Center for American Progress

Paid Leave Helps Americans Keep Their Health Insurance When They Need It Most
Report

Paid Leave Helps Americans Keep Their Health Insurance When They Need It Most

Through dedicated protections and continuation of income, workplace leave laws can allow workers to keep their health insurance coverage at crucial moments.

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Pill bottles, and pills spilled, on a surface
In a photo illustration, prescription drugs are seen next to pill bottles on July 23, 2024, in New York City. (Getty/Spencer Platt)

Introduction and summary

When a serious health need occurs or a new child arrives, continuing health insurance coverage becomes more important than ever. But for too many Americans, taking time away from work to address these needs can jeopardize that coverage, whether by putting employer-sponsored coverage at risk or simply by cutting off income needed to pay premiums. Losing health insurance at these critical junctures has dangerously detrimental health consequences. Guaranteeing paid leave can help Americans keep their health insurance as they take the time they need—a powerful combination for better health.

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Continued health insurance coverage is especially important when the need for leave comes

The majority (51 percent) of people who use leave under the federal Family and Medical Leave Act (FMLA) do so for their own serious, nonpregnancy-related health needs.1 Similarly, most people who take leave under most state paid leave programs do so for their own serious health care needs, otherwise known as medical leave.2 To qualify for medical leave, workers must have a “serious health condition,” a legal term meaning a health need involving either inpatient care in a health facility or ongoing treatment by a health provider.3 Therefore, by definition, medical leaves occur when workers are getting substantial health treatment. Common serious health conditions include kidney disease,4 diabetes,5 pregnancy,6 and serious accidents or injuries7—circumstances that necessitate regular, often costly, care8 and make continued health insurance particularly critical.

Consider the person who takes leave to treat cancer,9 whether that means hospitalization,10 intermittent leave for chemotherapy,11 or simply time to rest when the disease or its treatment has caused “incapacity.”12 Continuation of health insurance means better, more effective treatment. Uninsured cancer patients are less likely to get recommended treatments, including radiation, chemotherapy, and surgery, than those with private insurance.13 Across many different types of cancer, uninsured patients have higher mortality rates than those with private insurance.14 Even a temporary disruption in coverage among cancer survivors can mean a greater risk of inability to afford care.15 By helping cancer patients keep their health insurance, paid leave can powerfully support health at crucial moments.

Others need leave to care for loved ones with serious health conditions.16 For example, workers may need leave to care for a seriously ill spouse,17 one of the most common family members for whom leave is taken.18 Many Americans rely on their spouse’s employer-provided health insurance for their own coverage,19 making it especially critical that the leave-taking employee not lose the coverage upon which their seriously ill spouse is relying.

Similarly, many workers take leave to care for their child with a serious health condition.20 About half of all minor children in the United States have employer-provided coverage,21 typically through a parent’s employer.22 Many adults younger than age 26 also rely on a parent’s coverage.23 Thus, in many cases, the child for whom the worker is providing care will be on the leave-taking parent’s health insurance—and therefore the child’s access to care is at risk if the parent loses that coverage. For example, when her 8-year-old daughter was diagnosed with cancer, single mother Elizabeth Austin could not take leave from her job because she would have been unable to afford the health insurance that paid for her daughter’s care.24 As Austin shared in a HuffPost op-ed, “Forfeiting my income and our insurance at a time when we’d never needed them more was not an option. … My daughter’s access to treatment — the thing tethering her to her life — was completely dependent on me.”25

Forfeiting my income and our insurance at a time when we’d never needed them more was not an option. … My daughter’s access to treatment — the thing tethering her to her life — was completely dependent on me. Elizabeth Austin. In HuffPost, "My 8-Year-Old Was Suffering From Cancer. To Keep Her Alive, I Made An Unthinkable Choice.” (2024).

For the same reasons, continued health insurance coverage is significant when a new child arrives. The American Academy of Pediatrics recommends a series of well-baby visits to the pediatrician during an infant’s first year, starting very frequently for newborns and spacing out as babies age.26 Babies who are born prematurely,27 who need to be in a neonatal intensive care unit,28 or who have complex health needs29 have even more pronounced needs for health care. Along with other important policy investments in health insurance coverage for children,30 paid leave can help ensure that parents taking time away from work to bond does not compromise their children’s access to health insurance and, therefore, to care.

