Our Working Nation in 2013

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Our Working Nation in 2013

An Updated National Agenda for Work and Family Policies

Heather Boushey, Ann OLeary, and Sarah Jane Glynn February 2013

WWW.AMERICANPROGRESS.O


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Our Working Nation in 2013An Updated National Agenda for Work and Family Policies

Heather Boushey, Ann OLeary, and Sarah Jane Glynn February 2013


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1 A call to action

5 Introduction and summary

11 Improving basic labor standards

41 Improving basic family-friendly fairness in the workplac

48 Direct support for caregiving

56 Improving information on family-friendly workplace po

60 Conclusion

62 About the authors and Acknowledgements

65 Endnotes

Contents


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1 Center or American Progress | Our Working Nation in 2013

A call to action

Tree years ago he Cener or American Progress laid ou an agenda ha pu policies

addressing our naions new workplace and amily dynamics a he hear o a progres-

sive domesic and economic policy plaorm. Tis repor updaes ha agenda, recog-

nizing he progress weve made, as well as he work we have ye o do. Our economy

canno grow along a susainable pah i workers do no have he wherewihal o be

boh producive conribuors o he economy and careakers o heir amilies.

Tis agenda could no be more urgen or more poliically poen. In November 2012Presiden Barack Obama won re-elecion in no small par because his message was

compelling o women, young voers, and people o color. In ac, women voed or

Presiden Obama by a healhy margin, wih especially srong suppor coming rom

single women, young women, and mohers. A he same ime, voers have sen he

mos diverse Congress o Washingon, including 20 women in he Senae.

Te adminisraions suppor or policies ha help bolser working amilies eco-

nomic securiysuch as pay equiy and earned sick daysalong wih he suppor

rom many progressive candidaes around he counry made a dierence in he

elecion. Naional polling shows ha he same groups who suppored Presiden

Obama mos srongly and helped him win he elecionyoung people, people o

color, and womenare also he voers ha show he sronges suppor or legisla-

ive acion around work-amily policies.

Te Our Working Naion agenda addressed he realiy ha our naion has ye o

adap o hree proound ransormaions in our economy. Firs, women now make

up hal o all workers in he Unied Saesa hreshold never beore reached in

he hisory o our naion. Second, mohers are now he primary breadwinners

making as much or more han heir spouse, or doing i all on heir ownin nearly4 in 10 amilies. And hird, wo-hirds o mohers are eiher breadwinners or

co-breadwinners, bringing in a leas one-quarer o heir amilys income. While

women o color and lower-income women have always worked in subsanial


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numbers, he pas ew decades have shown sriking increases in womens work

across racial and income groups.

Bu is no only our workorce ha has changed. Te very makeup o our amilies

oday is dramaically dieren han i was in he mid-1970s, when women began

enering he workorce or he rs ime in larger numbers. In 1975 nearly hal oamilies wih children consised o a male breadwinner and a emale homemaker.

oday ha number is jus one in ve. Moreover, in 1975 single-paren households

made up only 1 in 10 o our amilies wih children. oday, however, one in ve o

our amilies wih children are single-paren households, and hal o all birhs o

women under he age o 30 are o single mohers.

Tese socieal ransormaions are a he core o our economy and our amilies.

Te Grea Recession has exacerbaed and brough ino sharp relie he imporan

role o womens employmen in amily economic well-being. Over he course

o he recession, he imporance o womens jobs o he household budge wasunderscored. Bu even as unemploymen has allen, he sharp budge cus a he

sae and local level, combined wih an appeie or even more cus a he ederal

level, pus amily economic well-being a risk. Now more han ever we need o

make sure ha we have in place he baske o policies ha allow mohers, ahers,

daughers, sons, and spouses o know heir amily members are in good care while

hey are a work or ha allow hem o be home wih a loved one in a ime o sick-

ness or upon he joyul arrival o a new child.

Te pas ew years have seen enormous srides oward a progressive agenda ha

adaps o his new realiy. In early 2010 he Whie House held is rs-ever summi

on workplace exibiliy, which brough ogeher more han 100 expers o discuss

he challenges o work and amily, and ha same year he Presidens Council o

Economic Advisers released a repor examining he economics o workplace ex-

ibiliy. In he spring o 2011, Connecicu became he rs sae o pass ino law a bill

giving workers he righ o earn paid sick days. Te ciies o Seatle and Philadelphia

ollowed sui, alhough Philadelphias mayor veoed he bill. Tere are currenly

acive paid sick days campaigns in ciies and saes across he counry, and Presiden

Obama has pledged his suppor o he Healhy Families Ac, which would allow

workers naionwide o earn up o seven paid sick days each year.

Bu here is sill more o do. Tis repor lays ou a comprehensive agenda ha pus

amily economic well-being a he core o a progressive agenda. We ocus on our

key areas where we believe we need o make he mos imporan changes:


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Updaing basic labor sandards o accoun or he ac ha mos workers also

have amily responsibiliies by insiuing predicable and exible workplace

schedules, ensuring ha workers have access o paid amily and medical leave,

and esablishing he righ o earned paid sick days or all workers

Improving basic airness in our workplace by ending discriminaion agains allworkers, including pregnan women and caregivers

Providing direc suppor o working amilies wih child care and elder care needs

Improving our knowledge abou amily responsive workplace policies by col-

lecing naional daa on work-lie policies oered by employers and analyzing

he eeciveness o exising sae and local policies

Tis is a popular and doable agenda. Men and women o all poliical sripes are

unied in heir desire o see he governmen and business updae workplace policiesin response o he needs o odays workers and amilies. In a biparisan poll con-

duced on Elecion Day his pas November or he Naional Parnership or Women

and Families, voers across pary lines repored ha hey are experiencing hardship

in meeing work, amily, and personal responsibiliies and overwhelmingly have a

desire or he presiden and Congress o address hese issues. In ac, 73 percen o

Republicans, 87 percen o Independens, and 96 percen o Democras said con-

gressional and presidenial atenion o amily-riendly policies is imporan.

Tese issues are a he core o our economy, as well as our naions amilies. Tey

are essenial o growing our economy rom he middle ou and ensuring ha we

sake our economic uure on a susainable pah. Te skills and produciviy o

he nex generaion o workers hinges on he policies we have in place or odays

working paren. Families are more economically sable and heir children are

beter able o hrive when workers have access o workplace exibiliy, paid amily

leave, and caregiving suppor. And hese kinds o policies are good or business, as

many business owners have ound.

Bu businesses need o be nudged in he righ direcion, and we need o level he

playing eld. Our Working Naion provides concree ways ha governmen a alllevels, as well as privae employers, can move his agenda orward.

While he Obama adminisraion has highlighed hese issues, hey can push his

agenda orward by using he power o he execuive branch o incorporae his


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ino he rules governing ederal conracors. And hey could do more o suppor

Congress and he saes, who need encouragemen o move orward on an agenda

o ensure ha every worker is reed rom worry abou losing heir job or needed

income when hey require ime o o care or a loved one or when hey or heir

amily member is ill.

For decades, business associaions have old us ha implemening his agenda jus

isn possible. Evidence rom Caliornia has shown he posiive impacs paid am-

ily and medical leave insurance has on employee reenion and a litle o no cos

o businesses, while daa rom San Francisco and emerging daa rom Connecicu

and Seatle proves ha earned sick days are no he job killer hey have been

porrayed o be. No only have we seen he proo rom orward-hinking busi-

nesses, saes, and localiies, we have also seen new organizaions o business

ownerssuch as he Small Business Majoriy and Mainsree Alliancerise up

and suppor his agenda. Tey have old us ha his can be done and can be good

or economic growh.

Our Working Naion is a call o acion. I is a call o ocus on he realiy ha

o build a srong economy, we mus begin a he inersecion beween work and

home. Our amilies have already changed, and here is no indicaion ha we are

going o reurn o he days when mos women sayed home ull ime. Our amilies,

our workplaces, and our economy wri large depend upon us recognizing hese

seismic shis and responding accordingly.

Neera anden, President and CEO of the Center for American Progress


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Introduction and summary

In Ocober 2009 he Cener or American Progress eamed up wih hen-Firs

Lady o Caliornia Maria Shriver o release Te Shriver Repor: A Womans

Naion Changes Everyhing.1 A Womans Naion provided a comprehensive look

a how our social insiuionsrom governmen o businesses o aih-based

insiuionshad responded o womens enry ino he workorce a a ime when

women had jus become hal o he workers in he Unied Saes. Following on he

heels o ha repor, in early 2010 he Cener or American Progress released Our

Working Naion: How Working Women Are Reshaping Americas Families andEconomy and Wha I Means or Policymakers,2 which provided a road map or

policymakers o address he oudaed and aniquaed ways in which our govern-

men and our employers rea workers.

