Since Utah is Changing, Should Our Leave Laws Follow Suit?

In September of 2021, the Utah Women & Leadership Project published a White Paper titled, “Utah is Changing: Should Our Leave Laws Follow Suit?” L. Jenna Gould was the lead researcher and explored the leave policies of all 50 states (a major undertaking). The report was written for lawmakers and policy advocates (which can be all of us) with an overview of state leave laws across the country, a discussion of the effects of expanded family and medical leave, and targeted recommendations for Utah. This article summarizes this report.

Nearly three decades ago, President Clinton signed the Family and Medical Leave Act (FMLA) into law, guaranteeing eligible employees with up to 12 weeks of unpaid, job-protected leave per year. Based on recent data, only around 56% of U.S. employees are currently eligible for taking FMLA leave. In addition to the narrow scope of coverage, FMLA also lacks several key protections shared by the vast number of developed countries: namely, paid parental leave.

State Leave Laws

Given the narrow scope of FMLA coverage and concomitant lack of paid leave protections, some states have responded with their own leave laws, leaving the U.S. with a patchwork of family and medical leave protections. In most cases, states simply expanded the coverage for unpaid leave to those working for private employers with less than 50 employees. In addition, some states have simply bolstered the coverage of FMLA to cover employees working less than 1,250 hours per year or employees working for smaller employers. Additional states have created completely new forms of protected employee absences, such as crime victim leave, voting time-off, and school-related leave. Ultimately, the most notable departure from the scope of FMLA has been the growing number of states to adopt paid family and medical leave protections.

Utah's Changing Circumstances

In Utah, economic trends and demographic transformations are starting to challenge the state’s longstanding deference to the protections afforded by FMLA. Utah is within the top third of U.S. states for the percentage of women who are workforce participants (61%). The state’s fertility rate has continued to decline, of which insufficient leave policies could be a contributing factor for future Utah parents that are facing a rising cost of living—particularly for housing. This has taken away many parents’ economic ability to withdraw from the labor market for a number of years to focus on childrearing.

Recommendations for Utah

Even in Utah, an advocacy trend around expanded leave protections is beginning to appear and will likely continue—such as paid family leave for state employees or expanded FMLA eligibility. Amidst the growing bipartisan conversation on paid family leave, Utah leaders would thus be well-advised to explore alternative pathways to help employees balance work and family life. In addition to potential expansions of the coverage for unpaid leave (i.e., FMLA), this White Paper proposes the following initial recommendations based on a review of the 50-state analysis of state leave laws:

1. Expand pregnancy leave protections to cover more Utahns
2. Protect crime victims’ right to seek justice without fear of losing their job
3. Develop a serious, bipartisan working group to evaluate plans for paid leave – particularly paid sick leave

Conclusion

In the 28 years that have followed since the FMLA’s passage, the state has experienced unprecedented socioeconomic transformation, producing one of the world’s youngest and most dynamic labor markets. While the economic and demographic landscape of our state has transformed, the aging protections afforded by FMLA have failed to keep up with the demands of Utah women. To keep Utah’s economy thriving, state legislators will need to find new ways to help employees balance work and family life and guarantee the continued success of Utah working parents for years to come. Leave policies need to be part of Utah’s strategy moving forward.

Dr. Susan R. Madsen is a global thought leader, author, speaker, and scholar on the topic of women and leadership. She is also the Inaugural Karen Haight Huntsman Endowed Professor of Leadership in the Jon M. Huntsman School of Business at Utah State University and the Founding Director of the Utah Women & Leadership Project. Thanks to L. Jenna Gould for her great work on this white paper!