Paid Family Leave in the U.S.: What We Have and What Needs to Change
As a mom juggling work and raising kids, I know firsthand how challenging the notion of "doing it all" can be. I remember getting ready to have my first kid and trying to work up to the day I gave birth so I could save all my paid leave days for when she was here. I remember those 12 weeks going by too quickly. And I remember wishing my husband was able to take time off his job too to help.  Erin Erenberg, a founder of Chamber of Mothers (and a recent guest on our podcast), sees countless stories like mine. Some similar, some even more extreme. She is working with her team to bring change to the current Paid Family Leave policies in the United States - a highly needed change that crosses party lines. 

What is the Chamber of Mothers? 

Founded in November 2021, Chamber of Mothers is a nonpartisan 501(c)(3) that unites mothers as advocates to create a better America. Chamber of Mothers came together when a group of mothers, professionals, and online community leaders summoned everyday American mothers into advocacy as never before. The igniting event was paid leave being left out of Build Back Better legislation.  Reaching over 4 million mothers monthly, Chamber of Mothers harnesses the collective upset of mothers and shapes it into sustainable advocacy focused on maternal health, affordable childcare, and paid family and medical leave. They do this through local chapter advocacy across the United States, federal issue advocacy, and creative campaigns that shift the Overton window on a mother's power in America.  Daphne Delvaux, Esq., mothers' rights attorney and Chief Legal Officer of Chamber of Mothers, spearheaded a response to the bicameral Congressional Working group to highlight that: (1) a federal paid leave program already exists  (2) a comprehensive federal paid leave program can be achieved through the expansion of the existing program. It can be funded through shared payroll deductions or through implementation of the payment structure of a prior federal paid leave program (which was passed under the Trump administration)  (3) a federal paid leave program will result in fewer infant deaths  (4) a federal paid leave program will reduce the burden on businesses  (5) a federal paid leave program will keep people off public support which results after job loss (such as MediCal or WIC - caused by loss of healthcare and/or the need for food benefits).  “The Chamber of Mothers has chapters in 15 markets all over the country in states that are red, blue, and purple. Paid leave is never polarizing in these meetings of moms. In fact, it’s an issue that unites our communities to put aside progressive/conservative leanings. This is an “everyone” issue.” - Chamber of Mothers 

What’s the deal with Paid Family Leave right now in the US? 

If you're like me, you've probably noticed that paid family leave in the U.S. is pretty hit or miss. There’s no universal federal program, so it really depends on where you live. Some states like California, New York, and New Jersey have their own paid leave programs, but they vary a lot in what they offer.  For example, California’s program has grown over the years. Now, if you’re a low-income earner, you can get up to 90% of your wages while on leave. This has made a big difference for many families who couldn’t afford to take unpaid time off before. The Chamber of Mothers says, “California’s step-by-step approach showed that building public trust and making data-driven decisions can lead to a successful expansion of paid leave.”  But, not everyone is covered. Shockingly, 25% of new moms in the U.S. go back to work just two weeks after giving birth because they don’t have paid leave. Two weeks after birth our bodies are still healing.   

Lessons from States That Are Getting It Right (and Wrong) 

We can take some important lessons from states that have implemented their own programs. Oregon, for instance, faced delays in their program because of COVID-19, which led to a lot of confusion. On the other coast, New York’s gradual rollout avoided these issues by being slow and steady.  We’ve also seen federal efforts like the Families First Coronavirus Response Act (FFCRA) during the Trump administration, which provided temporary paid leave during school closures and for COVID-19 recovery. It was a rare moment of bipartisan support that showed paid leave can work on a national scale.  The data from the California benefits program shows as follows: fewer infant deaths, lower prenatal stress levels, higher rates of breastfeeding, fewer hospitalizations, increased parental involvement, better maternal health, less PPD, less poverty or food insecurity.  Businesses reported a positive or neutral impact on productivity. Further economic benefits include increased employee morale, lower employee turnover, boost labor force participation, more women in the labor market, etc.  Companies see reduced turnover and training costs, given the increased labor productivity- for example, 74% of parents say they have left or would leave a job to be more available for their child.   

