,300 in base year

OR

Earned at least $165 per week for a

minimum of 20 weeks

Rhode Island Up to 30 weeks Up to 4 weeks 55 percent, with a weekly

maximum of $795

Earned at least $10,800 in base period

or alternate base period

OR

Earned at least $3,600 in base period, and e

a minimum of $1,800 in at least one base pquarter, with total base period earnings of a

150 percent of the highest quarter’s earn

New York Up to 26 weeks n/a 50 percent, with a weekly

maximum of $170

Worked at least 4 consecutive weeks

for a covered employer

OR

Work for an employer who provides

voluntary coverage

OR

Work at least 40 hours per week for one em

as a domestic or personal employee

Hawaii Up to 26 weeks n/a 58 percent, with a weekly

maximum of $510

Worked at least 20 hours per week

for at least 14 weeks

AND Earned at least $400 in the 52 weeks

prior to the claim date

Source: For Rhode Island benefits, see Rhode Island Department of Labor and Training, “Temporary Disability Insurance/Temporary Caregiver Insurance,” available at http://www.dlt.ri.gov/tdi/htm (last accessed August 2015); For Hawaii benefits, see State of Hawaii Disability Compensation Division, “Frequently Asked Questions – TDI,” available at http://labor.hawaii.gov/dcd/freque

asked-questions/tdi/#How much benefit am I entitled to receive? (last accessed August 2015); For California benefits, see State of California Employment Development Department, “DisabilitInsurance (DI) and Paid Family Leave (PFL) Benefit Amounts,” available at http://www.edd.ca.gov/disability/State_Disability_Insurance_(SDI)_Benefit_Amounts.htm (last accessed August 2015Jersey benefits, see State of New Jersey Department of Labor and Workforce Development, “Frequently Asked Questions – New Jersey Temporary Disability Insurance,” available at http://lwd.

nj.us/labor/tdi/content/faq.html (last accessed August 2015).


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About the author

Sarah Jane Glynn is Direcor o Women’s Economic Policy a he Cener or

American Progress.

Acknowledgments

Te auhor would like o hank Emily Baxer or her research assisance, as well as

Jane Farrell, Gay Gilber, and Neil Gorrell or heir willingness o answer echni-

cal quesions. Addiionally, he auhor would like o hank he Annie E. Casey

Foundaion or is generous suppor o his work.


26/30


Endnotes

1 Danielle Kurtzleben, “Lots of Other Countries MandatePaid Leave. Why Not the U.S.?”, It’s All Politics, July 15,2015, available at http://www.npr.org/sections/itsallpo-litics/2015/07/15/422957640/lots-of-other-countries-mandate-paid-leave-why-not-the-us.

2 Francesca Colombo and others, Help Wanted? Providingand Paying for Long-Term Care (Paris: OECD Publish-ing, 2011), available at http://www.oecd.org/els/health-systems/47884889.pdf ; Per Pettersson-Lidbomand Peter Skogman Th oursie, “Temporary DisabilityInsurance and Labor Supply: Evidence from a NaturalExperiment,” The Scandinavian Journal of Economics 115(2) (2013): 485–507, available at http://www.ne.su.se/polopoly_fs/1.121047.1359039144!/menu/standard/file/pettersonthoursie_11nov2010_sje.pdf .

3 Bureau of Labor Statistics, “Table 32. Leave benefits: Ac-cess, private industry workers, National CompensationSurvey, March 2014,” available at http://www.bls.gov/ncs/ebs/benefits/ 2014/ownership/private/table32a.pdf (last accessed September 2015).

4 U.S. Department of Labor, “Family and Medical LeaveAct,” available at http://www.dol.gov/whd/fmla/ (lastaccessed August 2015).

5 National Partnership for Women & Families, “Historyof the FMLA,” available at http://www.nationalpartner-ship.org/issues/work-family/history-of-the-fmla.html(last accessed August 2015); U.S. Department of Labor,“Family and Medical Leave Act.”