Since he release o our repor, Presiden Barack Obama and his adminisraion have

successully used he bully pulpi o bring atenion o he need or greaer workplace

exibiliy. Te presiden and rs lady hosed a Whie House Flexibiliy Forum in

March 2010, releasing a Council o Economic Advisers repor on he economics o

workplace exibiliy.3 Te Womens Bureau o he Deparmen o Labor, ogeher

wih he Whie House Council on Women and Girls, ollowed up by hosing

regional orums across he counry as par o a Naional Dialogue on Workplace

Flexibiliy.4 And he Senae also used is megaphone by hosing a hearing on he

issue o how o help he middle class balance work and amily. Bu apar rom raising

awareness and raming he issue, here has been no acion a he naional level o

updae basic labor sandards or improve workplace airness hrough legislaive or

adminisraive policies ha would beter suppor workers who are responsible or

boh earning he amily income and providing care o amily members.

Ta is why as Presiden Obama eners his second erm and as he 113h Congressconveneswih hisoric numbers o women memberswe have decided o re-

release Our Working Naion. I is a road map o how we can updae our workplace

policies o ully include women and men who combine work wih amily care. We have

updaed he repor wih new daa and a resh look a how hese changes can be made.


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Te world changed dramaically over he course o he 20h cenury, and he move-

men o women ou o he home and ino he paid labor orce sands ou as one o

he mos imporan ransormaions o American workers and amilies. Women

are now hal o all workers on U.S payrolls. Te majoriy o mohers are employed

ouside he home. Mos mohers are employed ull ime, and hey are making

signican conribuions o he amily income. wo-hirds o mohers are bringinghome a leas a quarer o he amilys earnings, and 4 in 10 mohers are eiher he

sole breadwinner (a single, working moher) or are bringing home as much or more

han heir spouse.5 (see Figure 1) Tis increase in womens workorce paricipaion

and conribuion o he amily income has been dramaic across all racial and class

lines, bu is paricularly sriking among low-income women who are now primary

breadwinners in approximaely wo-hirds o heir amilies.6

Te movemen o women ino paid employmen has ransormed how we work

and live. Ye governmen, business, educaional, and oher social insiuions all

around us are no keeping pace. Consider hese everyday realiies aced by so manyamilies across he naion:

Inside he home, he major-

iy o amilies no longer have

someone o deal wih lies

everyday humdrum deails or

emergenciesrom helping

he kids wih homework o

doing he grocery shopping, or

rom being home or a sud-

den home repair emergency

o picking up a sick child rom

school or aking an ailing par-

en o he docor.

Workplaces are no longer he

domain o men: Women are hal

(49.3 percen) o employees

on employers payrolls.7 While

mos men and women con-inue o work in dieren kinds

o jobs, mos workers under

40 oday have never known

a workplace wihou women

FIGURE 1

Share of mothers who are breadwinners or co-breadwinners, 196

to 2010

1967

0

10%

20%

30%

40%

50%

60%

70%

80%

1969

1971

1973

1975

1977

1979

1981

1983

1985

1987

1989

1991

1993

1995

1997

1999

2001

2003

2005

2007

2009

Co-breadwinner mothers

Breadwinner mothers

11.7%

16% 41.4%

22.5%

Source: Heather Boushey and J ef Chapmans analysis o Miriam King, Steven Ruggles, Trent Alexander, Donna Leicach, and Ma

Sobek. Integrated Public Use Microdata Series, Current Population Survey: Version 2.0. [Machine-readable database]. MinneapoMN: Minnesota Population Center [producer and distributor], 2009.

Notes: Breadwinner mothers include single mothers who work and married mothers who earn as much or more than their

husbands. Co-breadwinners are wives who bring home at least 25 percent o the couples earnings, but less than hal. The datainclude amilies with a mother who is between the ages o 18 and 60 and who has children under age 18 living with her.


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bosses and women colleagues. Ye he vas majoriy o workplaces are sill srucured

as hough all workers have a say-a-home spouse o deal wih amily needs.

Schools sill le children ou in he aernoon long beore he workday ends and close

or hree monhs during he summereven hough he majoriy o amilies wih

children are comprised o eiher a single working paren or a dual-earning couple.

Mos workersmen and womennow have amily responsibiliies ha hey

mus negoiae wih heir spouses, amily members, bosses, colleagues, and

employees, as well as he insiuions around hem, such as he child care cener

or a docors ofce ha doesn have evening or weekend hourseven hough so

many people work all kinds o hours in our 24/7 economy.8 Tese responsibiliies

include no only caring or children bu increasingly caring or an aging genera-

ion as well. Ye many workers have litle power in negoiaing heir schedules wih

heir employer, especially in nonunion setings.

Te ederal governmen has no updaed is policies o aid amilies o reec

hese new realiies in he workplace and in he home. And he laws we do have

on he bookshe provision o unpaid, job-proeced leave oered by he

Family and Medical Leave Ac and he prohibiion agains sex discriminaion

under ile VII o he Civil Righs Acdon ully mee he needs o odays

workers, especially lower-income workers.9 Sae and local governmens have

made some progress in updaing heir laws o address hese problems. Since

our previous repor, one sae (Connecicu) and one ciy (Seatle) enaced

laws requiring employers o oer a minimum amoun o earned sick ime, 10 bu

hese laws cover only approximaely 3 percen o he U.S. labor orce, and he

progress is slow in expanding o oher jurisdicions.11

Updaing our naions labor sandards is one o he mos signican policy

challenges o he 21s cenury. Policymakers need o re-evaluae he values and

assumpions underlying our naions workplace policies o ensure ha hey reec

he acualno oudaed or imaginedways ha amilies work and care or heir

loved ones oday. Tis agenda is even more criical in his ime o susained unem-

ploymen and budge cubacks. In order o ge our economy back on rack we

need o make sure ha workers can ully paricipae in he labor orce, and decadeso research show ha policies ha updae labor sandards can do jus ha.

Decades ago, he mos common amily consised o a breadwinner husband and

a say-a-home wie. (see Figure 2) While even hen ha did no describe he


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majoriy o amiliesand amilies o color have long been more

likely o have working mohersnow, his is no even he mos

common ype o amily. Insead, here is a owering o a variey

o kinds o amilies. Te marriage rae is currenly a he lowes

poin in is recorded hisory; women and men who do marry

are doing so laer in lie han ever beore; and divorce remainsa seady presence in he lives o many amilies.12 Single parens

head more han one in ve amilies wih children, and more han

hal o birhs o women under age 30 are o single mohers.13 Tis

poses challenges or policymakers who mus cra policies ha

mee he needs o all hese kinds o amilies, no only he minor-

iy o amilies ha look like radiional amilies.

Perhaps one o he bigges underrepored implicaions o his

ransormaion is he impac on men. While he oreelling o

he end o men is atenion grabbing and hough provoking,he ruh is ha while gender roles have changed dramaically

over he course o he pas 40 years, he insiuions around us

coninue o presume ha mos workers have a say-a-home

caregiver.14 Mens lives oday do no look like he lives o heir

ahers, bu his does no mean ha women are now he ones on

op. No longer do men always bear he ull burden o earning he

majoriy o he amilys nances, bu hey are now more likely

o haveand wano ake ime o work o atend o heir

amily. Wih mos mohers conribuing o he amilys budge,

here are relaively ew amilies wih a ull-ime say-a-home

wie. Men and women are now le o negoiae he challenges o

work-amily conic, such as who will go in o work lae o ake

an elderly amily member o he docor or say home wih a sick

child. Given his, i comes as no surprise ha men in dual-earner

couples oday are more likely han women o repor experiencing

work-amily conic.15

In he Unied Saes our policies more oen han no implicily

assume ha amilies have someone a home ha provides careand can deal wih school hours ha are inconsisen wih work-

day paterns or hospials ha send home recovering paiens who

need assisance. Many o our workplaces pu no limis on manda-

ory overime, do no require employers o provide predicable

FIGURE 2

Changes in family structure and wo

families with children under age 18

1975 and 2011

Source: Bureau o Labor Statistics, Economic News Release: Table 4.

with own children: Employment status o parents by age o youngechild and amily type, 2010-11 annual averages; Bureau o L abor Sta

Indicator 18: Parents Employment, Employment status o parents wchildren under 18 years old, by type o amily: 1975 to 1993.

31.1%

39.8%

20.7%

31.1%

4.7%

22%

9.9%

3%

5.1%

2.8%

8.8%

7.3%

1975 2011

Married, dual earner

Marrried, traditional (only husband employed)

Marrried, non-traditional (only wife employed)

Married, both parents unemployed

Single parent, employed

Single parent, unemployed


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schedules, and discipline employees or even asking o alk wih heir employer

abou he kinds o workplace exibiliy hey need o cope wih he complexiies o

modern amily lie. Tis is no way o run an economy and care or he nex genera-

ion o Americans.