Continued health insurance coverage through paid leave means better health

Maintaining health insurance coverage through paid leave is an investment in health because being uninsured has profound negative consequences for health outcomes. The uninsured are nearly three times as likely as those with private insurance to report not having seen a doctor or health professional in the past 12 months.31 Those without insurance are less likely to receive preventive care and are more likely to be hospitalized.32 Most dramatically, the uninsured have higher mortality rates than the insured.33

Both paid leave and health insurance are crucial for timely access to needed care. Lack of paid leave means workers postpone or skip needed health care.34 Uninsured adults are three times as likely as those with insurance to report delaying or forgoing needed care because of cost (61 percent vs. 21 percent).35 Putting off or going without needed care can profoundly negatively affect health,36 making paid leave and continued health insurance coverage mutually reinforcing supports for timely care and, therefore, better health.

Leave laws can and should specifically protect employer-sponsored coverage

For covered workers, the FMLA requires employers to continue providing health insurance during covered leave on the same terms as while the employee is working.37 This means that employers must continue paying the employer share of premiums during leave.38 This crucial protection prevents employees from suddenly being responsible for dramatically higher premium costs just to keep their coverage during leave.39 This protection is significant because employers pay most of the cost of coverage—on average, about 84 percent of the premium for single coverage and 75 percent of the premium for more expensive family coverage.40

Without the legal right to continuation of coverage, leave-taking employees would need to pay both the employee and employer shares of premiums to continue coverage. Because employers generally pay for the majority share of premiums, on average, taking on the full premium cost rather than just the employee share means an employee could face a 306 percent increase in premium costs for family coverage and a 554 percent increase in premium costs for single coverage.41

Continuation of coverage provisions reduces employee premium costs by hundreds or even thousands of dollars—substantial savings that can make the difference between affording and losing coverage.

With continued employer contributions, employees are responsible for only their share of premiums while on leave, just as when they are working.42 On average, the employer premium share is $632 per month for single coverage and $1,606 per month for family coverage.43 In other words, continuation of coverage provisions reduces employee premium costs by hundreds or even thousands of dollars—substantial savings that can make the difference between affording and losing coverage.

Moreover, the same provision also prevents employers from providing less generous health benefits while the employee is on leave than when the employee is working.44 For example, employers cannot switch to coverage that no longer covers counseling or substance use treatments.45 Similarly, employers cannot rescind coverage of the employee’s family members during leave. This is especially important for scenarios where an employee takes leave to care for a loved one, such as a spouse or young child, who relies on their health insurance.46

However, far too many Americans currently do not have this essential protection: The FMLA does not cover those whose employers have fewer than 50 employees,47 nor employees who have been with their current employer for less than a year or who work less than an average of 24 hours per week.48 As a result, nearly half of all employees in the United States, including a disproportionate number of low-income workers,49 are not covered by the FMLA.50 This disparity has profound consequences: Employees who are not eligible for the FMLA are nearly four times as likely as FMLA-eligible employees to report losing part or all of their health insurance while on leave.51

To fill in the gap, many state paid leave laws guarantee continuation of coverage during leave.52 These laws typically have much more inclusive eligibility rules than the FMLA, powerfully expanding who has access to coverage continuation protections.53 Other states have expanded access to continued health insurance coverage through state laws guaranteeing unpaid leave.54 As more states look to enact or improve their own paid leave laws, alongside continued federal advocacy, policymakers should prioritize inclusion of this crucial protection.55

Paid leave helps people keep their income and health insurance regardless of source of coverage

In addition to ensuring continuation of employer-provided coverage, guaranteeing paid leave means that workers keep the income they need to afford their health insurance. Today, for too many Americans, taking the leave they need for a serious health or family need means losing income—often income they cannot afford to go without. In a 2018 U.S. Department of Labor survey, among those who took leave in the past 12 months for a serious health or family need, roughly one-quarter (24.3 percent) saw their pay reduced, while one-third (33.6 percent) received no pay at all during leave.56 Low-wage workers, who need to keep their income the most, are nearly twice as likely (60.7 percent) as the population as a whole to receive no pay while on leave.57 Moreover, each year, more than 11 million people do not take needed leave.58 Most of them do not take leave because they cannot afford to take it unpaid.59

When leave must be unpaid, taking needed time can jeopardize workers’ health insurance by cutting off the income needed to pay premiums. Among employees who took leave for at least a month, many—including a disproportionate number of low-income workers60—lost all or part of their health insurance. Cost is likely a major contributor to this loss of coverage, particularly given that inability to afford coverage is the most commonly cited reason for being uninsured among all adults younger than age 64.61

5x

People in states without paid leave programs are nearly five times as likely as those in states with paid leave programs to report losing some or all of their health insurance while on leave.