6 Jane Waldfogel, “Family leave coverage in the 1990s,”Monthly Labor Review (1999): 13–21, available at http://www.bls.gov/opub/mlr/1999/10/art2full.pdf .

7 Jacob Alex Klerman, Kelly Daley, and Alyssa Pozniak,“Family and Medical Leave in 2012: Technical Report ”(Cambridge, MA: Abt Associates Inc., 2012), availableat http://www.dol.gov/asp/evaluation/fmla/FMLA-2012-Technical-Report.pdf.

8 Bureau of Labor Statistics, “Table 32. Leave benefits: Ac-cess, private industry workers, National Compensation

Survey, March 2014.”

9 When a temporary disability is the result of a workplaceaccident or workplace conditions, workers’ compensa-tion insurance is used to provide wage replacementrather than temporary disability insurance. See Stateof California Employment Development Department,“FAQ - Workers’ Compensation,” available at http://www.edd.ca.gov/Disability/FAQ_DI_Workers_Com-pensation.htm (last accessed September 2015); Stateof New Jersey Department of Labor and WorkforceDevelopment, “Temporary Disability,” available athttp://lwd.dol.state.nj.us/labor/tdi/tdiindex.html(lastaccessed September 2015); Rhode Island Departmentof Labor and Training, “Temporary Disability Insurance

/ Temporary Caregiver Insurance: Frequently AskedQuestion,” available at http://www.dlt.ri.gov/tdi/tdifaqs.htm (last accessed September 2015).

10 U.S. Department of Labor Employment and TrainingAdministration, “Temporary Disability Insurance,” avail-able at http://workforcesecurity.doleta.gov/unemploy/pdf/temporary.pdf (last accessed September 2015).

11 State of California Employment Development Depart-ment, “About the State Disability Insurance Program,”available at http://www.edd.ca.gov/Disability/About_the_State_Disability_Insurance_(SDI)_Program.htm(last accessed September 2015); State of New JerseyDepartment of Labor and Workforce Development,

“Family Leave Insurance,” available at http://lwd.dol.state.nj.us/labor/fli/fliindex.html (last accessed Sep-tember 2015); Rhode Island Department of Labor and

Training, “Temporary Disability Insurance / TemporaryCaregiver Insurance,” available at http://www.dlt.ri.gov/tdi/ (last accessed September 2015).

12 International Labour Organization, “C183 - MaternityProtection Convention, 2000 (No. 183),” available athttp://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C183 (last accessedSeptember 2015).

13 National Partnership for Women & Families, “Fact Sheet:Paid Leave Works in California, New Jersey and RhodeIsland” (2015), available at http://www.nationalpartner-ship.org/research-library/work-family/paid-leave/paid-leave-works-in-california-new-jersey-and-rhode-island.pdf.

14 Ibid.; Brie Lindsey and Daphne Hunt, “California’s PaidFamily Leave Program: Ten Years after the Program’s Im-plementation, Who Has Benefited and What Has BeenLearned?” (Sacramento, CA: California Senate Office ofResearch, 2014), available at http://www.sor.govoffice3.com/vertical/sites/%7B3bdd1595-792b-4d20-8d44-626ef05648c7%7D/uploads/paid_family_leave_final.pdf ; Maya Rossin-Slater, Christopher Ruhm, and JaneWaldfogel, “The Effects of California’s Paid Family LeaveProgram on Mothers’ Leave-Taking and SubsequentLabor Market Outcomes,” Journal of Policy Analysis andManagement 32 (2) 2013: 224–245.

15 Bureau of Labor Statistics, “Table 32. Leave benefits: Ac-cess, private industry workers, National CompensationSurvey, March 2014.”

16 Ibid.; Bureau of Labor Statistics, “Table 16. Insurancebenefits: Access, participation, and take-up rates, pri-vate industry workers, National Compensation Sur vey,March 2014,” available at http://www.bls.gov/ncs/ebs/benefits/2014/ownership/private/table16a.htm (lastaccessed September 2015).

