While Governor Corzine and some members of the legislature consider placing a paid family leave mandate on virtually all New Jersey employers, California's Governor is acknowledging that paid leave in the only state with an existing mandate needs reform. Today's San Fransisco Chronicle reports on the governor's veto of bills that would expand California's paid leave program.
"While some expansion of existing law may have merit, these laws in combination are too expansive and also fail to recognize the need for reforms to current law," Schwarzenegger wrote in a veto message shortly before his Oct. 14 deadline to act on bills from the 2007 legislative session.
California now requires firms with 50 or more workers to provide up to 12 weeks of unpaid leave for serious personal illness, bonding with a new baby or caring for a seriously ill dependent child, parent, spouse or domestic partner.
California also provides up to six weeks of paid family leave - funded through employee contributions to the state's disability insurance program - for baby bonding or care for an ill spouse, child, parent or domestic partner.
To contrast the existing New Jersey proposal with the California program, readers should know that NJ employers would be required to provide up to 10 weeks (versus 6) of paid time off to care for a newborn or newly-adopted child or sick family member. There would be no exception for small businesses, as there is in federal law. Also unlike federal law, part-time employees would be eligible to take up to 10 weeks of paid time off and the entire program is funded by a tax increase on workers.
Readers should also know that in the case of a newborn child, New Jersey is already one of about six states which provides paid maternity leave. The ten weeks of family leave would be in addition to the maternity leave.
Schwarzenegger cited the need to clear up confusion as layer upon layer of laws have been authored without much regard for what has already been written. The same situation could arise in New Jersey, as FMLA, Paid Family Leave and the Law Against Discrimination interact. For example, PFL advocates point out their bill is "business friendly" (despite businesses and business groups noting otherwise) because a small business would not have to guarantee a job be held open if leave is utilized.
Sounds fair, but in California the overwhelming majority of those using PFL were the mothers of newborn children. NJ's Law Against Discrimination has protections for pregnant women. The policies appear to contradict one another and would be ripe for lawsuits.
Isn't it time legislators answered some of these questions while chatting up their pro-business credentials on the campaign trail?