Americans are hungry or change. In a biparisan poll conduced on ElecionDay in November or he Naional Parnership or Women and Families, voers

across pary lines repored ha hey are experiencing hardship in meeing work,

amily, and personal responsibiliies, and overwhelmingly have a desire or he

presiden and Congress o address hese issues. In ac, 73 percen o Republicans,

87 percen o Independens, and 96 percen o Democras said congressional and

presidenial atenion o amily-riendly policies is imporan.16

Tis repor oulines a policy agenda ha addresses he needs o odays workers and

amilies as hey really are, no as we imagine hem o be. Te agenda is inclusive and

ocuses on policies ha we believe have he mos poliical saliency and or whichadvocaes can build a broad coaliion o suppor. Te policy agenda laid ou here

explicily ocuses on ensuring ha workers rom across he income sraa and in all

kinds o amilies can make use o hese policies and ha he agenda will lead o a

marked improvemen in he abiliy o amilies o manage work-amily conic.17 Bu

while his repor oulines key policies, i is no an exhausive lis. We ocus on our

key areas where we believe we need o make he mos imporan changes:

Updaing basic labor sandards o accoun or he ac ha mos workers also

have amily responsibiliies by insiuing predicable and exible workplace

schedules, ensuring ha workers have access o paid amily and medical leave,

and esablishing he righ o earned sick ime days or all workers

Improving basic airness in our workplace by ending discriminaion agains all

workers, including pregnan women and caregivers

Providing direc suppor o working amilies wih child care and elder care needs

Improving our knowledge abou amily responsive workplace policies by col-

lecing naional daa on work-lie policies oered by employers and analyzinghe eeciveness o exising sae and local policies

Tese recommendaions are no jus good policy; hey are good poliics. Tey

have a broad, cross-cuting base o suppor and can be craed o work or work-


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ers in all kinds o amiliessingle and married parens, as well as hose workers

wihou children who have oher amily responsibiliies such as caring or aging

parensand would bene no only proessional workers bu middle-and low-

income workers as well.

Voers in Connecicu eleced Gov. Dan Malloy (D) parly based on his supporo earned sick ime legislaionlegislaion ha he signed ino law in 2011and

naional candidaes seem o believe hese issues will garner hem voes as well.18 In

an inernal analysis o he 2012 elecions, he Cener or American Progress looked

a which candidaes ocused on policies o address work-amily conic in heir cam-

paigns, as measured by voicing suppor or such policies on heir campaign websie.

We ound among candidaes in races dened as compeiive by he Cook Poliical

Repor, ha hose who voiced suppor or hese issues were more likely o win heir

race, alhough he resul was no saisically signican.19 Combined wih polling on

he publics suppor or hese issue, his shows ha suppor or an agenda ha helps

amilies in heir daily lives could be compelling a he ballo box.

Some will quesion wheher his is he righ ime o address hese issues, given

ha he U.S. unemploymen rae coninues o hover a jus below 8 percen. For

employers, one o he key ndings rom research over he pas ew decades has

been ha ailing o address work-amily conic hampers produciviy, primarily

hrough increasing cosly employee urnover. Higher employmen raes can help

boos ax revenues, which in urn can help pay or he kinds o suppors ha work-

ing amilies need o care or heir amilies. Wha employers need o recognize is

ha he worker wih care responsibiliies or he need or exibiliy is no longer he

excepion, bu is now he rule. Managemen syles ha can rise o he challenge o

nding workable soluions o his problem will see he benes in he botom line.

Tis agenda lays ou a vision ha addresses a challenge ha has been a hal-

cenury in he making. We hope hese progressive recommendaions will help

policymakers see he wisdom and poliical saliency o enacing reorms ha mach

he needs o our workplaces wih he needs o our amilies. We can improve our

economys produciviy, our businesses global economic compeiiveness, and

our socieys abiliy o care or our children, our sick, and our elderly. Tese are

21s-cenury reorms ha simply mus be enaced.


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Improving basic labor standards

odays basic labor sandards and governmen incenives or privae-secor

employers o oer good benes are no ye adequae o mee he needs o odays

workers who mus, mos oen by necessiy, combine work and amily responsi-

biliies in so many dierensomeimes impossibleways. I says somehing

abou our paricular culural momen when a magazine aricle abou wheher or

no women can have i all ouches o a media resorm.20 While having con-

versaions abou he difculies o managing he dual responsibiliies o work and

caregiving is an imporan rs sep, hese are, in ac, no personal roubles haeach amily mus nd a way o manage on is own. Raher hey are public issues

ha aec our enire sociey and economy.

Workplace labor sandards and benes were buil around he assumpion ha work-

ers were breadwinners who had someone a home o ake care o any maters relaed

o he amily. Ta simply isn he case oday, as all o he aduls work in our ou o

ve amilies wih children, and many amilies also have responsibiliies or ailing or

elderly amily members. Tis means ha workers are le wih limied capabiliies o

conrol heir work schedules or o ake paid and job-proeced ime away rom work

o respond o amily needs. Only abou hal (55.8 percen) o all workers age 18 and

older have he abiliy o aler he hours, days, or locaion o heir work, according o

daa colleced by he Bureau o Labor Saisics as par o he American ime Use

Survey.21 Workers who lack access o exible and predicable work schedules are

disproporionaely low-wage workers, emale workers, and workers o color.

Tese sandards were also consruced around a workorce ha was more likely

o be covered by a collecive bargaining agreemen. Unions have hisorically

improved he pay and benes or workers, including hose around work-amily

conic. Te Labor Projec or Working Families, or example, documens howcollecive bargaining agreemens have included language o help workers mee

heir care responsibiliies.22 Bu wih unionizaion raes decreasing over he pas

quarer cenurydown o 11.8 percen in 2011 rom 20.1 percen in 1983mos

workers canno rely on unions o help hem wih heir work-amily conic.23


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Furher, even when he governmen oers privae-secor employers incenives

o provide good benes, he benes have oo-oen gone disproporionaely

o proessional, higher-wage workers han o low-wage workers.24 Low-wage

workers are le wih very limied access even o he basic package o benes

expeced by higher-wage workers.25 ake he example o earned sick ime, which

became prevalen during World War II when he ederal governmen was ry-ing o conrol wages. Wage conrols were in place, bu he governmen allowed

employers o atrac workers wih benes ha would no coun oward he

wage caps, including healh insurance, pensions, and paid days o or vacaion

and or illness.26 Te hisoric remnan o his governmen incenive, however, is

no spread equally across he workorce. oday nearly our in ve (78.5 percen)

o he highes-paid workers have access o earned sick ime, compared o only

15.2 percen o he lowes-paid workers.27

So wha should he governmen do? Tis secion o our repor will oer some

concree recommendaions or improving basic labor sandards oered oemployees in he Unied Saes by boh privae employers and he ederal govern-

men; laer in his repor, we address child care and elder care suppor.

A a minimum, basic labor sandards should provide workers wih he abiliy o

conrol heir work schedules and access needed exibiliy and should include

paid amily and medical leave and earned sick leave or all workers, regardless o

wheher hey are a he op or he botom o he pay scale. Tese issues are no

new, bu wih he rise in mohers as breadwinners, he percenage o our work-

orce needing hese basic sandards is increasing. Earned sick ime, paid amily and

medical leave, and greaer predicabiliy and exibiliy are no luxuries, bu in ac

are key o conrolling coss by increasing worker produciviy, reducing absenee-

ism, and cuting overhead coss.28 Tey are good or he botom line and make

sense, even in he mids o our ongoing economic recovery.

In his secion we discuss how o make progress on hese goals. We will ocus in his

repor on he specic componens ha should be par o our basic labor sandards:

Making he case or he righ o workers o reques predicable and exible

work schedules as par o our counry s basic labor sandards and uure eco-nomic compeiiveness


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Moving oward a universal, naional paid amily and medical leave o provide all

workers wih he abiliy o ake ime o o help amilies manage heir lives beter

and help employers reain workers wih 21s cenury needs29

Naional earned sick ime ha allows workers o have paid ime o or heir

own illness, o care or an ill amily member, or o cope wih a domesic vio-lence siuaion

Each o hese policy iniiaives helps workers mee heir unique amily needs.

Workplace exibiliy and predicabiliy allow workers o manage he day-o-day

business o working and managing amily responsibiliies. Paid amily and medical

leave allows workers o plan or longer-erm leave o recover rom a serious illness

or o care or a newborn or newly adoped child or care or a amily member wih

a serious illness. Earned sick ime allows workers o ake ime o o deal wih heir

own or a amily members shor-erm, unplanned illnesses. In each case, hese

policies can be craed o address he needs o workers a he op, middle, and hebotom o he wage disribuion.

We ocus on hese goals because hey are imporan or meeing he needs o ami-

lies, reorming oudaed labor sandards, and improving our economys long-erm

economic growh prospecs. Bu we also do so because here are ideniable

and poliically salienshor- and medium-erm seps we can ake o meeing

hese long-erm goals ha will bene workers across he income disribuion

and which will draw a broad coaliion o suppor rom boh men and women and

hose who care abou he well-being o Americas amilies.

Flexible and predictable work schedules

In recen years our 24/7 economy has led o an increase in he problem o

unconrollable schedules or employees. As employers se up sysems o ensure

efciency in producion and service, oo oen he needs o employees are le ou

o he equaion.