17 Ibid.

18 National Alliance for Caregiving, Center for Long TermCare Research & Policy, and MetLife Mature MarketInstitute, “The MetLife Study of Caregiving Costs toWorking Caregivers: Double Jeopardy for Baby Boom-ers Caring for Their Parents” (2011), available at https://www.metlife.com/assets/cao/mmi/publications/stud-ies/2011/Caregiving-Costs-to-Working-Caregivers.pdf .

19 Francine D. Blau and Lawrence M. Kahn, “Female LaborSupply: Why is the US Falling Behind?” (Bonn, Germany:Institute for the Study of Labor, 2013); Lawrence Bergerand Jane Waldfogel, “Maternity leave and the employ-ment of new mothers in the United States,” Journal ofPopulation Economics 17 (2) (2004): 331–349, availableat http://link.springer.com/article/10.1007/s00148-003-0159-9#page-1.

20 Christopher Ruhm, “The Economic Consequences of

Parental Leave Mandates: Lessons from Europe.” Work-ing Paper 5688 (National Bureau of Economic Research,1996), available at http://core.ac.uk/download/pdf/6894424.pdf.

21 Lenna Nepomnyaschy and Jane Waldfogel, “PaternityLeave and Fathers’ Involvement with Their YoungChildren,” Community, Work and Family 10 (4) (2007):427–453, available at http://blog s.baruch.cuny.edu/worklifespecialtopics/files/2011/01/paternityCWF2007.pdf.