Paid leave can help. People in states without paid leave programs are nearly five times as likely as those in states with paid leave programs to report losing some or all of their health insurance while on leave.62 States with paid leave offer critically needed income that can be used to cover premiums during leave.

Ensuring workers have continued income during leave helps them afford—and keep—their coverage, regardless of the source of their coverage. Most Americans younger than age 65 have employer-sponsored health insurance,63 either through their own employment or as a dependent.64 The vast majority of employer-sponsored coverage is through plans where employees must cover at least some of the premium, especially where employees get family coverage rather than single coverage.65 With employee premiums rising to levels that many people struggle to afford at full pay,66 keeping up with those premiums when income is suddenly cut off is difficult if not impossible for many families.67 Paid leave can help with covering employee premiums during leave, whether the leave-taking worker’s coverage comes through their own employer or as a dependent on a family member’s coverage.

Similarly, paid leave means continued income to cover premiums for the more than 20 million Americans who receive health insurance through the Affordable Care Act marketplace.68 This is especially important for self-employed people, who have virtually no access to paid leave outside of public programs69 and are particularly likely to have marketplace coverage.70 As past Center for American Progress research has highlighted, without a public paid leave program, not working means that self-employed people do not get paid.71 This cuts off income they need to pay their bills—including health insurance premiums.

Conclusion

At the moments when it matters most—a serious diagnosis, a new baby—paid leave means keeping the income that not only keeps the lights on but also keeps health insurance premiums paid. Continuing coverage at these crucial junctures means giving Americans their best shot at the care they need and, with it, better health. Policymakers at the state and federal levels must act to guarantee paid leave for all workers, protecting not only workers’ paychecks but also the health coverage they rely on when they need it the most.

Acknowledgments

The author would like to thank Nicole Rapfogel, Andrea Ducas, and Kate Kelly for their contributions to this report.