Tis means ha or low-wage workers, hey can be aced wih consanly chang-ing work schedules, which make arranging consisen child or elder care nearly

impossible. For blue and pink collar workers, employers bel ighening coupled

wih meeing service demands oo oen means ha workers are required, oen

wih no noice, o work mandaory overime hours even i hey have an obligaion


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o be a home o relieve a babysiter, pick up he kids a he end o he school day,

or ake an aging relaive o he docor. For proessional workers, even he ordinary

nine-o-ve workday oen no longer works because schools sill close he doors in

he middle o he aernoon, and here is no one le a home o provide care and

here are oo ew qualiy, aordable aerschool opions.30

Workplace exibiliy allows workers o aler heir schedules a work, he locaion

o heir workplace, or boh, enabling hem o mee heir responsibiliies a work

and address heir amily and caring responsibiliies. Workplace predicabiliy

ensures ha, a a minimum, workers will know heir work schedules in advance

rom day o day and week o week so ha hey can make arrangemens or heir

children or oher amily members who need care.

Work schedules ha are exible and predicable help workers susain heir amily

responsibiliies over a lieimerom coordinaing wih school schedules and

arranging inan and child care in he early years o carving ou caregiving ime oran elderly, ailing paren or spouse in laer years.

Since we rs released his repor in 2010, here has been a seady increase in

awareness and a call o acion on he issue o boh more workplace exibiliy

and predicabiliy. Te presiden and rs lady hosed a Whie House Flexibiliy

Forum in March 2010, releasing a Council o Economic Advisers repor on he

economics o workplace exibiliy and a Work-Flex Even Sarer Ki in order

o help bring abou acion a he communiy level.31 Te Womens Bureau o he

Deparmen o Labor, ogeher wih he Whie House Council on Women and

Girls, ollowed up by hosing regional orums across he counry as par o a

Naional Dialogue on Workplace Flexibiliy.32

Workplace predicabiliy has become a rallying call or organized and unorganized

workers. Our WalMara coaliion o Walmar workers calling or air work-

place praciceshas made creaing dependable, predicable schedules a main

ene o heir campaign. And he Reail Acion Projeca coaliion o commu-

niy-based organizaions, unions, aih-based organizaions, and eleced ofcials

recenly launched a Susainable Scheduling Campaign calling or he guaranee

o minimum hours and more predicable schedules.33

Tis awareness abou workplace exibiliy and predicabiliy has arisen aer many

years o seady, imporan research, advocacy, and business and labor leadership.


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In 2003 he Alred P. Sloan Foundaion launched he Naional Workplace

Flexibiliy Iniiaive, which suppored he criical work o building up he schol-

arship and developing policy recommendaions in his area hrough universiy-

based research as well as hrough key organizaions including Corporae Voices

or Working Families, he Families and Work Insiue, and Workplace Flexibiliy

2010 a Georgeown Universiy Law Cener.34

And, noably, his body o work has oen addressed he specic issues acing

low- and moderae-wage workers in achieving workplace exibiliy.35 Tis crii-

cal groundwork can be used o build he case or exible and predicable work

schedules and o bring greaer atenion in Washingon, D.C., and in saes and

communiies around he counry o he need or policy acion.36

In an economic climae where urloughs are sill commonplace, involunary par-

ime employmen is seadily increasing, and many workers eel lucky o have any

job a all, discussions o predicable and exible work arrangemens may seemlike a luxury. Ye providing employees wih exible and predicable workplaces

is a proven sraegy o increase worker produciviy, reduce abseneeism, and cu

overhead coss.37 Tis is rue even or low- and moderae-wage workers, where

reducing urnover saves rms money.38 On average, i coss abou one-h o an

employees salary o replace her or himar more han he minimal coss o oer-

ing workplace exibiliy.39

Ta is why we discuss below wha we mean by exible and predicable workplace

policies and benes.

Workplace flexibility

Te key o workplace exibiliy is ha paricipaion is a he workers discre-

ion and i does no enail pay or promoion penaliesi may enail pay cus

commensurae wih reduced hours, bu no penalies over ime. Tis kind o

exibiliy mus be worked ou in close consulaion beween workers and man-

agemen. Firms ha have experimened wih his kind o exibiliy oen allow

employees o make requess or exibiliy, which begins a process o negoiaionha includes no only how he schedule will aid he employee in meeing needs

ouside o work, bu also how he new schedule will ensure ha he needs o he

employer coninue o be me.


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Businesses have a range o opions o choose rom o implemen his kind o ex-

ibiliy. Employers could allow workers o se hours around a core se o hours

when everyone mus be a work, such as puting in an eigh-hour day as long

as he worker is a he ofce beween he hours o 10 a.m. and 4 p.m., or allow-

ing workers o se a regular shi, saring a 8 a.m. insead a 9 a.m. in order o

leave an hour earlier. Alernaively, businesses could allow employees o work aa saellie ofce closer o home, o work a home, or o elecommue regularly.

Implemening any o hese kinds o exibiliy requires regular communicaion

beween he worker and managemen o ensure he eeciveness and o se up a

process o make changes in he schedule.

For employers, providing workplace exibiliy is cos efcien. Insiuing hese poli-

cies can allow a business o have a nimble workorce consising o loyal employees.

Flexibiliy in work locaion, or example, is an environmenally riendly, cos-saving

eaure or many businesses, allowing hem o save coss on ofce space while con-

ribuing o he reducion in congesion and polluion.40 Allowing workers exibiliyis also a proven way o reduce abseneeism and reduce cosly employee urnover,

which, on average, coss abou one-h o an employees annual salary o replace

ha worker.41 Already, one-hird o privae secor employers recognize he benes

o hese policies and oer exible workplace policies.42

Many companies are already doing hese kinds o hings. ake Hewlet-Packard

Co., one o he worlds leading echnology companies. I has oered exible hours

o almos all o is employees or nearly ory years. And IBM Corp., he second

larges privae-secor employer in he Unied Saes, has 40 percen o is 330,000

workers work virually, rom clien sies or homes.43

An example o wha we are no proposing is he comp ime legislaion inro-

duced since he early 2000s. Ta legislaion would amend he Fair Labor

Sandards Ac o allow employees o receive ime o in lieu o overime pay

or hours worked beyond he sandard 40-hour workweek. Bu his legislaion

allows he employer o deermine when ha ime o would occur, raher han he

employee, so ha he exibiliy could be enirely o he employer and no o he

employees bene.44 Advocaes and economiss expressed grave concerns ha his

legislaion would likely lead o an increase in involunary overime.45

O course, here is no one size s all policy soluion: Policymakers should

no mandae ha every employer oer a paricular or specic kind o exibiliy

because ha would inerere wih rue business needs. Tere are, however, a vari-


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ey o policy opions on he able ha would encourage employers o work wih

heir employees o nd schedules ha work or everyone. Tis brings us o our

rs amily-riendly public policy goal.

The goal: Increase access to fair workplace flexibility

Employees and employers need a srucure o work ogeher o esablishworkplace exibiliy and predicabiliy. One o he bigges challenges wih

legislaing around workplace exibiliy is ha success requires a change in

business culure and a willingness o rehink how businesses can be mos

eecively run. A is core, meeing he goal o increasing access o air workplace

exibiliy requires ha employees have greaer leeway o ask or and ge exibiliy

or predicabiliy in erms o hours or locaion o work, and ha workers who

choose reduced hours sill ge air pay and benes and are no subjec o

realiaion.

Changing corporae culure is a heavy li, bu many U.S. rms have already begun

o move along his pah. In A Womans Naion, Brad Harringon and Jamie Ladgecie a number o sudies showing ha when corporae climaes allow workers ex-

ibiliy, he benes are considerable.46 Tey noe ha Deloite ouche oshmasu,

a proessional services consuling business, esimaed a cos savings o $41.5 mil-

lion in 2003 in reduced urnover coss by reaining employees who would have le

i hey did no have a exible work arrangemen.47

One idea o encourage a change in mindse is o ollow he model se ou in

he Unied Kingdom, New Zealand, and Ausralia by implemening righ o

reques laws and policies.48 Tese righ- o-reques laws do no mandae ha

employers provide every worker wih he schedule hey desire, bu he laws

do require ha employers se up a process o discuss and negoiae workplace

exibiliy and only allow he employer o urn down he requess or cerain

business reasons. And his has he poenial o be a win-win policy, as ex-

ible schedules and working locaions reduce employee urnover, which helps

employers cu coss and reain valuable employees.49

Tis would be an improvemen over he curren siuaion in he Unied Saes, where

an employee could be disciplined or even asking abou exibiliy or predicabiliy.

Puting in place a righ o reques exibiliy and predicabiliy would provide work-ers wih he abiliy o make hese requess wihou he ear o realiaion in he work-

place. Asking or a exible or predicable schedule would become a proeced righ.


