4 pitfalls of paid leave and how clients can avoid them
Employers are using paid leave options to help boost their employee benefits packages in efforts to better attract and retain talent. Read the following blog post from Employee Benefit Advisor for 4 common pitfalls of paid leave and how employers can avoid them.
Smart employers are boosting their benefits packages with paid family leave — the most coveted work perk among all generations. In today’s low unemployment environment, paid leave benefits can be a huge differentiator in attracting and retaining talent.
But some employers are getting themselves into trouble in the process, facing accusations of gender discrimination or improper use of leave.
Here are four potential pitfalls of paid leave, and how employers can avoid them.
1. Be careful what you call “maternity leave.”
Employers have long been granting leave for new moms in the form of disability coverage. In fact, the top cause of short term disability is pregnancy. Disability insurance usually grants new moms six to eight weeks of paid leave to recover from childbirth.
Because this coverage applies to the medical condition of recovering from childbirth, it shouldn’t be lumped in with bonding leave.
Guidance from the Equal Employment Opportunity Commission says leave granted for new moms for bonding must also be extended to new dads, so separating disability leave from bonding leave is crucial to avoiding gender discrimination.
2. Don’t make gender assumptions.
The amount of bonding time for new parents after birth, adoption or fostering must be granted equally for men and women. Companies that don’t provide the same amount of paid leave for men and women may find themselves in a discrimination lawsuit.
It’s not just the time away from work that matters, but also the return-to-work support provided. If new moms are granted temporary or modified work schedules to ease the transition back to work, new dads must also have access to this.
Some companies may choose to differentiate the amount of leave and return-to-work support for primary or secondary caregivers. That’s compliant as long as assumptions aren’t made on which gender is the primary or secondary caregiver.
The best way to avoid potential gender discrimination pitfalls is to keep all parental bonding and related return-to-work policies gender neutral.
3. Avoid assuming the length of disability.
Be careful about assuming the length of time a new mom is disabled, or recovering medically, after birth. Typical coverage policies allot six to eight weeks of recovery for a normal pregnancy, so assuming a new mom may be out for 10 weeks might be overestimating the medical recovery time, and under-representing the bonding time, which must be gender neutral.
4. Keep up with federal, state and local laws.
Mandated leave laws are ever-evolving, so employers should consistently cross-check their policies with state and local laws. For instance, do local paid leave laws treat adoption the same as birth? Are multistate employers compliant? What if an employee lives in one state but works in another: Which state’s leave policies take precedence?
Partnering with a paid leave service provider can mitigate the risk of improperly administering leave. Paid leave experts can help answer questions, review guidelines and provide information regarding job-protecting medical or family leave.
They can also help flag potential pitfalls, ensuring leave requests from all areas of your company are managed uniformly and in accordance with state and federal laws, including the EEOC.
SOURCE: Bennett, A. (12 September 2019) "4 pitfalls of paid leave and how clients can avoid them" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/list/4-pitfalls-of-paid-leave-and-how-clients-can-avoid-them
Netflix exec: To boost diversity, employers must improve benefits
Are you implementing specific employee benefits in an effort to boost diversity and inclusion at work? According to Vice President of Inclusion Strategy at Netflix, Verna Myers, Implementing the right employee benefits could help employers boost workplace diversity and inclusion.
NEW YORK — Employers still have a long way to go when it comes to fostering diversity and inclusion at work — but implementing the right benefits could be a step in a positive direction.
That’s according to Vernā Myers, vice president of inclusion strategy at Netflix, who said companies should focus on rolling out new benefits that help employees at different life stages. While perks like free lunch are nice, they aren’t going to keep workers around long term, she said at a meeting with reporters Wednesday.
“It’s more about [having] a kind of system that acknowledges real life and what people’s needs are,” she said. “That builds a certain kind of loyalty and trust.”
So what should employers focus on? Myers said employees want holistic benefits that address life changes, including starting out careers and parenthood. Mental health and financial benefits also should be a priority.
