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Frequently Asked Questions - The FAMILY Act

Sponsored by Sen. Kirsten Gillibrand (D-N.Y.) and Rep. Rosa DeLauro (D-Conn.), the proposed Family and Medical Leave Insurance (FAMILY) Act would create an insurance program enabling workers to take up to 12 weeks of paid time away from work in order to care for a loved one or bond with a new child.

This document is intended to answer any questions small employers might have about the proposed program and its effects on small business owners and their workers.

Where can I find additional information about family medical leave?

What effects would FAMILY have on employees?

  • Employees who need to take leave to care for a loved one or welcome a new child would be able to do so without having to worry about whether they will be able to pay their bills.

Are there any examples of successful paid family leave programs?

Yes. California and New Jersey have family leave insurance programs. In addition, Rhode Islandcreated a family leave insurance program that took effect in January 2014. California’s Paid Family Leave program has been in effect for 10 years. New Jersey’s Family Leave Insurance program has been in effect for five years. Both programs have been implemented successfully. Evidence suggests that neither California nor New Jersey’s program has imposed a burden on businesses, and both have had significant benefits for employees. Moreover, many employers find that the program is actually good for their businesses, boosting employee loyalty and lowering turnover.

What effects will FAMILY have on businesses?

  • Based on the experience of businesses in California and New Jersey, states that have paid family medical leave programs in place, such a program is unlikely to have a significant effect on businesses across the nation. Many small businesses that previously could not afford to offer paid leave to their employees would be able to offer the benefit through such a program. This helps small businesses compete for the best employees, and gives employers peace of mind that they are doing what’s best for their workers. Employers that already offer paid family leave can expect to see cost savings.
  • A recent poll conducted for Small Business Majority found a plurality of small businesses support publicly administered family and medical leave insurance pools paid with payroll contributions by employees and employers. More small business owners support (45%) than oppose (41%) creating publicly administered family and medical leave insurance pools funded by contributions shared by employees and employers—with each contributing just one-fifth of 1% of an employee’s wages.
  • What’s more, a majority of small businesses have some type of policy—formal or informal—in place when it comes to family medical leave—time an employee would take to care for a family member with a serious illness or caregiving need. More than two-thirds of small business owners have either a formal written policy, a consistent but not written policy or informal policy provided on a case-by-case basis to provide family medical leave. Of the small business owners who do offer family medical leave, nearly four in 10 offer full or partial pay and 26% offer pay depending on the employee.

How would the new Paid Family Medical Leave program work?

  • The FAMILY Act would establish the Office of Paid Family and Medical Leave within the Social Security Administration. Payroll contributions for the program would cover both insurance benefits and administrative costs. 
  • The FAMILY Act would enable workers to earn 66% of their monthly wages, up to a capped amount. The capped monthly benefit would be indexed to inflation. The program would be funded by small contributions by employers and employees of just two-tenths of 1% each (two cents per $10 in wages), or about $1.50 per week for a typical worker.

Which employers would be covered under the law?

The proposed FAMILY Act would apply to all employers, regardless of size. 

What is the Family and Medical Leave Insurance Act?

The FAMILY Act would establish the first national insurance program that would provide workers with partial wage replacement for up to 12 weeks to take care of their own serious health condition, the serious health condition of a family member, the birth or adoption of a child or to address certain issues related to family members’ military service. A family member constitutes child, parent, spouse or domestic partner.