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In he Unied Kingdom he pah oward he righ o reques exibiliy acually

began wih a naional conversaion abou workplace exibiliy and he need or

air compensaion or workers wih reduced hours. In 2000 he U.K. governmen

ormed a Work and Parens askorce, consising o business and labor leaders o

promoe innovaive and compeiive business pracices along wih he air reamen

o employees. In 2002, as a resul o he work o he askorceand a push romhe businesses communiy o conver a proposed enilemen or workers o receive

reduced work schedules ino a righ o reques an alernaive scheduleParliamen

passed he Righ o Reques Flexibiliy law.50 Employers may reuse he reques or

exibiliy only or cerain business reasons, including he burden o addiional coss,

derimenal eec on meeing cusomer demand or on he qualiy and perormance

o he business, or inabiliy o reorganize he exising sa o make i work.51

Tis so ouch legislaion has been eecive in increasing he number o work-

ers in he Unied Kingdom wih exible schedules, and business have been a he

oreron o expand he law. Even hough employers had airly broad discreion odeny he requess, only 10 percen o requess have been urned down since he

law was enaced. Furher, while iniially he law covered only workers wih young

children under age 6, workers wih disabled children under age 18, and workers

caring or an adul relaive, Parliamen passed legislaion in 2009 o cover all work-

ers wih children under he age o 16.52

Currenly, he Charered Insiue o Personnel and Developmen, or CIPDhe

worlds larges charered HR and developmen proessional bodyis urging he

U.K. governmen o exend he righ o reques exibiliy o all employees.53 Te

organizaion cies Flexible Working: Provision and Upake, a sudy ha ound

ha 70 percen o employers surveyed said exibiliy helped recrui beter work-

ers and kep employees engaged and moivaed. Moreover, less han 5 percen o

businesses surveyed had repored problems complying wih he curren righ-o-

reques-exibiliy law.54

O course, here is no one size s all policy soluion: Policymakers should no

mandae ha every employer oer a paricular or specic kind o exibiliy. In

addiion o lacking exibiliy, many workers are required o work overime wih

litle or no warning or have schedules ha change oen. Tese workers do nohave scheduling predicabiliy.

For his model o work in he Unied Saes, i would require he kind o naional

conversaion ha happened in he Unied Kingdom, as well as hinking hrough


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he abiliy o our legal and insiuional srucure o incorporae his kind o

mandae and craing he legislaion o ensure ha workers across he income

disribuion would be able o ake advanage o his kind o proposal. Te legisla-

ion would need o se up a srucure o ensure ha employees have a rue righ

o reques a schedule ha works or hem, as well as heir employer, even in he

absence o a union seting.

Te consideraion o adoping he U.K. model in he Unied Saes should also ake

ino accoun wheher a righ o reques provides enough o a righ o employees

o ensure ha hey can indeed atain exible or predicable schedules. An alerna-

ive, sronger model can be ound in he Ausralian sae o New Souh Wales where

employees are proeced agains discriminaion based on care responsibiliies, and

employers are required o afrmaively provide reasonable, exible work schedules

unless doing so would cause he employer undue hardship.55

Furher, in order or righ o reques o work eecively in he Unied Saes, ishould also be used o help workers who do no wan (or canno work) overime,

who wan o place limis on heir hours, and who need help in addressing he issue

o scheduling predicabiliy.

Te second par o his goal is ha access o workplace exibiliy should no lead

unairly o lower wages or benes. Par-ime workers are paid less or doing he

same job.56 Flexible schedules can mommy rack workers, leading o pay and

promoion penalies.57 Tese resuls can be avoided hrough legislaion requiring

par-ime pariy in wages and benes or by requiring ha such principles be aken

ino accoun as employers consider requess or exible work arrangemens.

Predictability in work schedules

Many workers are required o work overime wih litle or no warning or have sched-

ules ha change oen. Tese workers do no have scheduling predicabiliy. Tis

kind o workplace may provide he employer wih he exibiliy o base sa levels

on immediae needs, bu i gives he employee litle scope o cope wih nding child

care or addressing oher personal or amily needs and leads o higher urnover asemployees are aced wih impossible choices beween heir work and amily respon-

sibiliies. Tese issues are common or low-wage workers, bu middle- and higher-

income workers ace challenges wih scheduling predicabiliy as wellalhough i

more oen akes he orm o mandaory overime or exremely long workweeks.


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A lack o scheduling predicabiliy can lead o signican conic beween work

and amily. Researchers have ound ha low-wage jobs in reail and hourly jobs

oen have schedules ha are no available unil a ew days beore a workers shi,

ye child care ceners, who need o mee heir botom line as well, oen require

parens o pay or care or a ull week regardless o wheher he child needs care

ha week and many providers do no oer nonradiional hours.58

Wihou predicabiliy or exibiliy, workers no only ear being red or passed

over or promoion i hey do no accep he hours hey are assigned, bu many

are orced ou o qui enirely. Unsable schedules can wreak havoc on he day-o-

day lives o amilies who are rying o manage care or children or he elderlyor

atend school or hold down a second joband when hose challenges become

oo much, many workers simply qui.59 Consider he reail worker Kenya, who was

inerviewed by researchers Julie R. Henly, H. Luke Shaeer, and Elaine Waxman.

Kenya pu i his way, [d]on oo many people ge red a lo. Basically mos o

em leave because he schedule doesn work around heir schedule.60 Tis is nojus bad or he worker, is bad or business and hampers produciviy as urnover

exacs a cosly oll on businesses.61

Many workers also experience demands or mandaory overime or alernaively,

may be sen home rom work because here is no enough business. Again, hese

pracices can wreak havoc on complicaed amily schedules and can cause major

problems or amily incomes. Workers may need o ge home aer work o care or

a amily member or may be charged by he minue i hey pick up heir child lae

rom aerschool care. Ye workers who are sen home may have already paid ou

or child care or reused hours on heir second job.62

On op o his, as he economy coninues o sruggle, we are seeing an increase in

pracices and policies ha promoe maximum exibiliy or employers, bu which

oen leaves workers wih less conrol, less predicabiliy, and less sabiliy.63 Tis

means workersparicularly low-wage workers working in he reail and ood

service indusries, bu his happens o workers across he income specrumare

now experiencing a greaer likelihood o reduced hours, sudden changes in work

schedules, or requiremens or grea levels o availabiliy wih no guaranee o core

hours o be worked.64

So here is our second public policy goal.


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The goal: Require employers to limit mandatory overtime and provide predictable schedules

Tis is a long-erm goal and, in he inerim, we should encourage, raher han

require, employers o limi mandaory overime and provide predicable

schedules. Te governmen can hen work o highligh he bes ways employers

have ound o do so. Tere are a variey o ways orward o encourage employers

o work wih heir employees o nd schedules ha work or boh. Wihoucompromising he need o employers o be responsive o he changing demands

o he marke, employers can insiue policies ha provide workers wih greaer

conrol over heir work schedules, including: More advance noice o work schedules

Work schedule sabiliy rom week o week wih a core se o hours o be worked

a he same ime, such as 70 percen o 80 percen o hours o be worked a he

same ime each week65

Worker inpu ino schedules, including implemening scheduling sysems haallow workers o sel-schedule, bid or desired shis, and swap shis wih each

oher wihou prior approval rom he employer66

Commimen o no mandaory overime or workers or, a a minimum, com-

mimen o advanced noice o any mandaory overime required o employees

and commimen o seek voluneers or overime rs wihou reribuion, in

addiion o limiing excessive work hours or salaried employees

Tese simple policies would provide all workers, including low-wage workers,

wih more predicable schedules. Tis would, in urn, allow amilies o beter coor-

dinae care, including child care, elder care, and care or a sick amily member, as

well as oher aspecs o daily lie wih heir jobs. Even wihou new laws, employ-

ers can and should implemen hese soluions on heir own.

Recommendations for concrete action: Congress

Require the right to request flexibility and predictability

Rep. Carolyn Maloney (D-NY) has inroduced he Working Families FlexibiliyAc, mos recenly in early 2012 as H.R. 4106, which would allow an employee o

reques a change in number o hours worked, imes when he employee is required

o work, and locaion o work rom heir employer. Te bill esablishes cerain

employer duies regarding he consideraion o such requess, including esablishing


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a process or negoiaing he reques and providing he employee wih an explana-

ion when rejecing he reques. Perhaps mos imporanly, his bill also provides job

proecion and prohibis realiaion agains employees who make exibiliy requess.

Tis bill may also be able o help employees gain more predicabiliy. For insance,

i employees can eecively use he law o reques a cerain schedule or o provideboundaries or heir hours, wihou penaly, hen his could help push employers

o oer greaer predicabiliy. Bu he commimen o predicabiliy should be

made explici in he bill.

Rep. Maloney inroduced her bill in he 110h, 111h, and 112h Congress, bu i

has no received serious atenion by any o he commitees o jurisdicion such

as he House Commitee on Educaion and he Workorce. On he oher side o

Capiol Hill, he lae Sen. Edward Kennedy (D-MA) inroduced a Senae com-

panion bill in he 110h Congress, and Sen. Rober Casey (D-PA) inroduced he

Senae version in he 112h Congress.

Tese ideas deserve serious consideraion by he leaders o Congress, who should

commi o move hese bills hrough he commitees o jurisdicion in boh he

House and he Senae. A he same ime, we hope he exibiliy bills will be

amended o explicily include workplace predicabiliy and ensure ha workers

across he wage disribuion would be able o ake advanage o his policy, no

jus he higher-paid proessional workers.

