Bargaining for Family Leave
by Labor Project for Working Families and the AFL-CIO Working Women's Department, Fact Sheet. (Original available at http://www.aflcio.org/women/f_fam.htm)In This Document: Fact sheet on family leave for purposes of contract negotiation, prepared by the Labor Project for Working Families and the AFL-CIO Working Women's Department. It includes an explanation of the need for family leave options in a changing work force, facts on family responsibilities of employees and who is covered by the current Family Leave Act, sample bargaining strategies that emphasize different family leave options, and actual examples of negotiated contracts that employ the options described. "Unions continue to bargain for family and medical leave, recognizing that the FMLA is still not enough for most working families."
Related Documents:Why Is Family Leave Important?
Family Leave Bargaining Strategies
Labor Project for Working Families on Bargaining for Child Care
Labor Project for Working Families on Bargaining for Alternative Schedules
Why Is Family Leave Important?
Family leave allows employees to take time off from work to care for their families or recuperate from serious illnesses with a guaranteed job when they return. The Family and Medical Leave Act of 1993 (FMLA) now gives eligible working people some rights to unpaid leave. However, unions continue to bargain for family and medical leave, recognizing that the FMLA is still not enough for most working families.
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Almost 41 million Americans are not covered by the FMLA because they work for private employers not covered under the law. This amounts to more than 40 percent of the private-sector workforce nationwide.
- Every industrialized country in the world except the United States has some form of paid parental leave with a guaranteed job on return to work.
- Among employees who need but do not take FMLA leave, 63.9 percent say they cannot afford the wage loss. Union membership is one of the best predictors for being able to afford to take FMLA leave without such hardship.
Family Leave Bargaining Strategies
Strategy 1: Family leave. Family leave gives an employee the right to take time off from work to care for a newborn or newly adopted child, to care for a family member who is seriously ill or sometimes for other personal reasons.
Family Leave Contract Example
Strategy 2: Parental leave (paid and unpaid). Parental leave is taken by mothers and fathers to care for newborn, newly adopted or foster care children. It is very effective in reducing turnover, training costs and absenteeism. Five states provide temporary disability leave for women for pregnancy or childbirth. Some contracts also contain provisions offering this benefit. Temporary disability leave often is used in combination with parental leave. The best parental leave language provides for paid leave, but many contracts offer unpaid leave as well.
Paid Parental Leave Contract Examples AFSCME Council 31 negotiated for two weeks of paid maternity or paternity leave for eligible Illinois state employees. Eligible employees need to be enrolled in the state HMO. The benefit is also available for adoption. (American Federation of State, County and Municipal Employees Council 31 and the State of Illinois)
Strategy 3: Part-time return to work. Many new parents want to work part-time after children are born or adopted. Unions have bargained for part-time return to work for new parents.
Part-Time Return to Work Contract Example
Strategy 4: Short-term leave. Working families often need the flexibility to take short periods of time off from work, such as a day or two, a half day or just a few hours. Unions have bargained contracts allowing members to take time off for various personal reasons, including school-related activities and adoption proceedings.
Leave for Parent-Teacher Conferences Contract Example
Leave for Adoptive Court Appearances Contract Example
Strategy 5: Donated leave and leave banks. Some union contracts allow employees to donate their own leave directly to another employee who has used all of his or her own leave or to a leave bank. Donated leave and leave banks usually are reserved for employees experiencing serious family or personal crises.
Donated Leave Contract Example
Strategy 6: Expanded definition of "family." The traditional idea of "family" as composed of a mother, father and several children does not describe many of today's working families. The definition of family in leave clauses is being broadened to include many different kinds of relationships.
Expanded Definition of Family Contract Example
Strategy 7: Paid time off (PTO). PTO generally combines sick and personal leave time and is separate from other vacation time employees may have. It can be used for any personal reason, such as caring for a sick child or recuperating from one's own illness.
Paid Time Off Contract Example
Strategy 8: Sick time to care for sick family members. Unions have negotiated to allow workers to use their own sick time to care for sick family members.
Sick Time to Care for Sick Family Members Contract Example
Strategy 9: Leave for a special cause. Sometimes working people need leave to deal with particular family-related issues. Unions have bargained for leave to betaken in special situations, such as for families suffering from domestic violence.
Leave for Domestic Violence Victims Contract Example
For More Information
The Labor Project for Working Families
IIR, 2521 Channing Way #5555
Berkeley, CA 94720510-643-6814
website: http://socrates.berkeley.edu/-iir/workfam/home.html
The AFL-CIO Working Women's Department
815 16th Street N.W.
Washington, D.C. 20006 (202) 637-5064
website: http://www.aflcio.org
This fact sheet was prepared by the Labor Project for Working Families and theAFL-CIO Working Women's Department.
USWA Local 12075 negotiated an agreement with the Dow Chemical Company allowing for up to 24 weeks of unpaid family leave for full-time employees who had worked at least 1,000 hours during the previous year. This leave may be taken by parents of newborn or newly adopted children or by employees who need to take care of seriously ill family members including natural, adopted or stepchildren, spouses or an employee's or spouse's parents.(United Steelworkers of America Local 12075 and Dow Chemical)
AFM Local 6 negotiated for 13 weeks paid maternity leave for female employees after the birth of a child. Birth fathers and adoptive parents receive one week paid leave after the birth or adoption of a child. (American Federation of Musicians Local 6 and the San Francisco Symphony Orchestra)
The Newspaper Guild Local 52 negotiated a contract allowing a new mother or father to work part-time until his or her child is in kindergarten. (Northern California Newspaper Guild Local52 and the San Francisco Chronicle and Examiner)
SEIU Local 790 bargained for paid time off for parents and legal guardians to attend conferences with teachers about their children. The benefit allows for release time of up to two hours per semester without loss of pay, if supporting documentation is provided. (Service Employees International Union Local 790 and the San Francisco Unified School District)
The IBEW Local 1245 won up to eight hours of paid time off for employees to make court appearances in the course of adopting children. (international Brotherhood of Electrical Workers Local 1245 and Pacific Gas & Electric)
NYSNA negotiated with St. Luke's-Roosevelt Hospital to create a policy allowing an employee to donate his or her unused sick leave to another employee suffering from a catastrophic illness.(New York State Nurses Association and St. Luke's-Roosevelt Hospital Center)
Local One of the Public Employees union bargained with the Berkeley, California, School District to define immediate family as: the mother, father, grandmother or grandfather of the employee or of the spouse of the employee; the spouse, domestic partner, son or daughter of the domestic partner; the son, son-in-law, daughter, daughter-in-law, brother or sister of the employee; or any relative living in the immediate household of the employee. (Public Employees, Local One, and the Unified School District of Berkeley)
HERE Local 2 bargained for paid time off that can be used at the employees' discretion for any reason, including emergency illness. Employees receive eight to 12 days of paid time off annually, depending on seniority, in addition to vacation time. (Hotel Employees and Restaurant Employees Local 2 and San Francisco Hotel Multi-Employer Group)
IUOE Local 564 won a leave policy under which an employee may use five of his or her personal sick leave days to care for an ill or injured spouse or child. Employees may use these days in half-day increments. (international Union of Operating Engineers Local 564 and Texas Dow)
AFSCME and SEIU won leave time from the State of Massachusetts for members who become victims or whose children become victims of domestic violence. Members may take up to IO sick days each year for legal and other activities. (AFSCME, SEIU and the Commonwealth of Massachusetts)