Langley: Paid Leave Bill Still Excludes Many

 

Compared to other developed nations, the U.S. is less exceptional than it would appear. As time goes on, the criticism levied against America has begun to sound more reasonable.

However, we lack more than most in one area: guaranteed paid leave. Out of 195 countries, only six don’t nationally guarantee paid leave for workers. In the face of this nationwide deprivation, Sen. Stephanie Pitcher wants to give victimized public employees in Utah what workers around the globe enjoy.

While it would be a tremendous step forward for Utah if passed, S.B. 174 provides few workers with a fraction of what they deserve. Utah needs to modernize the rights of workers. S.B. 174 is a step in the right direction, but it is not enough.
Who Stands to Benefit 
S.B. 174 requires state employers to provide employees with a week of paid safe leave. This leave is allotted to employees if they or an immediate family member has recently experienced sexual assault, domestic violence, stalking or human trafficking. The bill calls it a safe leave. It allows employees to seek mental health services or legal recourse. It also cannot be removed from any other type of leave or benefits, protecting workers from employer punishment or determent. However, workers can’t cash out on unused paid leave time upon termination.

In an interview with Sen. Pitcher (D-Salt Lake City), she explained her motivation behind sponsoring the bill.

“For people who live paycheck to paycheck, it’s really hard to take a day or two off to go testify in court,” she said. “To provide that continuity and economic stability for somebody who’s going through potentially one of the hardest times of their lives is really important.”

Pitcher said the primary inspiration behind S.B. 174 was Utah’s parental leave program. This program is also limited to state employees. Other states like New York, Washington and Minnesota have family and medical leave programs similar to that proposed in the bill. However, while many states protect workers on leave from replacement, they do not guarantee pay during these times of crisis.
Drawbacks of the Bill 
Some state employees may have difficulty obtaining the benefits. Others won’t benefit from this bill at all. 

For one, workers must give a seven-day notice before taking a safe leave unless otherwise prevented. Additionally, part-time employees stand to receive a portion of what full-time employees do. This allows employers to determine how much safe leave they confer to part-time workers. The bill also excludes employees of higher education institutions and both boards of education.

These drawbacks open the possibility for various issues. Part-time workers who are already exempt from other forms of leave may not have time to get comprehensive treatment. The average stay at psychiatric hospitals can be days or weeks long, depending on the severity of the patient’s status. At best, affected workers may have to start using their accrued sick leave part-way through their treatment. This assumes they have enough or any leave in the first place.

Another problematic element of limiting part-time employees’ access to safe leave is the fact that far more part-time workers have disabilities. Given that those with disabilities are also far more likely to be victims of sexual assault, there begins to form a glaring issue in the perceived priorities of this bill. On the one hand, the bill pushes for the protection of vulnerable workers. However, it marginalizes yet another vulnerable group of workers for the sake of incentivizing full-time work.

In a state like ours, it isn’t shocking to see even a bill made to remedy an issue of capitalism cannot help but build off of long-standing injustices.
Is S.B. 174 Enough? 
In a conservative state like Utah, S.B. 174 has its benefits and drawbacks. One may wonder if this bill is enough to secure a better future for all working people. The answer to this is no. 

Sen. Pitcher’s and other legislators’ utter lack of conviction to expand these benefits to the private sphere is the leading reason. According to Sen. Pitcher, Utah “will continue to lead by example” and compete with corporations by supplying state employees with benefits similar to those introduced in her bill. As working people, and students we must demand that Utah puts us first over corporations.

Without collective action, working people in the United States will continue to work their lives away for another’s profit. 

To live and work in a nation of abundance and receive substandard compensation is not a tolerable shame. It is a detestable act of thievery and an insult to liberty.  

Do not let S.B. 174 be just another link in your chains. Let it be a stone in the foundation of a brighter future for the working people of Utah, the United States and the world. 

 

j.langley@dailyutahchronicle.com 

@JeffLangleyII