In addiion, we believe ha his bill should be srenghened o limi he reasons

by which employers may deny an employee an alernaive exible or predicable

schedule. Employers should be limied o business reasons in denying requess or

exible and predicable schedules and should be required o esablish ha making

he change would cause undue hardship o he business.

Encourage employers to offer predictable schedules

Te righ-o-reques-exibiliy legislaion does no ge a some o he major sysems

and culure shis ha need o happen on he par o employers o provide work-

ers wih greaer conrol o manage he predicabiliy o heir work hours. Congress

should explore how bes o increase scheduling predicabiliy or low-wage workers.

A rs sep would be or Congress o hold hearings on he pracice o manda-

ory overime o deermine wheher he Fair Labor Sandards Ac should be

amended o prohibi he pracice ourigh. Over he pas several years, members


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o Congress have consisenly pu orward bills prohibiing mandaory overime

by nurses and healh proessionals, bu here is evidence ha he problem goes

beyond he healh secor.67 Some companies business models are o survive on a

skeleal workorce and hen orce employees o work mandaory overime shis

raher han rs seeking workers who wish o accep volunary overime assign-

mens.68

Tis is no good or workers or our economy.

In addiion, he House Educaion and he Workorce Commitee and he Senae

Healh, Educaion, Labor, and Pensions Commitee should hold exploraory

hearings on how bes o incenivize he privae secor o implemen predicable

scheduling or employees, including developing and implemening scheduling

sysems ha allow workers o gain conrol over heir own schedules and receive

advance noice o heir schedules.

Recommendations for concrete action: The executive branch

Te presiden and his adminisraion have eecively used he bully pulpi o raise

awareness abou he need or workplace exibiliy. Making workplace exibiliy and

predicabiliy a new workplace sandard will ake coninued leadership rom he

presiden and his adminisraion, bu using he bully pulpi simply is no enough.

In addiion o using his megaphone, he presiden has a number o oher ools available

o him ha he should use o demonsrae eecive workplace exibiliy and predic-

abiliy in he ederal workorce and o encourage such acions in he privae secor.

Make the federal government a model employer for workplace flexibility69

Te ederal governmen has a srong hisory o seting workplace rends and piloing

exible, amily-riendly benes.70 As ar back as 1957, he governmen allowed some

employees o work rom home. In he 1970s Congress passed legislaion allowing

he ederal governmen o pilo exible and compressed work schedules or ull-ime

employees and o encourage more par-ime opporuniies or ederal workers. In he

1980s he governmen creaed leave banks and leave-sharing programs. And in he

1990s he governmen esablished several exible workplace saellie ofces o relieveworkers o long commues, creaed pilo job-sharing programs, and expanded he use

o sick leave o allow all workers o use accrued sick leave o care or ill amily mem-

bers, and o allow workers leave ime o accompany amily members o rouine healh

appoinmens and o paricipae in childrens school aciviies.


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A his ime, however, he ederal governmen is no ouperorming he privae

secor. Currenly jus less han one-hird o ederal workers have access o ex-

ible schedules. Te privae secor oushines he ederal governmen in boh he

percenage o he workorce ha elecommues6 percen o ederal employees,

compared o 15 percen o privae-secor workersand he percenage o he

workorce working par ime. Approximaely 3 percen o ederal workers areworking par ime or noneconomic reasons, meaning hey are generally volun-

arily working as par-ime employees, compared o jus more han 8 percen o

privae-secor workers who are working par ime or noneconomic reasons.71

Currenly he ederal governmen oers a se o workplace policies ha allow

workers exibiliy and predicabiliy in heir schedules, including exible and

compressed work schedules, elecommuing, and par-ime opions o a leas some

ederal employees.72 Tese exibiliy policies, however, are le o he discreion o

he ederal agency and he individual supervisor. As a resul, many ederal employ-

ees do no have access o hese benes. Case in poin: Fiy-six percen o ederalemployees qualiy or elecommuing, bu in order o be able o ake advanage o

elecommuing, ederal employees mus ge he approval o heir supervisors oen

wih no righ o appeal his decision, which may be one reason ha only 6 percen o

employees acually ake advanage o he ederal elecommuing program.

Te Obama adminisraion ook a sep oward considering a more comprehensive

approach o workplace exibiliy by piloing a Resuls Only Work Environmen,

or ROWE, a he Ofce o Personnel Managemen, or OPM, allowing more han

400 employees o decide when and where hey would work as long as heir work go

done. Tere were grea hopes ha his experimen would lead o a sysemwide change

in workplace exibiliy policy across ederal agencies, bu he program was sopped

in March 2012 wih mixed resuls.73 Te Obama adminisraion should release he

nal repor on lessons learned rom he ROWE pilo and consider how o improve

he program in a way ha could be replicaed hroughou he ederal workorce.

Te ederal governmen could do even more by giving ederal employees he righ

o reques exibiliy and access hese benes. Trough an execuive order or

presidenial memorandum, Presiden Obama could direc he Ofce o Personnel

Managemen o develop a air and uniorm process in he ederal governmen oallow ederal workers he righ o reques exibiliy, ensure ha he reques is seri-

ously considered and ha employees are no realiaed agains or asking.


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Te ederal governmen sill has much work o do in ensuring he uniormiy o is

exibiliy policies across ederal agencies and wihin agencies. And here is good

reason o do i: In a sudy o he dependen-care needs o ederal employees, he

Governmen Accounabiliy Ofce ound ha workplace exibiliy policies were

criical in employees decisions o ake a job in he ederal governmen and even

more criical in he employees decision o say.74

Study innovations in flexibility and predictability

Te U.S. Deparmen o Labor should sudy innovaions in workplace policies

implemened as a resul o he Grea Recession in boh he public and privae

secor. Tere has been a remendous rise in workers who are now working par

ime or economic reasons. Overall, as o Ocober 2012, 8.3 million people were

working par ime or economic reasonsan increase o 3.7 million workers rom

when he recession began in December 2007.75

Over he course o he Grea Recession, mos o his increasenearly hree-quar-erswas atribuable o slack work or business concerns raher han only being

able o nd par-ime employmen. Tis means employers are insiuing a variey

o policies and pracices o limi he hours heir employees are working. We know

ha some employers embraced pracices o give workers some conrol and deci-

sion making over reduced hours or alered schedules.76

In 2008, or example, he sae governmen o Uah mandaed a our-day work-

week or is employees. Te sae didn cu hours or wages bu did nd ha

compressing he workweek ino our days saved he sae on is energy bills, wih a

13 percen reducion in energy coss, and saved workers as much as $6 million in

gasoline coss by avoiding an exra day o commuing.77 Boh surveys o HR direc-

ors and employees in he sae governmen showed overwhelming agreemen

ha he new schedule helped alleviae work-amily conic. And, mos elling,

82 percen o sae employees said ha heyd like o coninue working he 4/10

scheduleour days a week, 10 hours a day.78

Employees who didn like he Uah experimen, however, are an imporan par

o he soryhey are largely workers wih young children who had difculy

nding exended child care.79

Te problem wih he Uah experimen is ha ilacks one essenial elemen o he ype o workplace exibiliy we are promoing:

Workers mus have inpu ino he exible or alernaive work schedule so ha hey

can arrange care or amily members o mach heir work schedule.


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o sudy hese kinds o experimens in reducing and alering work schedules, he

Deparmen o Labor should sudy he policies and pracices, and disseminae bes

pracices and innovaionsincluding how hese policies play ou dierenly or

workers across he income disribuion and in dieren kinds o occupaions.

Encourage innovation in the federal contracting workforce

Privae-secor businesses wih ederal conracs make up nearly one-quarer o all

privae-secor employees in he Unied Saes.80 Hisorically, he ederal govern-

men has used is conracing power o require or encourage workplace policies

ha are air, equiable, and bes uilize he ull poenial o our workorce. Te

ederal governmen should use his power o reward hose companies bidding or

ederal conracs ha oer workplace benes or odays workorce, including

workplace schedules ha are predicable and oer opions or exibiliy.81

Recommendations for concrete action: The states

Initiate flexibility-predictability taskforces

Sae governmens do no need o wai or ederal acion. Governors and sae

legislaors could iniiae a askorce o examine barriers o exibiliy and predic-

abiliy in heir saes, as well as sudy innovaive policies and pracices or ex-

ibiliy and predicabiliy wihin heir sae. Tese askorces could be charged

wih compleing a repor o heir governors on he policy recommendaions or

improving workplace exibiliy and predicabiliy.

Like in he Unied Kingdom, hese askorces should include represenaives rom

boh business and labor. Bu he sae ask orces should be ailored o he indus-

ries and unique needs o workers in heir saes. Each indusry will have varying

needs or employees, which will aec exibiliy and predicabiliy. Tese con-

cerns and issues should be brough o he sae askorces.

Introduce the right to request flexibility and incentives for predictability

o dae, only a handul o saesNew Hampshire, Caliornia, Pennsylvania, New

York, Alaska, Delaware, Maine, and Marylandhave inroduced sae legislaionha would allow employees he righ o reques exibiliy, bu his legislaion has

no moved ou o commitee in any o he saes.82 Oher saes could begin con-

sideraion o how o improve workplace exibiliy and predicabiliy hrough he

inroducion o sae legislaion.


