Outdated FMLA and Workplace Laws Hurt Families, Workers, and the Public

For as great and powerful a nation as the United States is supposed to be, we are significantly deficient in our treatment of part-time, low wage, and family-having workers. (Not that this is the only area that needs improvement -- I'm looking at YOU Health Care "Reform.") A new report put out by the American Constitution Society finds that we don't even rank among our peers in the world.

While 177 nations guarantee paid maternity leave to women, and almost half offer paternity leave, the United States would rather succeed on the backs of free labor and unpaid caregivers -- primarily women and mothers -- than update its laws to catch up with the rest of the world.

The existing laws for workplace norms and leave were made over 50 years ago, when your typical family and worker looked a little more like The Donna Reed Show, while today's families might look more like early seasons of the Gilmore Girls (with less TV magic). The Family Medical Leave Act offers unpaid leave to women after giving birth and to other workers after things like surgery, but that does little good to workers who can't afford to miss a paycheck.

Our FMLA won't do an iota of good if a single parent has to decide between missing a vital paycheck and pretending that forehead doesn't feel warm, just to send a kid to day care or school. We hear the warnings every Flu Season (especially this year, with the H1N1 warnings): that if you or a child is sick to stay home and not risk infecting others at school or work. Our outdated work and leave laws are not only harming families, but they are a risk to public health.

163 countries guarantee a minimum number of paid sick days; we have no guarantees of paid sick time in the U.S. Among those whose jobs do offer paid sick days, 30% of them can't use it for caring for a sick child or other family member. We don't sound so great to me. But maybe I am jaded from being that mom who couldn't dream of such benefits until she joined the military.

All of this says nothing of those trying to make accommodations for caring for an aging parent or a disabled family member. Many workers (men too) are passed over for promotions or are given less than deserved reviews because they have to adjust their work day to be home to help with the care of that person.

In fact, compared to legislation in other nations in the world, the FMLA pales in comparison, and, in fact, is rather pathetic. The U.S. comes in almost dead last. Where other countries offer weeks and weeks of paid leave, the U.S. offers ... zero. How is it that we, one of the most industrialized nations in the world, are able to smile knowing that we treat our workers so poorly and profit so well from unpaid, underpaid, and unprotected workers? How does a nation that claims to promote "family values" not pass policy on the federal level that will protect and help the families that are struggling under it's current, outdated laws?

We need to stop pretending that we are doing enough by our workers and families, and that those two don't intersect. Workers and families are not mutually exclusive, and it is long past time that our workplace and family leave policy and laws reflected that. Then our families, workers, and, frankly, everyone can benefit from a society that runs smoothly.

Photo: striatic's photosteam on Flickr