http://www.npr.org/sections/itsallpolitics/2015/07/15/422957640/lots-of-other-countries-mandate-paid-leave-why-not-the-ushttp://www.npr.org/sections/itsallpolitics/2015/07/15/422957640/lots-of-other-countries-mandate-paid-leave-why-not-the-ushttp://www.npr.org/sections/itsallpolitics/2015/07/15/422957640/lots-of-other-countries-mandate-paid-leave-why-not-the-ushttp://www.npr.org/sections/itsallpolitics/2015/07/15/422957640/lots-of-other-countries-mandate-paid-leave-why-not-the-ushttp://www.oecd.org/els/health-systems/47884889.pdfhttp://www.oecd.org/els/health-systems/47884889.pdfhttp://www.ne.su.se/polopoly_fs/1.121047.1359039144!/menu/standard/file/pettersonthoursie_11nov2010_sje.pdfhttp://www.ne.su.se/polopoly_fs/1.121047.1359039144!/menu/standard/file/pettersonthoursie_11nov2010_sje.pdfhttp://www.ne.su.se/polopoly_fs/1.121047.1359039144!/menu/standard/file/pettersonthoursie_11nov2010_sje.pdfhttp://www.bls.gov/ncs/ebs/benefits/2014/ownership/private/table32a.pdfhttp://www.bls.gov/ncs/ebs/benefits/2014/ownership/private/table32a.pdfhttp://www.bls.gov/ncs/ebs/benefits/2014/ownership/private/table32a.pdfhttp://www.dol.gov/whd/fmla/http://www.nationalpartnership.org/issues/work-family/history-of-the-fmla.htmlhttp://www.nationalpartnership.org/issues/work-family/history-of-the-fmla.htmlhttp://www.bls.gov/opub/mlr/1999/10/art2full.pdfhttp://www.bls.gov/opub/mlr/1999/10/art2full.pdfhttp://www.dol.gov/asp/evaluation/fmla/FMLA-2012-Technical-Report.pdfhttp://www.dol.gov/asp/evaluation/fmla/FMLA-2012-Technical-Report.pdfhttp://www.edd.ca.gov/Disability/FAQ_DI_Workers_Compensation.htmhttp://www.edd.ca.gov/Disability/FAQ_DI_Workers_Compensation.htmhttp://www.edd.ca.gov/Disability/FAQ_DI_Workers_Compensation.htmhttp://lwd.dol.state.nj.us/labor/tdi/tdiindex.htmlhttp://www.dlt.ri.gov/tdi/tdifaqs.htmhttp://www.dlt.ri.gov/tdi/tdifaqs.htmhttp://workforcesecurity.doleta.gov/unemploy/pdf/temporary.pdfhttp://workforcesecurity.doleta.gov/unemploy/pdf/temporary.pdfhttp://www.edd.ca.gov/Disability/About_the_State_Disability_Insurance_(SDI)_Program.htmhttp://www.edd.ca.gov/Disability/About_the_State_Disability_Insurance_(SDI)_Program.htmhttp://lwd.dol.state.nj.us/labor/fli/fliindex.htmlhttp://lwd.dol.state.nj.us/labor/fli/fliindex.htmlhttp://www.dlt.ri.gov/tdi/http://www.dlt.ri.gov/tdi/http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C183http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C183http://www.nationalpartnership.org/research-library/work-family/paid-leave/paid-leave-works-in-california-new-jersey-and-rhode-island.pdfhttp://www.nationalpartnership.org/research-library/work-family/paid-leave/paid-leave-works-in-california-new-jersey-and-rhode-island.pdfhttp://www.nationalpartnership.org/research-library/work-family/paid-leave/paid-leave-works-in-california-new-jersey-and-rhode-island.pdfhttp://www.nationalpartnership.org/research-library/work-family/paid-leave/paid-leave-works-in-california-new-jersey-and-rhode-island.pdfhttp://www.sor.govoffice3.com/vertical/sites/%7B3bdd1595-792b-4d20-8d44-626ef05648c7%7D/uploads/paid_family_leave_final.pdfhttp://www.sor.govoffice3.com/vertical/sites/%7B3bdd1595-792b-4d20-8d44-626ef05648c7%7D/uploads/paid_family_leave_final.pdfhttp://www.sor.govoffice3.com/vertical/sites/%7B3bdd1595-792b-4d20-8d44-626ef05648c7%7D/uploads/paid_family_leave_final.pdfhttp://www.sor.govoffice3.com/vertical/sites/%7B3bdd1595-792b-4d20-8d44-626ef05648c7%7D/uploads/paid_family_leave_final.pdfhttp://www.bls.gov/ncs/ebs/benefits/2014/ownership/private/table16a.htmhttp://www.bls.gov/ncs/ebs/benefits/2014/ownership/private/table16a.htmhttps://www.metlife.com/assets/cao/mmi/publications/studies/2011/Caregiving-Costs-to-Working-Caregivers.pdfhttps://www.metlife.com/assets/cao/mmi/publications/studies/2011/Caregiving-Costs-to-Working-Caregivers.pdfhttps://www.metlife.com/assets/cao/mmi/publications/studies/2011/Caregiving-Costs-to-Working-Caregivers.pdfhttp://core.ac.uk/download/pdf/6894424.pdfhttp://core.ac.uk/download/pdf/6894424.pdfhttp://blogs.baruch.cuny.edu/worklifespecialtopics/files/2011/01/paternityCWF2007.pdfhttp://blogs.baruch.cuny.edu/worklifespecialtopics/files/2011/01/paternityCWF2007.pdfhttp://blogs.baruch.cuny.edu/worklifespecialtopics/files/2011/01/paternityCWF2007.pdfhttp://blogs.baruch.cuny.edu/worklifespecialtopics/files/2011/01/paternityCWF2007.pdfhttp://blogs.baruch.cuny.edu/worklifespecialtopics/files/2011/01/paternityCWF2007.pdfhttp://blogs.baruch.cuny.edu/worklifespecialtopics/files/2011/01/paternityCWF2007.pdfhttp://core.ac.uk/download/pdf/6894424.pdfhttp://core.ac.uk/download/pdf/6894424.pdfhttps://www.metlife.com/assets/cao/mmi/publications/studies/2011/Caregiving-Costs-to-Working-Caregivers.pdfhttps://www.metlife.com/assets/cao/mmi/publications/studies/2011/Caregiving-Costs-to-Working-Caregivers.pdfhttps://www.metlife.com/assets/cao/mmi/publications/studies/2011/Caregiving-Costs-to-Working-Caregivers.pdfhttp://www.bls.gov/ncs/ebs/benefits/2014/ownership/private/table16a.htmhttp://www.bls.gov/ncs/ebs/benefits/2014/ownership/private/table16a.htmhttp://www.sor.govoffice3.com/vertical/sites/%7B3bdd1595-792b-4d20-8d44-626ef05648c7%7D/uploads/paid_family_leave_final.pdfhttp://www.sor.govoffice3.com/vertical/sites/%7B3bdd1595-792b-4d20-8d44-626ef05648c7%7D/uploads/paid_family_leave_final.pdfhttp://www.sor.govoffice3.com/vertical/sites/%7B3bdd1595-792b-4d20-8d44-626ef05648c7%7D/uploads/paid_family_leave_final.pdfhttp://www.sor.govoffice3.com/vertical/sites/%7B3bdd1595-792b-4d20-8d44-626ef05648c7%7D/uploads/paid_family_leave_final.pdfhttp://www.nationalpartnership.org/research-library/work-family/paid-leave/paid-leave-works-in-california-new-jersey-and-rhode-island.pdfhttp://www.nationalpartnership.org/research-library/work-family/paid-leave/paid-leave-works-in-california-new-jersey-and-rhode-island.pdfhttp://www.nationalpartnership.org/research-library/work-family/paid-leave/paid-leave-works-in-california-new-jersey-and-rhode-island.pdfhttp://www.nationalpartnership.org/research-library/work-family/paid-leave/paid-leave-works-in-california-new-jersey-and-rhode-island.pdfhttp://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C183http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C183http://www.dlt.ri.gov/tdi/http://www.dlt.ri.gov/tdi/http://lwd.dol.state.nj.us/labor/fli/fliindex.htmlhttp://lwd.dol.state.nj.us/labor/fli/fliindex.htmlhttp://www.edd.ca.gov/Disability/About_the_State_Disability_Insurance_(SDI)_Program.htmhttp://www.edd.ca.gov/Disability/About_the_State_Disability_Insurance_(SDI)_Program.htmhttp://workforcesecurity.doleta.gov/unemploy/pdf/temporary.pdfhttp://workforcesecurity.doleta.gov/unemploy/pdf/temporary.pdfhttp://www.dlt.ri.gov/tdi/tdifaqs.htmhttp://www.dlt.ri.gov/tdi/tdifaqs.htmhttp://lwd.dol.state.nj.us/labor/tdi/tdiindex.htmlhttp://www.edd.ca.gov/Disability/FAQ_DI_Workers_Compensation.htmhttp://www.edd.ca.gov/Disability/FAQ_DI_Workers_Compensation.htmhttp://www.edd.ca.gov/Disability/FAQ_DI_Workers_Compensation.htmhttp://www.dol.gov/asp/evaluation/fmla/FMLA-2012-Technical-Report.pdfhttp://www.dol.gov/asp/evaluation/fmla/FMLA-2012-Technical-Report.pdfhttp://www.bls.gov/opub/mlr/1999/10/art2full.pdfhttp://www.bls.gov/opub/mlr/1999/10/art2full.pdfhttp://www.nationalpartnership.org/issues/work-family/history-of-the-fmla.htmlhttp://www.nationalpartnership.org/issues/work-family/history-of-the-fmla.htmlhttp://www.dol.gov/whd/fmla/http://www.bls.gov/ncs/ebs/benefits/2014/ownership/private/table32a.pdfhttp://www.bls.gov/ncs/ebs/benefits/2014/ownership/private/table32a.pdfhttp://www.bls.gov/ncs/ebs/benefits/2014/ownership/private/table32a.pdfhttp://www.ne.su.se/polopoly_fs/1.121047.1359039144!/menu/standard/file/pettersonthoursie_11nov2010_sje.pdfhttp://www.ne.su.se/polopoly_fs/1.121047.1359039144!/menu/standard/file/pettersonthoursie_11nov2010_sje.pdfhttp://www.ne.su.se/polopoly_fs/1.121047.1359039144!/menu/standard/file/pettersonthoursie_11nov2010_sje.pdfhttp://www.oecd.org/els/health-systems/47884889.pdfhttp://www.oecd.org/els/health-systems/47884889.pdfhttp://www.npr.org/sections/itsallpolitics/2015/07/15/422957640/lots-of-other-countries-mandate-paid-leave-why-not-the-ushttp://www.npr.org/sections/itsallpolitics/2015/07/15/422957640/lots-of-other-countries-mandate-paid-leave-why-not-the-ushttp://www.npr.org/sections/itsallpolitics/2015/07/15/422957640/lots-of-other-countries-mandate-paid-leave-why-not-the-us


