By Rachel Dahneke
California, known for its shattering earthquakes, is now causing a new type of aftershock with groundbreaking legislation rippling past state borders.
Signing the first bill of its kind, Gov. Gray Davis approved a comprehensive paid family leave law as part of a state insurance program.
The Family Leave Bill allows workers to receive 55 percent of their pay for up to six weeks to care for a newborn or look after a seriously ill child, parent, spouse or domestic partner.
“Californians should never have to make the choice between being good workers and being good parents,” Davis said.
And that sentiment is being echoed throughout the nation.
According to the National Partnership for Women and Families, an advocacy group based in Washington D.C., 28 states have introduced some type of paid family leave legislation. Five more have passed funding to research the costs of how effective a similar program implemented in their state would be.
Russ Lopez, spokesman for Davis, said this is the most aggressive approach to paid family leave in the United States.
“California leads the nation in a lot of things,” Lopez said. “Things we do really resonate, not only in the nation, but worldwide.”
But in wondering if Utah will follow suit, Rep. Carl Saunders, R-Ogden, chair of Health and Human Services, said nothing is on the plate for this year”s legislation session.
“It”s pretty much a California initiative, and those things have a tendency to spread sometimes,” Saunders said. “They”ve done things others are reluctant to do and when California does it, other states follow.”
Lopez said California will be closely watched by other states, especially since the bill did not come without controversy.
“Many businesses do not like it. They think it”ll put them out of business and put economic pressure on them,” he said.
But after watering the bill down and making amendments to shift the financial burden off the employers and onto the employees, Lopez said the bill was finally ready.
The initiative, funded entirely by employees, will cost the average worker $27 a year and for those earning more than $70,000 annually, or $70 a year.
The paycheck reimburses employees up to $728 a week.
Davis signed the bill Sept. 23, and it will go into effect July 1, 2004. About 13 million of California”s 16 million workers will be eligible.
On the federal level, The Family and Medical Leave Act of 1993 has guaranteed workers to receive 12 weeks of unpaid leave when a new baby arrives or medical crisis strikes. But results of a study done by the U.S. Department of Labor, show the FMLA is not effective. Three of every four employees who have needed to take family leave, have not because they could not afford it.
“Who can afford to go without a paycheck, especially when we”re experiencing economic downfall,” Lopez asked.
In order to qualify for the state”s paid leave, California employees must prove that no one at the home is capable of handling the situation. Workers also have a one-week waiting period before they can apply for the program, and employers can require employees to use up to two weeks of unused vacation time before receiving the new bill”s benefits.
The law also states that businesses with fewer than 50 employees are not required to hold the job for the worker who goes on family leave.
Although labor unions and advocacy groups hail the new law, businesses are expressing their concern for the hidden costs. Such costs would include training replacements, paying remaining workers overtime and losing productivity.