So far, tech companies, startups and other progressive employers are doing this well. “Companies have realized they’re part of a life ecosystem, and that makes a big difference,” she added.
But employers may still have a long way to go. Myers, who is a Harvard trained lawyer, said she has heard of instances where male employees faced discrimination for taking advantage of benefits like paternity leave. Meanwhile, offerings like maternity leave have not always been industry standard, she said.
“People still don’t remember that we did not have maternity leave,” Myers said, recalling a conversation with a partner at a law firm who used three weeks of vacation time when she had her baby.
Myers said she has overwhelmingly found that while organizations are interested in bringing in more diverse workers, they often won’t make adjustments to benefits and culture in order to better accommodate these employees. Employers “were unwilling to do much of anything to adjust to the fact that they were inviting difference,” she said.
Survey data from PwC suggests that diversity and inclusion is a high priority for employers, but many can still do more to improve their programs. A full 74% of employers said diversity and inclusion is a priority at their company. But the consulting firm found that only 5% of the programs were reaching their full maturity when assessed against PwC’s model, which reviews factors including strategy and engagement.
But employers have shown interest in adding more inclusive benefits. Some — like Hewlett Packard Enterprise and Hilton — have invested in family-friendly offerings like expanded paid parental leave and breast milk shipping. Others are adding student loan repayment programs and coaching benefits.
Susan Eandi, the head of Baker McKenzie’s global employment and labor law practice in North America, said employers need to focus on employee engagement in benefits if they want to improve diversity and inclusion. As Generation Z enters the workforce, companies may see a shift toward stability. Unlike their millennial counterparts, who spearheaded flexible schedules and gig work, Gen Z workers are more cautious and want security in their jobs and benefits.
“They’re very cautious, concerned individuals who want financial security,” she said. “It will be a big shift for employers.”
Regardless, Myers said companies should continue to create safe spaces for all perspectives and backgrounds to influence decision making. “If employers allow for more opportunity and for people be treated more fairly, then everyone is going to benefit,” she said.
SOURCE: Hroncich, C. (15 May 2019) "Netflix exec: To boost diversity, employers must improve benefits" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/netflix-to-boost-diversity-employers-must-improve-benefits
Changes are coming to paid leave. Here’s what employers should know
Many states and local governments are enacting their own paid leave policies, making it difficult for employers to navigate employee paid leave. Read this blog post for what employers should know about the coming changes for paid leave.
A growing number of states and local governments are enacting their own paid leave policies. These new changes can be difficult for employers to navigate if they don’t understand the changes that are happening.
Adding to the confusion among employers, paid sick leave and paid family leave are often used interchangeably, when in fact there are some important distinctions. Paid sick leave is for a shorter time frame than paid family leave and allows eligible employees to care for their own or a family member’s health or preventative care. Paid family leave is more extensive and allows eligible employees to care for their own or a family member’s serious health condition, bond with a new child or to relieve family pressures when someone is called to military service.
The best-known type of employee leave is job-protected leave under the Family Medical Leave Act, where employees can request to take family medical leave for their own or a loved one’s illness, or for military caregiver leave. However, leave under FMLA is unpaid, and in most cases, employees may use available PTO or paid leave time in conjunction with family medical leave.
Rules vary by state, which makes it more difficult for multi-state employers to comply. The following is an overview of some new and changing state and local paid leave laws.
Paid sick leave
The states that currently have paid sick leave laws in place are Arizona, California, Connecticut, Maryland, Massachusetts, New Jersey, Oregon, Rhode Island, Vermont and Washington. There are also numerous local and city laws coming into effect across the country.
In New Jersey, the Paid Sick Leave Act was enacted late last year. It applies to all New Jersey businesses regardless of size; however, public employees, per diem healthcare employees and construction workers employed pursuant to a collective bargaining agreement are exempt. As of February 26, New Jersey employees could begin using accrued leave time, and employees who started after the law was enacted are eligible to begin using accrued leave 120 days after their hire dates.