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22 Brad Harrington, Fred Van Deusen, and Beth Humberd,“The New Dad: Caring, Committed and Conflicted”(Boston: Boston College Center for Work and Family,2011), available at https://www.bc.edu/content/dam/files/centers/cwf/pdf/FH-Study-Web-2.pdf .

23 Maria del Carmen Huerta and others, “Fathers’ Leave,Fathers’ Involvement and Child Development.” WorkingPaper 140 (Organisation for Economic Co-operationand Development, 2013), available at http://www.oecd-ilibrary.org/docserver/download/5k4dlw9w6czq.pdf?expires=1441034688&id=id&accname=guest&checksum

=2ED1A4AFE6F7E661BA8E59CC331EAC37.

24 Francine D. Blau and Lawrence M. Kahn, “The GenderPay Gap: Have Women Gone as Far as They Can?”, Acad-emy of Management Perspectives 21 (1) (2007): 7–23.

25 The Center for American Progress and the NationalPartnership for Women & Families, “Key Featuresof a Paid Family and Medical Leave Program thatMeets the Needs of Working Families” (Washington:Center for American Progress, 2014), available athttps://www.americanprogress.org/issues/labor/re-port/2014/12/01/102244/key-features-of-a-paid-family-and-medical-leave-program-that-meets-the-needs-of-working-families/.

26 Laura Addati, Naomi Cassirer, and Katherine Gilchrist,“Maternity and paternity at work: Law and practiceacross the world” (Geneva: International Labour Organi-

zation, 2014), available at http://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/docu-ments/publication/wcms_242615.pdf .

27 Ibid.

28 Ibid.

29 Ibid.

30 Ibid.

31 Ibid.

32 Bureau of Labor Statistics, “Table 32. Leave benefits: Ac-cess, private industry workers, National CompensationSurvey, March 2014.”

33 Peter Harbage, “Too Sick for Health Care: How Insurers

Limit and Deny Care in the Individual Health InsuranceMarket” (Washington: Center for American Progress,2009), available at https://cdn.americanprogress.org/wp-content/uploads/issues/2009/07/pdf/too_sick.pdf .

34 Addati, Cassirer, and Gilchrist, “Maternity and paternityat work.”

35 Social Security Administration, “Social Security: ASnapshot” (2014), available at http://ssa.gov/pubs/EN-05-10006.pdf .

36 One option for a national paid family and medical leaveprogram that CAP has previously explored and devel-oped would be to create a social insurance programsimilar to the programs currently in place in California,New Jersey, and Rhode Island. This plan, originallyproposed and developed by CAP ’s former Economistand current Senior Fellow Heather Boushey, is to create

a national social insurance program that would be ad-ministered through the Social Security Administrationand funded through a small payroll tax split betweenemployers and employees. Originally called “Social Se-curity Cares,” this concept has been explained in detailin a number of reports published through the Centerfor American Progress and proposed in Congress asthe Family and Medical I nsurance Leave Act, or FAMILYAct. Under this proposal, workers would be able to takeleave for the same conditions covered under the Family

and Medical Leave Act—namely, to care for a new childor seriously ill family member or to recover from theirown serious health condition. Qualifying leave-takerswould receive two-thirds of their normal wages up toa cap of $1,000 per week. In order to be eligible for theprogram, an individual would need to meet the age-adjusted work history requirements that determineeligibility for Social Security Disability Insurance andwould need to have had taxable earnings in the previ-ous year. See H eather Boushey, “Helping BreadwinnersWhen It Can’t Wait: A Progressive Program for FamilyLeave Insurance” (Washington: Center for American

