Durbin, Hayes Introduce Legislation To Expand Family Leave Protections
WASHINGTON – On the 32nd anniversary of the Family Medical Leave Act (FMLA), U.S. Senate Democratic Whip Dick Durbin (D-IL) and U.S. Representative Jahana Hayes (D-CT-05) today introduced bicameral legislation that would modernize FMLA for the 21st Century. The Caring for All Families Act will guarantee small necessities leave and make important updates to the definition of family to ensure a broader range of caregiving relationships are covered by FMLA’s protections.
Family caregiving needs have changed dramatically since 1993, when FMLA was first signed into law. Today, 50 million Americans are unpaid family caregivers, meaning that—if paid—these caregivers would make up 20 percent of the workforce. By 2030, adults over the age of 65 are projected to outnumber children in the United States for the first time in history. As family structures change and caregiving needs increase, so should the laws designed to help these families.
“No one should have to choose between caring for a loved one and losing their job,” Durbin said. “Family caregiving needs have become more demanding, and we need to update our laws to fit the needs of 21st century families. Congresswoman Hayes and I are leading an effort to expand family leave job protections through the Caring forAll Families Act, to ensure all workers have the same rights to fulfill their caregiving responsibilities.”
“The needs of families have changed in the last thirty years, but the law has not kept up. Every day, more than 50 million Americans juggle work and caregiving forfamily, a partner, or a friend. Under FMLA, almost half of American workers do not qualify for caregiver leave, and many are forced to sacrifice earnings to meet their responsibilities as caregivers,” said Hayes. “The Caring for All Families Act builds upon FMLA to allow more Americans leave to care for a loved one. I am grateful to Senator Durbin for partnering with me on this legislation, and I will continue to work to protect and expand the rights of workers.”
“The FMLA’s definition of family no longer represents the vast majority of American families. Over 80 percent of American households depart from a traditional nuclear family structure and many of us rely on so-called ‘chosen family’ to provide and receive care. This is particularly true for LGBTQI+ people and disabled people who are more likely to rely on chosen family networks for care,” said Sharita Gruberg, Vice President for Economic Justice at the National Partnership for Women & Families. “States are expanding family definitions in their paid leave programs to reflect the reality of our lives and care networks and it's time for Congress to pass the Caring forAll Families Act and catch up.”
The Caring for All Families Act would:
- Update FMLA’s definition of family to include a domestic partner, parent-in-law, aunt, uncle, sibling, adult child, grandparent, grandchild, son- or daughter-in-law, and other significant relationships; and
- Guarantee that parents and other family caregivers have the ability to take time off to attend a medical appointment or school function, such as a parent-teacher conference, without risk of losing their jobs.
Roughly 50 million family members, partners, or friends provide care to adults in the United States, with 61 percent of family caregivers maintaining a job outside of their caregiving duties. Notably, most family caregivers provide at least 20 hours of care each week, with many caregivers providing support to children as well as to aging family members. Women compose approximately 60 percent of family caregivers, and often face significant challenges including loss of retirement savings and lower potential lifetime earnings. Further, 11.6 percent of women over the age of 65 live in poverty, with caregiving responsibilities cited as a major contributing factor. Annually, unpaid caregiving by women is estimated to be valued at $643 billion.
Along with Durbin, the Caring for All Families Act is cosponsored by U.S. Senators John Hickenlooper (D-CO), Kirsten Gillibrand (D-NY), Jeff Merkley (D-OR), Richard Blumenthal (D-CT), Peter Welch (D-VT), Tina Smith (D-MN), Patty Murray (D-WA), Alex Padilla (D-CA), and Tammy Duckworth (D-IL).
Joining Hayes as cosponsors on the House version of the Caring for All Families Act are U.S. Representatives Eleanor Holmes Norton (DC), Bennie Thompson (MS-02), Danny Davis (IL-07), Don Beyer (VA-08), Melanie Stansbury (NM-01), Sheila Cherfilus-McCormick (FL-20), Chellie Pingree (ME-01), Sean Casten (IL-06), Mary Gay Scanlon (PA-05), Yvette Clarke (NY-09), Maxwell Frost (FL-10), Jim McGovern (MA-02), Seth Magaziner (RI-02), Jesús “Chuy” García (IL-04), Chris Deluzio (PA-17), Dan Goldman (NY-10), Adam Smith (WA-09), Andre Carson (IN-07), Jill Tokuda (HI-02), Dwight Evans (PA-02), Rosa DeLauro (CT-03), Pramila Jayapal (WA-07), Emanuel Cleaver (MO-05), Jimmy Gomez (CA-34), Ayana Pressley (MA-07), Bonnie Watson Coleman (NJ-12), Johnny Olszewski (MD-02), Sarah McBride (DE-AL), Lauren Underwood (IL-14), Delia Ramirez (IL-03), Steve Cohen (TN-09), LaMonica McIver (NJ-10), and Morgan McGarvey (KY-03).
The Caring for All Families Act is endorsed by the following organizations: National Partnership for Women & Families, National Organization for Women, MomsRising, National Employment Law Project, National Women's Law Center, Equal Rights Advocates, Center for WorkLife Law, Women Employed, Legal Aid at Work, A Better Balance, NJ Citizen Action, NJ Time to Care Coalition, The Center for Science in the Public Interest (CSPI), NC Families Care Coalition, Kansas Breastfeeding Coalition, Missouri Jobs with Justice, Paid Leave for All, Family Values @ Work Action, Caring Across Generations, Shriver Center on Poverty Law, United For Respect, Family Values @ Work, Mother Forward, MANA, A National Latina Organization, Family Forward Oregon, National Council of Jewish Women, Abortion Action Missouri, Center for American Progress, The Arc of the United States, National Education Association, Main Street Alliance, National Association of Social Workers, National Alliance for Caregiving, Center for Law and Social Policy (CLASP), Reproductive Freedom for All, AFT, American Association of University Women (AAUW), Campaign for a Family Friendly Economy, and Institute for Women’s Policy Research.
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