Paid Family and Medical Leave

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Paid Family and Medical Leave

When we first found out about [my husband’s dementia], like hey, this is what’s going to be coming down the pike. I told my manager I’m going to need more stability. For the most part, it’s okay.”
Retail worker, Ohio

Introduction

Paid family and medical leave (PFML) laws allow workers to take extended paid periods off work to meet caregiving obligations or address serious health conditions. Such laws complement but are distinct from paid sick leave laws, which are designed for more acute and short-term needs. Since 1993, the Federal Family and Medical Leave Act (FMLA) has provided job-protected, unpaid caregiving leave to covered workers, but strict eligibility constraints exclude half the workforce and do not provide for paid leave. The result is that the landscape of access to PFML for service sector workers is shaped by a patchwork of state laws and limited voluntary company policies.

The Shift Project’s large sample of hourly service workers collects detailed information on PFML qualifying events, leave use, and worker outcomes, offering unique insight into not only hypothetical access to PFML but also its actual uptake when needed.

PFML is Hard to Access and is Unequally Available

PFML in the service sector is hard to access. Shift Project researchers (2023) found that a minority of respondents who experienced qualifying events that would have merited leave-taking took sufficient leave, and 40 percent took no leave at all but wanted to.

Case study


Table 1. Leave Sufficiency and Compensation Type Amongst Survey Respondents

Percent
Leave Sufficiency
Sufficient Leave
21.2%
Insufficient Leave
38.4%
No Leave
40.4%
Leave Compensation
Paid Leave
19.4%
Unpaid Leave
40.2%
No Leave
40.4%
N
2595

Julia Goodman and Daniel Schneider. 2023. “Racial/Ethnic and Gender Inequities in the Sufficiency of Paid Leave During the COVID-19 Pandemic: Evidence From the Service Sector.” American Journal of Industrial Medicine 66(11):928–37.

In a Shift Project research brief (2021), we identified several factors that constrained workers’ capacity to take needed leave. As shown below, overall, 70% of workers who did not take any leave or did not take sufficient leave cited economic cost of time off. Large shares of workers also reported fear of losing their jobs (32%) as well as pressure to return to work (26%).

These constraints on leave-taking – from household finances and fear of retaliation – could be lessened by generous PFML policies. But, we found that even when a state does have PFML programs, there is limited awareness among workers of such laws’ existence.

Case study

New Jersey is at the vanguard of providing paid leave benefits in the United States. It offers expanded leave coverage for workers through its Family Leave Insurance program, Temporary Disability Insurance, and the New Jersey Family Leave Act. Yet, in a Shift Project research brief (2022), we found that many workers were unaware of these benefits. This lack of awareness cuts across demographic categories and industries.  But, we also see that Hispanic workers are least likely to be aware of the policy, that awareness is especially low among younger workers, and that union members are much more likely to be aware of the NJ PFML law than non-unionized workers.

 


Figure 1. Respondents That Have Heard of NJ Paid Family Leave Law by Worker Characteristics

Gender
Women
55%
Men
60%
Race
White
62%
Black
66%
Hispanic
46%
Other or Multiple Categories
60%
Education
HS/No Degree
52%
Some College
59%
Associates
68%
BA/MA
60%
Union Membership
Not in Union
53%
In Union
81%
Industry
Hardware
59%
Department Stores
57%
Grocery
70%
Clothing/Sporting
57%
Electronics
65%
Restaurants
48%
Pharmacies
54%
Miscellaneous Retail
55%
Age
18-29
45%
30-39
57%
40-49
71%
50-59
81%
60-69
70%
Language
English Second Language
59%

Elaine Zundl, Daniel Schneider, and Kristen Harknett. 2022. “Paid Family Leave and New Jersey’s Service Sector.” The Shift Project Research Brief.

Access to PFML in the service sector is unequal. We employed Shift Project data to figure out the size of gender and racial/ethnic gaps in workers’ ability to take leave when needed. In a (2023) paper we showed that women were more likely to take no leave or leave of insufficient length compared to men. We also found that Hispanic and Black workers were more likely to take insufficient or no leave at all, respectively, than White workers.

Workers Who Can Access Sufficient Leave Fare Better

Access to sufficient PFML improves workers’ economic security. Focusing on hourly workers who had experienced a qualifying medical or caregiving event, Shift Project researchers (2021) found that workers who took paid leave reported significantly less difficulty making ends meet and less hunger hardship than those who had similar serious health or caregiving needs but did not take paid leave. Workers who took leave were also less likely to report utility payment hardship than comparable workers who did not take leave.

Shift Project researchers (2021) found that among workers who were unsatisfied with their leave situation, 34% said they have gone hungry, 33% have deferred medical care, 42% have difficulty paying utility bills, 16% have doubled up with family to save on housing, and 7% have stayed in a shelter or other non-regular housing in the past 12 months.


Figure 2. Hardship Measures by Satisfactory/Unsatisfactory Leave Experience

Elaine Zundl, Daniel Schneider, Julia Goodman, Kristen Harknett, and Evelyn Bellew. 2021. “Paid Family and Medical Leave in the U.S. Service Sector.” The Shift Project Research Brief.

Access to sufficient PFML improves workers’ well-being. The benefits of being able to take paid leave extend beyond reduced economic hardship. Workers who take paid leave report better sleep quality than those who have similar serious health or caregiving needs but did not take paid leave; 33% of those who took paid leave describe their sleep as “good” or “very good,” as opposed to just 24% of those who did not take leave. Workers who take paid leave are also more likely to report being very or pretty happy (73%) than comparable workers who do not take leave (62%). Taking unpaid leave, in contrast, is not associated with better sleep or happiness outcomes relative to not taking leave at all.


Figure 3: Association Between Paid Leave and Economic Security/Wellbeing