Human Rights Watch: U.S. is Failing Its Families

What do Papua New Guinea, Swaziland and the United States have in common?  They are the only countries in the world that have no national law requiring paid leave for new parents. 

According to a report issued last week by New York-based Human Rights Watch (HRW), “Policies like paid family leave can boost productivity, reduce turnover costs, and promote public health.” 

The US does not have such a policy.  HRW says we are failing our families with this lack of paid leave and a weak support system for parents in the work-place, stating that “Millions of US workers—including parents of newborn or adopted children—are suffering health, financial, and career damage from weak work-family policies. US laws include virtually no guarantees of paid family leave or sick days, deprive many workers of support for pumping breast milk at work, and largely ignore discrimination on the basis of family care-giving responsibilities.” 

What kind of a job do Ellicott City employers do in offering parental leave?  Some offer more than others, but most are still on par with the rest of the country – that is, behind the rest of the world. 

Of the eight largest employers in Ellicott City, three responded to Patch.com’s request for information:

• Kathy Swanson of Arc of Howard County explains that the advocacy organization follows “exactly what the federal law says.”  Because the organization is always open, employees have “a lot of vacation time” according to Swanson.  They are allowed to use their vacation time during their leave in order to get paid. 

• Similarly, Turf Valley considers itself a family friendly employer according to Regina Ford, Director of Marketing. She explained a similar situation to that at Arc.  “Turf Valley follows the FMLA and employees can take 12 weeks either unpaid or using their vacation or sick days.” 

• Kevin J. Enright, Director in the Office of Public Information for Howard County Government reports that employees of our local government also receive the required 12 weeks, paid as “up to the amount of vacation, personal, sick, and comp time the employee has.   If the employee runs out of accrued leave before 12 weeks are up, the remaining time is unpaid.  If an employee wants to take more than 12 weeks under FMLA, a request for a leave of absence is necessary.  If approved it can be up to 12 months.” 

• The largest employer in Ellicott City is also the largest employer in Howard County; the Howard County Public School System (HCPSS).  HCPSS also follows the FMLA requirements, but specifies that employees are only eligible if they have been employed by HCPSS for “at least 12 months during the 12-month period immediately preceding the commencement of the leave.”  HCPSS also allows an employee to use annual leave or personal leave towards paid leave during this time, if approved.  Additional time within the 12 weeks would be unpaid. 

At least 178 countries in the world have a national law guaranteeing paid leave for new mothers, and more than 50 guarantee paid leave for new fathers. In nine other countries the current situation is not clear. 

According the HRW, developed countries in the Organization for Economic Co-Operation and Development (OECD) provide an average of 18 weeks of maternity leave, of which an average of 13 are paid 100 percent.  A McGill/Northeastern study found that 101 countries offer 14 weeks or more paid leave for new mothers, and 29 guaranteed one year or more. 

In many countries, combined paternity and parental leaves are quite substantial. For example, Austria, the Czech Republic, France, Germany and Sweden guarantee one year or more of paid leave for fathers. 

Thirty-one countries offer 14 or more weeks of paid leave to new fathers.  HRW notes that “these paid leave programs offer cost-effective support at critical times, without consuming disproportionate public resources. Public expenditures on maternity leave amount to an average of just 0.3 percent of GDP in countries in the European Union and OECD.” 

The US’s federal Family and Medical Leave Act (FMLA) allows for up to 12 weeks of unpaid leave for the birth or adoption of a child.  According to HRW, almost half of the US workforce is not eligible for FMLA’s protections, and among those who are, many cannot afford unpaid leave. 

At the state level, only New Jersey and California have their own paid family leave programs.  Both offer six weeks of partially paid leave to workers with new babies. 

The FMLA establishes minimum guidelines.  However, it is up to individual employers to offer leave or pay beyond that, and some do.  

HRW notes that “by neglecting paid family leave and other work-family supports, the US is missing out on increased productivity, reduced turnover costs, health care cost savings, and other gains seen in countries with such policies.” 

Human Rights Watch’s full-length report, Failing its Families: Lack of Paid Leave and Work-Family Supports in the US, is available here.