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Family and medical leave insurance: Reforming and updating our

social insurance system

Te oundaions or our naions social insurance inrasrucure was se ou in he

Social Securiy Ac signed ino law by Presiden Franklin D. Roosevel in 1935. Te

various policies implemened as a par o he Social Securiy Ac ocused on ensur-ing ha he breadwinners wage would be replaced i he (as i was mos oen a he)

became disabled, was deceased, was unable o nd work hrough no aul o his own,

or was in reiremen. Widows wih children were provided wih a nominal bene

because i was assumed ha hey could no suppor hemselves oherwise.

While his sysem has many enduring eaures ha have sood he es o ime

such as he noion ha social insurance should cover every workerhe presump-

ions inheren in he sysem involving work and amily are oudaed. Because here

are ewer say-a-home parens, he risk o amily caregiving needs and medical

siuaions urning ino livelihood-hreaening evens is much higher oday han iwas in 1935 when Social Securiy was esablished.

As Ann OLeary and Karen Kornbluh noe in Te Shriver Repor: A Womans

Naion Changes Everyhing, he basic problem is ha our naional sysem o

social insurance has never been updaed o provide nancial suppor o amilies

who have a drop in income because a worker cus back on work or needs o em-

porarily leave he workorce o provide care o a child or sick or elderly relaive.83

As one o he key oundaions o our basic labor sandards, our social insurance

sysem should be updaed o reec he realiies o odays workorce.

Being able o ake ime o o provide or amily care responsibiliies is an imporan

bene ha our social insurance sysem should include. Paid amily and medical

leave is criical or amily well-being as well as job securiy. Tas why adding paid

amily and medical leave o our sysem o social insurance should be he nex goal.

The current state of play: Unpaid family and medical leave

Currenly some U.S. workers have he righ o 12 weeks o job-provided unpaidleave or heir own illness, o care or a new child (adoped, oser, or birh), or o

care or a sick amily member under he Family and Medical Leave Ac, or FMLA.

According o he mos recen Deparmen o Labor repor in 2000, only abou hal

o U.S. workers are covered because he law excludes workers who have been wih


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heir employer or less han a year, have worked ewer han 1,200 hours over he

pas year a heir rm, or work or a rm ha employs ewer han 50 employees.84

Upon passage he ac quickly became a criical linchpin in meeing he amily

care needs o workers, who previously had no guaranee o ime o o care or

heir amilies needs. For hose workers who qualied or FMLA coverage, i wasa signican sep in solving he problem o care brough on by he widespread

employmen o mohers. Bu he resricions in he Family and Medical Leave

Ac make i hard or many women and low-wage workers o qualiy since hey are

more likely o work par ime and a small businesses. Furher, because his leave

is unpaid leave, many workers canno aord o use i, especially among low-and

middle-income amilies.85

Beyond he Family and Medical Leave Ac, only 40 percen o employees have

access o even a single day o paid leave ha can be aken o care or a newborn,

newly adoped child or care or a seriously ill amily member.86 Abou 36 perceno U.S. workers are covered by an employer-provided paid shor-erm disabiliy

program ha provides income replacemen when an employee is ill or emporarily

disabled (including or pregnancy-relaed reasons or childbirh, bu no or amily

caregiving purposes).87 Businesses repor ha he Family and Medical Leave Ac

oen works o heir bene. According o he mos recen survey o he law, con-

duced in 2000, a large majoriy o employers who are currenly required o comply

wih he law repor ha i has had no noiceable eecs on heir esablishmens

produciviy, proabiliy, or growh, and has had a posiive or neural eec on

employee produciviy, absences, urnover, career advancemen, or morale.88

Paid amily and medical leave, i implemened in a way ha makes sense, is likely

o oer businesses even more benes. Women who have access o paid maerniy

leave are more likely han hose wih unpaid leave o reurn o work aer hey have

a child, improving heir lieime earnings prole.89 Workers who have ime o or

a serious illness recover quicker, as do ill amily members who have he care o

a loved one.90 A leas some porion o hese workers will likely remain healhy

enough o work longer han oherwise.

I is in he ineres o employers o nance paid amily and medical leave hroughsocial insurance, no individual companies.91 Wih a social insurance sysem,

employers need o provide he job or an equivalen job o he employee who

needs o ake such a leave i ha worker is covered by he Family and Medical

Leave Ac, bu hey do bear he burden o paying employees during hese criical


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periods o leave. I employers mus each provide paid amily and medical leave,

hen hose who have disproporionaely young or emale sa (who are mos

likely o need parenal leave) or older sa (who are more likely o need leave or

heir own or a amily members illness), will bear an undue burden or hese coss,

which is exacly wha a naional social insurance program will avoid.

The way forward

Even hough very ew workers have paid amily and medical leave, his policy is

widely desired by he majoriy o he public. Naionwide, 86 percen o voers

believe ha i is imporan, and nearly wo-hirds believe i is very imporan

or Congress and he presiden o consider new laws ha would help working

amiliessuch as earned sick ime and amily and medical leave insurance legisla-

ion. And his suppor or rue amily values cus across he poliical specrum:

Seveny-hree percen o Republicans, 87 percen o Independens, and 96 perceno Democras agree ha i is imporan or Congress and he presiden o devoe

ime and atenion o amily-riendly workplace policies.92

Mos recenly, he momenum oward paid amily and medical leave has been hap-

pening a he sae level. wo saes, Caliornia and New Jersey, boas paid amily

and medical leave programs ha build on longsanding emporary or Shor-erm

Disabiliy Insurance programs, and in Washingon sae he legislaure passed

a sandalone paid parenal leave program, bu hey have ye o und i.93 Boh

Caliornias and New Jerseys programs provide near-universal coverage o workers

in he sae or a disabiliy or illness occurring o he job ha limis ones abiliy o

work, including pregnancy disabiliy (excluding only cerain public employees).94

In 2002 Caliornia exended heir Disabiliy Insurance program o oer six weeks

o parial wage replacemen or amily caregiving leave. New Jersey passed similar

legislaion in 2008.95

Moving orward, here are only hree oher saes wih emporary Disabiliy

InsuranceNew York, Rhode Island, and Hawaiiand New York and Rhode

Island are acively considering expansion o heir programs o include amily leave.

Te poenial or passage in he saes wihou such programs may be limied,alhough Arizona, Iowa, Massachusets, New Hampshire, Oregon, and Vermon

are acively looking ino paid amily and medical leave, wih legislaion inroduced

in he pas hree years.96 In addiion, he Family Income o Respond o Signican

ransiions Ac, H.R. 2339which had been sponsored by Congresswoman


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Lynn Woolsey (D-CA), who did no run or he 113h Congresscould help

spur more acion in he saes i reinroduced and passed. A posiive sign is ha

Presiden Obamas budge requess each year have included unds o help saes

se up heir own paid amily and medical leave programs.

The goal: Paid family and medical leave for all workers nationwideI makes he mos sense o esablish a naional paid amily and medical leave pro-

gram alongside our Social Securiy sysem or reiremen and long-erm disabiliy.

Seting up a new sandalone, social insurance program or paid amily and medical

leave would be more cosly and less efcien han adding his o Social Securiy.

Tis is even more rue i each sae does his on is own.

Te Cener or American Progress proposes ha policymakers build on he ef-

ciencies o he Social Securiy program by adding benes or hree lie evens

currenly covered by he Family Medical Leave Acones own serious illness,

care o a seriously ill amily member, and care or a newborn or newly adopedchildor he same amoun o leave ime as he Family and Medical Leave Ac,

which is a maximum o 12 weeks per year. We call his proposed program Social

Securiy Cares.97

Social Securiy Cares would cover every worker currenly covered by Social

Securiy, which is nearly every U.S. worker, even hose who do no receive unpaid

job-proeced leave rom he Family and Medical Leave Ac. Eligibiliy or he pro-

gram should be based on a workers lieime employmen hisory and would use

reasonable erms, such as hose already esablished or disabiliy benes, which

allow young, par-ime, and low-wage workers o qualiy or benes, even when

hey are early in heir careers.

Adding amily and medical leave o Social Securiy is he bes available way o

adminiser paid amily and medical leave insurance and provide universal cover-

age a he lowes cos possible. Te bureaucracy is already se up o adminiser he

sysem. Te addiion o paid amily and medical leave mus address he issue o

imeliness o bene paymens, bu holding he bureaucracy accounable o he

programs goals will be necessary wheher we se up a new sysem or work wih

he Social Securiy Adminisraion. Because he Social Securiy Adminisraionalready adminisers benes o workers who become disabled and a workers

surviving amily members, here is a srucure in place o esablish he crieria or

eligibiliy and benes ha akes ino accoun a variey o lie circumsances and

employmen hisories.98


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Paying benes during amily and medical leaves is no erribly expensive.