Progress, 2009), available at https://www.american-progress.org/issues/labor/report/2009/06/08/6200/helping-breadwinners-when-it-cant-wait/. The creationof a social insurance program administered in this wayremains a viable option with a number of benefits,including administrative efficiency and low per-personcosts, but additional options exist as well.

37 Australian Government Department of Social Services,“Families and Children: Paid Parental Leave scheme,”available at https://www.dss.gov.au/our-responsibili-ties/families-and-children/programmes-services/paid-parental-leave-scheme (last accessed September 2015).

38 Australian Government Department of HumanServices, “Budget 2013-14: Family Payments Reform- replacing the Baby Bonus,” available at http://www.humanservices.gov.au/corporate/publications-and-resources/budget/1314/measures/families/48-15254

(last accessed September 2015).

39 Australian Government Department of Human Ser-vices, “Employers providing Parental Leave Pay,” avail-able at http://www.humanservices.gov.au/business/services/centrelink/paid-parental-leave-scheme-for-employers/providing-parental-leave-pay (last accessedSeptember 2015).

40 State of California Employment DevelopmentDepartment, “About the State Disability InsuranceProgram”; State of New Jersey Department of Laborand Workforce Development, “Family Leave Insurance”;Rhode Island Department of Labor and Training,“Temporary Disability Insurance / Temporary CaregiverInsurance.” This includes illnesses and injuries incurredoutside work. Medical conditions that are the resultof workplace injuries are addressed through workers’compensation, which is mandatory for most employ-

ers in all states but Texas. See National Federation ofIndependent Business, “Workers’ Compensation Laws- State by State,” available at http://www.nfib.com/article/workers-compensation-laws-state-by-state-comparison-57181/ (last accessed September 2015).

41 Social Security Administration, “Social Security: Dis-ability Benefits” (2015), available at http://ssa.gov/pubs/EN-05-10029.pdf.

42 Medical certification is accepted from: “Licensed medi-cal or osteopathic physician/practitioners; Authorizedmedical officer of a U.S. Government facility; Chiroprac-tor; Podiatrist; Optometrist; Dentist; Psychologist; NursePractitioner after examination and collaboration withphysician and/or surgeon; Licensed midwife, nurse-midwife, or nurse-practitioner for normal pregnancyor childbirth; Accredited religious practitioner” in orderto claim benefits. See State of California Employment

Development Department, “Basics for Physicians-Prac-titioners,” available at http://www.edd.ca.gov/disability/Basics_for_Physicians-Practitioners.htm (last accessedSeptember 2015).

43 State of California Employment Development Depart-ment, “Report Fraud,” available at http://www.edd.ca.gov/Disability/Report_Fraud.htm (last accessedSeptember 2015).

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44 State of California Employment Development Depart-ment, “Becoming an Independent Medical Examiner,”available at http://www.edd.ca.gov/Disability/Becom-ing_an_Independent_Medical_Examiner.htm (lastaccessed September 2015).

45 Wage and Hour Division, Fact Sheet #28G: Certification ofa Serious Health Condition under the Family and MedicalLeave Act (U.S. Department of Labor, 2013), available athttp://www.dol.gov/whd/regs/compliance/whdfs28g.pdf.

46 Ibid.

47 Insurance Information Institute, “Workers Compensa-tion,” April 2015, available at http://www.iii.org/issue-update/workers-compensation.

48 This is clearly a two-way street. A state may decideacceptable program eligibility rules first and then seekout a data source that provides the necessary informa-tion, or it can survey the information available and crafteligibility criteria based on the data that are readilyavailable.