So, what needs to change? 

According to Chamber of Mothers, here are some ways we can improve our current Paid Family Leave: 
  1. Expand Federal Programs: We need to build on what’s already there. The Federal Employee Paid Leave Act (FEPLA) is a good start, but it only covers federal workers. Let’s expand it to include everyone.
  2. Work Together: Any new federal program should work alongside state programs, not replace them. This way, states can keep their benefits and still get federal support, making it easier for families and employers.
  3. Broaden Eligibility: Right now, a lot of people don’t qualify for federal leave policies like the Family and Medical Leave Act (FMLA). We need to include part-time workers and employees at smaller companies.
  4. Longer Leave: Twelve weeks is a start, but research shows that families do better with at least six months of leave. Let’s aim higher!
“12 weeks is an arbitrary amount of time, not based on any specific medical milestone for babies and their parents. In fact, when a federal family leave program was first proposed in 1984, it was meant to be six paid months – which, even back then, the research supported as a minimum required to protect the health, safety, and careers of families (and thus, the economy). It also would have put the U.S. in line with other wealthy industrialized nations. Instead, 12 unpaid weeks were passed as a placeholder that became precedent. All that said, 12 weeks would be a vast improvement, particularly for the 25% of new American moms who take two weeks or less of leave after birth.” - Chamber of Mothers 

Real Stories from Real Parents 

To put a face on these issues, here are some stories shared by the Chamber of Mothers:  “When Amanda’s infant son died suddenly, she became a public advocate for paid family leave. Because Washington, D.C. has a paid leave program, both she and her husband were able, even in their grief, to know that they had spent every precious minute of their son’s life with him. That’s time they will treasure forever, and it helped them heal.”  “Jennifer, from Tennessee, experienced debilitating symptoms from autoimmune diseases. When she became pregnant and had a child, she did not have access to paid leave and was forced to return to work within a month of giving birth. The stress of not being able to recover while postpartum, and the premature separation from her newborn, aggravated her symptoms. Eventually, Jennifer had to leave her job as she could no longer be accommodated. She lost her job, and also her healthcare. She still needed care but was unable to pay her medical bills. She ended up needing government assistance to afford formula for her baby.”  “Priyanka, from California, had access to paid leave. When her doctor discovered that she needed in utero surgery for the protection of herself and her child, she was able to receive medical care without the stress of financial loss or job loss. The lack of paid leave could have resulted in her delaying care, which would have harmed her and her child. Instead, she was able to protect her child, her own health and also keep her job.”  “Sarah, from Michigan, worked as a waitress and had planned to take two months off, unpaid, after the birth of her child. Within a week, though, her husband lost his job, and she needed to return to work. As she was still healing, her colleagues pitched in to help carry the heaviest trays of food, but even still, every time she heard a child cry, her milk would leak and soak her uniform. Finally, she started lining her bra with disposable diapers.”  “Jeff, from Washington state, had access to paid leave. His wife was experiencing severe postpartum depression and psychosis, and Jeff was able to care for her and their newborn without the stress of having to financially provide for the family at the same time. He could keep his job which allowed him to focus on the health and needs of his family. Without this support, Jeff would have been forced to leave his wife and baby alone in potentially unsafe conditions.” 

Resources for Families 

If you're looking for support and more information, here are some great resources:  - National Partnership for Women & Families: They offer detailed guides on navigating paid family leave.  - Paid Leave for All: This organization advocates for federal paid leave policies and provides updates on what’s happening in Congress.  - Chamber of Mothers: A fantastic coalition that supports maternal rights and offers plenty of resources for moms.  Join the Chamber of Mothers HERE, support them HERE, and follow @chamberofmothers on Instagram to stay up-to-date on all their work. The details and response to Sen. Gillibrand's RFP on Paid Leave were written by Daphne Delvaux.