Aiming to attract and keep top-notch talent, a growing number of companies are dangling family-friendly perks such as lengthy paid leave for new moms and dads, back-up child care and onsite infant vaccines. But the attention-grabbing headlines — such as “IBM plans to ship employees’ breast milk home” — obscure the reality that for many workers, basic benefits such as guaranteed parental leave, even unpaid, is unavailable.
In California, long a trailblazer on family leave issues, work-life advocates suffered a setback recently when Gov. Jerry Brown vetoed a bill last month that would have allowed workers at businesses with between 20 and 49 employees to take up to six weeks off after the birth or adoption of a child without losing their jobs.
In his veto message, Brown said he was worried about the impact on small businesses. The California Chamber of Commerce opposed the bill, calling it a “job killer” because it would impose another protected leave of absence on small businesses. The chamber didn’t respond to a request for comment.
Small businesses, however, didn’t necessarily agree with that assessment.
“Small employers need to compete for talent and they want to be able to offer their employees the whole suite of benefits,” said Mark Herbert, California director of the Small Business Majority, an advocacy group.
Although the organization didn’t take a position on the bill, Herbert said the financial consequences of such a law might be positive for small businesses. That’s because employers don’t pay workers’ wages while they’re on family leave.
Workers at larger employers already have job protection during parental leaves under federal law. The Family and Medical Leave Act allows workers at companies with 50 or more employees to take up to 12 weeks off without pay following the birth or adoption of a child or to care for themselves or a family member with a serious health condition without jeopardizing their job.
California takes it a step further. It’s one of just four states that replace a portion of workers’ wages while they’re on unpaid family leave. New Jersey, Rhode Island and, beginning in 2018, New York, are the other states. Washington state also has passed a law but never funded it.
In California, workers at companies of all sizes who take family leave can receive up to 55 percent of their wages, going up to a maximum 70 percent in 2018, for up to six weeks to care for a newborn, newly adopted or foster child or ill family member. The program is financed by a payroll tax on employees that was added to the state’s existing temporary disability program.
Workers at smaller companies are just as entitled as anyone else to the state payments during a family leave, but those who use the benefit can find themselves out of work. In some cases, workers reluctantly use their more limited paid vacation instead of taking family leave.
When Charles and Angelique Anderson’s daughter was born in July, Charles asked his Sacramento company for a month off to bond with the baby. But the debt collection company he works for turned down his request because, he said, they told him his office of roughly 30 workers isn’t bound by the family leave law. So when the baby was born, Anderson, 32, took just a week of vacation before returning to his job.
“I was angry,” said Anderson, who’s worked at the firm since 2007. “Now I have my first baby and they deny me leave because it would have hurt their money.”
A survey of 250 California employers in 2010 found that roughly 90 percent reported no problems with morale, productivity, profit or costs because of the family leaves. That’s generally consistent with national employer surveys about family leave laws.
Nationally, just 13 percent of private sector workers have access to paid family leave, while 87 percent have access to unpaid family leave, according to the U.S. Department of Labor’s annual national compensation survey of employee benefits.
Sixteen percent of workers who were eligible for leave under the federal Family and Medical Leave Act in 2012 took it, usually because of their own illness. Of those, about one in five took leave because of pregnancy or a new child, according to a report prepared by Abt Associates for the Department of Labor.
Although big-name companies offer generous paid family benefits — sometimes months of leave for both parents — many workers can’t take more than a few days off, even without pay.
But work-life advocates say they’re encouraged by generous corporate perks.
“It’s a cultural shift,” said Maya Raghu, director of workplace equality at the National Women’s Law Center. “Some employees don’t see this as a benefit but as a necessity.”
For their part, California advocates aren’t giving up on small business protections. “Instead of being sad, people feel really energized,” said Jenya Cassidy, director of the California Work and Family Coalition, which advocated for the bill. “We’re still not done.”