49 Rhode Island Department of Labor and Training,“Temporary Disability Insurance / Temporary CaregiverInsurance: Frequently Asked Question.”

50 Ibid.

51 Julie M. Whittaker and Katelin P. Isaacs, “UnemploymentInsurance: Programs and Benefits” (Washington: Con-gressional Research Service, 2014), available at https://www.fas.org/sgp/crs/misc/RL33362.pdf.

52 State of California Employment Development Depart-ment, “Disability Insurance (DI) and Paid Family Leave(PFL) Eligibility,” available at http://www.edd.ca.gov/Disability/State_Disability_Insurance_(SDI)_Eligibility.htm (last accessed September 2015).

53 Administration for Children and Families, A Guide tothe National Directory of New Hires (U.S. Departmentof Health and Human S ervices, 2015), available athttps://www.acf.hhs.gov/sites/default/files/programs/css/a_guide_to_the_national_directory_of_new_hires.pdf.

54 Workers in Alaska, Florida, Nevada, New Hampshire,

South Dakota, Tennessee, Texas, Washington, andWyoming are not required to pay state taxes on earn-ings. See TurboTax AnswerXchange, “Which states don’tcollect income tax?”, available at https://ttlc.intuit.com/questions/1901267-which-states-don-t-collect-income-tax (last accessed September 2015).

55 Internal Revenue Service, “IRS Information SharingPrograms,” available at http://www.irs.gov/Govern-ment-Entities/Governmental-Liaisons/IRS-Information-Sharing-Programs (last accessed September 2015).

56 While employers do file payroll taxes and relatedpayroll information more frequently than once per year,these data are reported in the aggregate and n ot at theindividual level. In other words, employers report theirtotal payroll and tax liability to the Internal RevenueService and state taxing authorities on at least a quar-terly basis but not broken down and identified for each

employee. See Internal Revenue Service, “Depositingand Reporting Employment Taxes,” available at http://www.irs.gov/Businesses/Small-Businesses-&-Self-Em-ployed/Depositing-and-Reporting-Employment-Taxes (last accessed September 2015).

57 U.S. Department of Agriculture, Electronic BenefitsTransfer (EBT) Status Report by State (2015), availableat http://www.fns.usda.gov/sites/default/files/snap/electronic-benefits-transfer-ebt-status-report-state.pdf .

58 Lauren K. Saunders and Jillian McLaughlin, “2013Survey of Unemployment Prepaid Cards: States SaveWorkers Millions in Fees; Thumbs Down on RestrictingChoice” (Washington: National Consumer Law Center,2013), available at https://www.nclc.org/images/pdf/pr-reports/report-prepaid-card-2013.pdf.

59 Electronic Fund Transfer Act , H. Rept. 14279, 95 Cong.2 sess. (Government Printing Office, 1978), avail-able at http://www.federalreserve.gov/boarddocs/caletters/2008/0807/08-07_attachment.pdf .

60 Saunders and McLaughlin, “2013 Survey of Unemploy-ment Prepaid Cards: States Save Workers Millions inFees; Thumbs Down on Restricting Choice.”

61 Federal Deposit Insurance Corporation, “2013 FDICNational Survey of Unbanked and UnderbankedHouseholds,” available at https://www.fdic.gov/house-holdsurvey/ (last accessed September 2015).

62 Rhode Island Department of Labor and Training,“Electronic Payment Card Program: Disclosure State-ment and User Agreement,” available at http://www.dlt.ri.gov/ui/epcDisclosure.htm (last accessed September2015).

63 Ibid.; State of California Employment Development De-partment, “The EDD Debit Card: About the EDD DebitCard,” available at http://www.edd.ca.gov/About_EDD/

The_EDD_Debit_Card.htm#AboutTheEDDDebitCard

(last accessed September 2015); State of New JerseyDepartment of Labor and Workforce Development,“Labor Department Expands Debi

Documents

State Paid Leave Administration