Michigan’s Paid Medical Leave Act requires employers with 50 or more employees to provide paid leave for personal or family needs as of March.
Under Vermont’s paid sick leave law, this January, the number of paid sick leave hours employees may accrue rose from 24 to 40 hours per year.
In San Antonio, a local paid sick leave ordinance passed last year, but it may not take effect this August. The ordinance mirrors one passed in Austin that has been derailed by legal challenges from the state. Employers in these cities should watch these, closely.
Paid family leave
The five states that currently have paid family leave policies are California, New Jersey, Rhode Island, New York, Washington and the District of Columbia.
New York, Washington and D.C. all have updates coming to their existing legislation, and Massachusetts will launch a new paid family program for employers in that state. In New York, the state’s paid family leave program went into effect in 2018 and included up to eight weeks of paid family leave for covered employees. This year, the paid leave time jumps to 10 weeks. Payroll deductions to fund the program also increased.
Washington’s paid family leave program will begin on January 1, 2020, but withholding for the program started on January 1 of this year. The program will include 12 weeks of paid family leave, 12 weeks of paid medical leave. If employees face multiple events in a year, they may be receive up to 16 weeks, and up to 18 weeks if they experience complications during pregnancy.
The paid family leave program in Massachusetts launches on January 1, 2021, with up to 12 weeks of paid leave to care for a family member or new child, 20 weeks of paid leave for personal medical issues and 26 weeks of leave for an emergency related to a family member’s military deployment. Payroll deductions for the program start on July 1.
The Paid Leave Act of Washington, D.C. will launch next year with eight weeks of parental leave to bond with a new child, six weeks of leave to care for an ill family member with a serious health condition and two weeks of medical leave to care for one’s own serious health condition. On July 1, the district will begin collecting taxes from employers, and paid leave benefits will be administered as of July 1, 2020.
Challenging times ahead
An employer must comply with all state and local sick and family leave laws, and ignorance of a law is not a defense. Employers must navigate different state guidelines and requirements for eligibility no matter how complex, including multi-state employers and companies with employees working remotely in different jurisdictions.
These state paid leave programs are funded by taxes, but employers must cover the costs of managing the work of employees who are out on leave. While generous paid leave policies can help employers attract talent, they simply don’t make sense for all companies. For example, it can be difficult for low-margin businesses to manage their workforces effectively when employees can take an extended paid leave.
Not only must employers ensure compliance with state and local rules, but they also must make sure that their sick time, family and parental leave policies are non-discriminatory and consistent with federal laws and regulations. That’s a lot to administer.
Employers should expect to see the changes in paid sick leave and family leave laws to continue. In the meantime, companies should make sure they have the people and internal processes in place right now to track these changes and ensure compliance across the board.
SOURCE: Starkman, J.; Johnson, D. (2 May 2019) "Changes are coming to paid leave. Here’s what employers should know" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/what-employers-need-to-know-about-changing-paid-leave-laws?brief=00000152-14a7-d1cc-a5fa-7cffccf00000
The surprising big winner when men take paternity leave
Originally posted August 7, 2014 by Bruce Jacobs on https://www.benefitspro.com
The U.S. Chamber of Commerce warns that paid paternity leave will be a job killer, cost businesses too much, increase administrative burdens, and lower wages for workers who have to foot the bill for a perk that not every employee can access equally.
Yet, if paid paternity leave ever becomes a benefit as commonplace as two-weeks’ vacation or a 401(k), the big winner, suggest researchers and scholars in the field, will be business itself.
Though the 1993 Family and Medical Leave Act entitles employees of either gender to take up to 12 weeks of unpaid parental leave to care for a newborn, and the Equal Employment Opportunity Commission recently issued “time for care” guidelines calling for equal parental leave for both genders, new dads are still expected to bring home the bacon, not cook it.
Josh Levs, a CNN journalist, notes that numerous studies have shown that men who return to work after paternity leave are often treated dismissively by their colleagues and bosses, and all too frequently suffer damage to their reputations, reduced job responsibilities, and even demotions.
