June 25, 1999
Enacted in 1993, the Family and Medical Leave Act ensures that eligible workers have the right to take up to 12 weeks of unpaid leave to care for a new baby, an adopted child or a foster child. The Act also ensures the same amount of unpaid leave to care for a seriously ill child, spouse, or parent. In addition, the Family and Medical Leave Act guarantees that eligible workers can take 12 weeks of unpaid leave in the event of their own serious illness. Despite the need of the Act for Hispanic workers, a review of the Act and demographic data shows that many Hispanic workers don't benefit from the Act because they work in firms of less than 50 employees or because their wage level makes it impossible to take unpaid leave.
To qualify for benefits under the Family and Medical Leave Act, a worker must work for a company with at least 50 employees, must have been on the job for at least 12 months, and must have worked a minimum of 1250 hours (within 75 miles of the work site) in the past year or about 24 hours per week. A qualified employee taking family leave has the right to keep health insurance provided by the employer prior to the leave period. Also, any qualified employees taking this protected leave has the right to return to the same job or a similar job with identical pay, status, and benefits.
This legislation was enacted to address the increasing problems confronting American workers as they attempt to balance work and family priorities. The pressures to balance work and family responsibilities have been exacerbated by the dramatic entry of women into the workforce. The number of women in the labor force almost doubled over the past two decades, soaring from some 31 million in 1970 to more than 57 million in 1991. From Connecticut to California, many women in the workforce have children or are of childbearing age. By 1992, 54 percent of mothers with a one-year-old child or a younger infant were already in the workforce. As we approach the millennium, that number continues to soar. Likewise, the number of working women who provide the sole support for their families continues to grow.
Hispanic women figure prominently in the changing demographics of the American workforce. As members of one of the fastest growing population groups in the nation, women of Hispanic origin continue to enter the American labor force in increasing numbers. The total employment rate for Hispanic women increased 65 percent from 1986 to 1996. The Labor Department estimates that number will soar an additional 43 percent from 1996 to 2005, signaling an increase from 4.6 million to 6.9 million Hispanic women in the paid workforce are employed in service occupations or technical, sales, or administrative support jobs. Most of these jobs offer low wages primarily because they require few skills and little training. In 1996, workers in these low-skilled jobs had median earnings of only $240 to $406 per week. Also, these occupations tend to be associated with small businesses that often lack the resources to offer generous benefit packages and leave policies. Yet labor economists project that these are the very jobs that will increasingly be in demand over the next five to ten years.
The employment status of most Hispanic women prevents them from taking advantage of rights afforded by the Family and Medical Leave Act to care for a newborn baby, a seriously ill child, or a spouse. First, far too many Hispanic women work in firms with fewer than 50 employees and thus fail to qualify for federally protected leave. The small business exemption for the Family and Medical Leave Act would have to be lowered from 50 to 15 before many Hispanic women could be afforded its protections. Other federal civil rights statutes for this reason use a benchmark of up to 15 employees as the cutoff for small business exemptions. Second, given the low wages associated with the jobs in which two out of three Hispanic women find themselves, very few could afford to take unpaid leave even if they qualified for it. In light of the recent increase in the number of Hispanic women providing the sole support for their families, such low wages also represent a significant threat to their health and well-being. Between 1985 and 1995, the number of Hispanic families solely supported by women increased from some 900,000 to 1.5 million. Thus, one out of every four Hispanic families relies on the female head of household for its entire economic support.
Although Hispanic men who qualify under the Family and Medical Leave Act are equally entitled to take unpaid leave, many are unable to forgo their pay checks for even a week, let alone 12 weeks. As a result, members of a 1996 Congressional Commission that reported on the impact of the legislation concluded that Hispanic workers are the least likely group of Americans to benefit from these federally mandated protections. Even for Hispanics who qualify, it is unclear whether sufficient outreach has been conducted in language appropriate or culturally sensitive ways to ensure all workers are educated about their rights under the law.
Despite the failure of the Family and Medical Leave Act to protect millions of working Hispanic men and women, other state protection exist. Puerto Rico and states such as California, Hawaii, New Jersey, New York, and Rhode Island provide partial wages for employees off work for medical problems, including pregnancy. For additional information on the relevant policies in your state, contact your state or local civil rights office. Also, federal and state laws do protect all pregnant women who work in firms with 15 or more employees from being fired or from refusal to hire. If you feel you are being discriminated against because you are pregnant or need additional information on the Family and Medical Leave Act, please contact the Women's Bureau at 1-800-827-5335.
(Reprinted from "The COSSMHO Reporter" Vol. 24, No. 2, April, 1999-June 1999).
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