Esimaes rom a Massachusets sudy show ha covering 100 percen o salaries

or all workers would cos abou $120 per worker per year. Covering less han 100

percen o salaries would cos considerably less.99

Tere is every reason o believe Social Securiy Cares would srenghen, noweaken, he Social Securiy program overall. Some workers will increase heir lie-

ime employmen because his policy encourages hem o say employed hrough

periods when hey needed amily or medical leave, so hey will pay ino Social

Securiy or more years han hey would have oherwise, boosing he resources

or he sysem overall.100

Adding paid amily and medical leave o he Social Securiy sysem would

improve our basic labor sandards and acknowledge ha we live in a world where

mos amilies no longer have a say-a-home paren. I would complemen oher

proposals, such as Social Securiy Caregiving Credis, o help caregivers esablishsufcien social securiy credis o qualiy or reiremen benes.101 Furher, i

would srenghen he inergeneraional compac beween young workerswho

could hen access he benes o social insurance when hey need i while heyre

workingand older workers who will mainain access o Social Securiys reire-

men benes and now should be able o have he bene o an adul child who

can aord o ake ime o work o help care or hem i hey need i.

The goal: Expand job-protected leave to cover more workers and ensure that the

definition of family is more inclusive

Finding a way o provide paid amily and medical leave is no enough. More work-

ers need o have he securiy o job proecion during heir leave. Te Family and

Medical Leave Acs job proecion coverage should be expanded beyond workers

in large businesses and o par-ime workers. Par-ime workers need job proec-

ion or amily and medical leave jus like ull-ime workers, and heres no reason

o exclude hem rom coverage. Te laws enure exclusions mean ha many young

workers wih young children are no covered, and a disproporionae share o

hose le ou are workers o color.102

weny-eigh percen o U.S. employees work or employers wih ewer han50 employees, and smaller businesses should be included under he Family and

Medical Leave Ac as a basic labor sandard, like hey are included in oher san-

dards, such as he minimum wage or overime provisions.103 No covering small

businesses does no eliminae he challenges acing he majoriy o small employ-


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ers who have employees wih care responsibiliies; i only masks he realiy ha

hese employees also have illnesses in heir amily and have children. Paid amily

and medical leave adminisered hrough a social insurance program would help

small employers pay or hese kinds o leaves.

Furhermore, currenly under he Family and Medical Leave Ac, employees areeniled o ake leave only o care or a spouse, son, daugher, or paren o he

employee, bu his narrow scope does no allow or amily breadwinners o ake

care o relaives who may be helping hem wih child care or who are relian on

heir exended amily because o shiing employmen paterns in he U.S. econ-

omy. Workers should be able o ake leave o care or heir domesic parner or o

care or a close relaive who is no an immediae amily member, such as an ailing

grandparen or aun or uncle, wihou ear o job loss. Te law should be amended

o give employees his righ.

During he course o he rs Obama adminisraion, he Family and Medical LeaveAc was amended o expand he leave provisions or miliary amilies and airline

igh crews.104 Tese changes by he Deparmen o Labor were much needed and

appreciaed, bu here is addiional legislaive acion ha should be aken.

Recommendations for concrete action: Congress

Paid family and medical leave

Paid amily and medical leave bills should be inroduced in he House and he

Senae. Tese bills can be ashioned on he Social Securiy Cares model oulined

above.105 Te legislaion would need o ensure adequae unds or he adminisra-

ion o he new benes, as workers would need o be paid in a imely manner and

waiing imes should be kep o a minimum.

In he 111h Congress ormer Rep. Pee Sark (D-CA) inroduced he Family

Leave Insurance Ac o 2009, H.R. 1723. Te bill would require he secreary o

labor o esablish a naional paid amily and medical leave insurance program. Te

bill allows he secreary o do so by conracing wih saes o esablish or expand

a sae program or or he governor o a sae o ener ino an agreemen wih hecommissioner o Social Securiy o esablish a program in ha sae.

In he 110h Congress ormer Sen. Chris Dodd (D-C) inroduced a similar bill

in he Senae, co-sponsored by ormer Sen. ed Sevens (R-AK). Tis bill direcs


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he secreary o labor o creae a naional paid amily and medical leave insurance

program, bu does no provide direcion on he mechanism by which o do so.

Tere were no congressional hearings or movemen on hese bills, however.

We recommend ha boh he House and he Senae begin a dialogue abou

he imporance o paid amily and medical leave. Te House Educaion and heWorkorce Commitee and he Senae Healh, Educaion, Labor, and Pensions

Commitee should hold hearings on hese bills o explore how bes o consruc a

naional paid amily and medical leave insurance program.

In June 2009 in he 111h Congress, he House o Represenaives passed he

Federal Employee Paid Parenal Leave Ac o 2009, H.R. 626, which would provide

dedicaed paid parenal leave o ederal employees. Te House bill passed wih

biparisan suppor, wih 233 Democras and 25 Republicans voing in is avor.106

Te companion bill in he Senae, S. 354, was inroduced by Sen. Jim Webb (D-VA)

bu was never brough o a voe. Te bill was reinroduced in he 112h Congress buailed o move. Moving orward on his would be a good nex sep.

In addiion, he U.S. Congress should encourage more saes o experimen wih

esablishing paid amily and medical leave, as well as ake similar seps a he

ederal level. Legislaion inroduced by ormer Rep. Lynn Woolsey (D-CA)he

Family Income o Respond o Signican ransiions Ac, H.R. 2339would

provide unds or saes ha esablish a sysem o parial or ull paid leave or a

minimum o six weeks o care or a newborn or newly adoped child, o recover

rom a serious healh condiion or o care or a seriously ill amily member. No

comparable bills were inroduced in he Senae in he 111h or 112h Congress.

Expand the Family and Medical Leave Act to cover all workers

Congress should work o expand amily and medical leave coverage wihin he Family

and Medical Leave Ac. Several bills previously inroduced in Congress would expand

he deniion o amily or wha kinds o leaves are covered by he he law.

Rep. Maloneys Family and Medical Leave Inclusion Ac, H.R. 2364, or example,

would expand he deniion o amily so ha an employee could ake leave o

care or his or her same-sex spouse (as deermined under applicable sae law),domesic parner, paren-in-law, adul child, sibling, grandchild, or grandparen

who has a serious healh condiion. Former Rep. Lynn Woolsey (D-CA) reinro-

duced her Domesic Violence Leave Ac, H.R. 3151, in he 112h Congress, which

would allow workers o use FMLA leave o care or onesel or a amily member


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who is suering he eecs o domesic violence, sexual assaul, or salking. And

Sen. Jon esers (D-M) Parenal Bereavemen Ac o 2011, S. 1358, in he 112h

Congress would amend he Family and Medical Leave Ac o include leave or

parens aer he deah o a child.

Anoher se o bills broadens he coverage o he Family and Medical Leave Ac oinclude more businesses or more ypes o workers:

Rep. Maloneys Family and Medical Leave Enhancemen Ac, H.R. 1440, inro-

duced in he 112h Congress, would exend FMLA coverage o workplaces wih

25 employees o 50 employees and would allow workers 24 hours o leave per

year o allow more parenal involvemen in heir childrens school or aciviies,

as well as rouine amily medical needs.

A similar bill, he Family and Medical Leave Expansion Ac, was inroduced

on he Senae side by Sen. Dodd in previous Congresses (S. 282 in he 109hCongress and S. 304 in he 108h Congress), bu no Senae version has been

inroduced since hen.

Te Family Fairness Ac, H.R. 389, in he 111h Congress, sponsored by Rep.

ammy Baldwin (D-WI), eliminaes he minimum-hours requiremens or

he Family and Medical Leave Ac so ha par-ime workers would become

eligible or qualied leaves a covered esablishmens. Tere was no compan-

ion bill in he Senae.

Wih one-hal o he workorce excluded rom FMLA coverage and many more

workers who canno access leave o care or he amily members closes o hem,

hese bills should be inroduced in he Senae and boh chambers should work

ogeher o move orward on he expansion o he Family and Medical Leave Ac.

Congress and he Obama adminisraion recenly showed heir leadership on

expanding he law by passing he Airline Fligh Crew echnical Correcions Ac,

which amends he so-called hours-o-service requiremen o he Family and

Medical Leave Ac specically o include igh crews, whose hours are calculaed

in a unique manner and as a resul were no covered by he original law. Tis billwas signed ino law on December 21, 2009, by Presiden Obama.


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Recommendations for concrete action: The executive branch

Encourage federal contractors to offer paid family leave

Execuive Order 11246 prohibis sex and race discriminaion in he ederal

conracor workorce and requires ederal conracors o pu in place afrma-

ive acion programs o improve he recruimen and reenion o minoriies andwomen.107 o dae, he ederal governmen has no advised ederal conracors o

consider he implicaions o he lack o amily leave and workplace exibiliy on is

workers, paricularly women.

Te ederal governmen could do much more o help ederal conracors gh sex

discriminaion and reach heir afrmaive acion goals or women. Firs, he Ofce

o Federal Conrac Compliance Programs could more rigorously invesigae

wheher pregnancy and amily caregiving discriminaion is occurring when i con-

ducs audis o ederal conracors. Second, he ofce could provide echnical ass

Documents

Our Working Nation in 2013