Levs, who also writes the blog ‘levsnews,” and is working on a book about the male role in parenting, isn’t just venting. When CNN parent Time-Warner denied his request for paid paternal leave, he filed a complaint with the EEOC alleging discrimination against fathers, one of the first suits brought under the new guidelines.
A scant 16 percent of U.S. companies offer paid paternity leave, according to statistics from the Society for Human Resource Management, but loss of income isn’t the main reason why most men don’t take paternity leave. Ridicule from peers, fear of career suicide, and the cultural expectations of a man’s role in society concoct a brew far more potent than money in keeping men wing-tipped and in the conference room.
“There’s still a powerful stereotype that real men work; real men earn wages,” says Brad Harrington, director of Boston College’s Center for Work and Family, and one of the authors of the 2011 study, The New Dad: Caring, Committed and Conflicted. The report found that only “one in 20 fathers took more than two weeks off after their most recent child was born. Only one in a 100 took more than four weeks off.”
That’s beginning to change, particularly among millennials, those born between 1982 and the early 2000s, a cohort of workers larger and potentially more influential on the future of the American workplace than even the huge wave of soon-to-be retiring baby boomers.
Surveys by PricewaterhouseCoopers reveal that 70 percent of millennials place great importance on flexible work environments, as do 60 percent of baby boomers. But unlike boomers, millennials are willing to quit — or sue — if an employer fails to accommodate a balance between work and personal life.
A few cited examples:
- With no paid paternity leave offered by his company, 34-year-old newspaper reporter Aaron Gouveia stitched together vacation and sick time to be home with his first child. Before his second kid was born, he quit and joined a company that offered paid paternal leave.
- When Jim Lin, 41, a public relations specialist and publisher of the Busy Dad blog, wanted to take a couple days off to help care of his ailing son, his boss dismissed the request as something Lin’s wife should handle. Lin eventually quit. “I just didn’t want to be in that kind of environment,” he says.
- Though he didn’t quit his job, New York Mets second baseman Daniel Murphy had to endure withering heat from media big mouths when he missed the first two games of opening season to be with his wife during the birth of his first child.
The increasingly willingness of at least some male employees to take paternity leave will inevitably lead to a necessary cultural shift regarding paternity leave, industry insiders say.
Already, California, Rhode Island and New Jersey have been leaders of this trend by mandating paid parental leave in their states for mothers and fathers alike.
Governors of these three states may be paying heed to some surprising results of a report issued late last year by the World Economic Forum, which conducted extensive research on the global gender gap. Countries that found ways to keep women in the workforce after they became mothers, the study revealed, tend to have the strongest and most resilient economies worldwide.
But that’s not the big surprise: It’s the role paid paternity leave played in strengthening those economies. By offering it, encouraging it, and normalizing it, those countries enjoyed increased commercial vitality.
But why? With more women in the workplace, more women holding advanced degrees, and more women often earning salaries greater than their husbands, women employees are increasingly key to the success of many businesses. Yet, according to a 2007 study, 60 percent of professional women who left their careers after their baby was born said they stopped working because their husbands were not available to share childcare and household responsibilities.
Paternity leave “shapes domestic and parenting habits as they are forming,” writes Liza Mundy, author of "The Richer Sex: How the New Majority of Female Breadwinners Is Transforming Sex, Love and Family." Because men who take paternity leave are developing lifelong habits of shouldering more of the childcare and household responsibilities, she argues, working women can return to their careers confident that they aren’t the only ones responsible — and able — to raise children and maintain a household.
A recent report evaluating a paid paternity leave program in Iceland, in which 90 percent of all father take part, found that three years after the start of the program, 70 percent of parents who live together continue to share childcare and household duties. That’s an increase of 40 percent from the start of the program.
Though research indicates that women, men and children all win in that scenario, the biggest winner is business. Half the workforce — highly educated women — return to their desks, contributing skill, energy and acumen to the economy.