Endnotes

  1. This number does not include those who take leave for “pregnancy-related serious health conditions [or] miscarriage,” which are included in the 25 percent of leave-taking workers who take leave “related to a new child.” Scott Brown and others, “Employee and Worksite Perspectives of the Family and Medical Leave Act: Results from the 2018 Surveys” (Rockville, MD: Abt Associates, 2020), p. 27, available at https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/WHD_FMLA2018SurveyResults_FinalReport_Aug2020.pdf.
  2. Vicki Shabo, “Explainer: Paid and Unpaid Leave Policies in the United States” (Washington: New America, 2024), available at https://www.newamerica.org/better-life-lab/briefs/explainer-paid-and-unpaid-leave-policies-in-the-united-states/.
  3. 29 U.S.C. § 2611(11), available at https://www.law.cornell.edu/uscode/text/29/2611 (last accessed July 2024). Most state paid leave laws use definitions similar to that in the federal FMLA. Molly Weston Williamson, “The State of Paid Family and Medical Leave in the United States in 2024” (Washington: Center for American Progress, 2024), available at https://www.americanprogress.org/article/the-state-of-paid-family-and-medical-leave-in-the-u-s-in-2024/.
  4. 29 C.F.R. § 825.115(e)(2), available at https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-A/section-825.115 (last accessed October 2024).
  5. 29 C.F.R.§ 825.112(c)(3), available at https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-A/section-825.115 (last accessed October 2024).
  6. 29 C.F.R. § 825.120, available at https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-A/section-825.120 (last accessed October 2024).
  7. 29 C.F.R.§ 825.112(e)(1), available at https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-A/section-825.115 (last accessed October 2024).
  8. Keith A. Betts and others, “Medical Costs for Managing Chronic Kidney Disease and Related Complications in Patients With Chronic Kidney Disease and Type 2 Diabetes,” AJMC 27 (20) (2021), available at https://www.ajmc.com/view/medical-costs-for-managing-chronic-kidney-disease-and-related-complications-in-patients-with-chronic-kidney-disease-and-type-2-diabetes; Emily D. Parker and others, “Economic Costs of Diabetes in the U.S. in 2022,” Diabetes Care 47 (1) (2024): 26–43, available at https://diabetesjournals.org/care/article/47/1/26/153797/Economic-Costs-of-Diabetes-in-the-U-S-in-2022; Matthew Rae and others, “Health costs associated with pregnancy, childbirth, and postpartum care,” Peterson-KFF Health System Tracker, July 13, 2022, available at https://www.healthsystemtracker.org/brief/health-costs-associated-with-pregnancy-childbirth-and-postpartum-care/; Cora Peterson and others, “Average medical cost of fatal and non-fatal injuries by type in the USA,” Injury Prevention 27 (1) (2019): 24–33, available at https://pmc.ncbi.nlm.nih.gov/articles/PMC7326639/; Gwen Bergen and others, “Vital Signs: Health Burden and Medical Costs of Nonfatal Injuries to Motor Vehicle Occupants — United States, 2012,” Morbidity and Mortality Weekly Report, October 10, 2014, available at https://www.cdc.gov/mmwr/preview/mmwrhtml/mm6340a4.htm.
  9. U.S. Department of Labor Wage and Hour Division, “Workplace Protections for Individuals Impacted by Cancer,” available at https://www.dol.gov/agencies/whd/fmla/workplace-protections-for-individuals-cancer (last accessed October 2024).
  10. 29 C.F.R. § 825.114, available at https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-A/section-825.114 (last accessed October 2024).
  11. 29 C.F.R. § 825.115(e)(2).
  12. 29 C.F.R. § 825.115(f), available at https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-A/section-825.115 (last accessed October 2024).
  13. Artie Parikh-Patel, Cyllene R. Morris, and Kenneth W. Kizer, “Disparities in quality of cancer care: The role of health insurance and population demographics,” Medicine, December 2017, available at https://journals.lww.com/md-journal/fulltext/2017/12150/disparities_in_quality_of_cancer_care__the_role_of.63.aspx; Gary Walker and others, “Disparities in Stage at Diagnosis, Treatment, and Survival in Nonelderly Adult Patients With Cancer According to Insurance Status,” Journal of Clinical Oncology 32 (28) (2014): 3118–3125, available at https://pmc.ncbi.nlm.nih.gov/articles/PMC4876335/?utm_medium=email&utm_source=transaction; Gino Inverso and others, “Health Insurance Affects Head and Neck Cancer Treatment Patterns and Outcomes,” Journal of Oral and Maxillofacial Surgery 74 (6) (2016): 1241–1247, available at https://www.joms.org/article/S0278-2391(16)00021-5/fulltext.
  14. Xiaoling Niu and others, “Cancer survival disparities by health insurance status,” Cancer Medicine, March 2013, available at https://onlinelibrary.wiley.com/doi/pdf/10.1002/cam4.84; Libby Ellis and others, “Trends in Cancer Survival by Health Insurance Status in California From 1997 to 2014,” JAMA Oncology 4 (3) (2017): 317–323, available at https://pmc.ncbi.nlm.nih.gov/articles/PMC5885831/.
  15. Jingzuan Zhao and others, “Health Insurance Coverage Disruptions and Access to Care and Affordability among Cancer Survivors in the United States,” Cancer Epidemiology, Biomarkers, & Prevention 29 (11) (2020): 2134–2140, available at https://aacrjournals.org/cebp/article/29/11/2134/72159/Health-Insurance-Coverage-Disruptions-and-Access.
  16. 29 U.S.C. § 2612(a)(1)(c), available at https://www.law.cornell.edu/uscode/text/29/2612 (last accessed November 2024); Weston Williamson, “The State of Paid Family and Medical Leave in the United States in 2024.”
  17. Under the FMLA, as well as every state paid family and medical leave law, leave can be used to care for a seriously ill spouse. Ibid.
  18. Five states have published paid leave usage data by family member receiving care. Among those, care for spouses makes up 22 percent to 40 percent of total family caregiving claims, depending on the state: New York (22 percent), New Jersey (28 percent), Washington (30 percent), California (31 percent), and Rhode Island (40 percent). Author’s calculations based on the following sources: Department of Financial Services, “New York State Paid Family Leave Report,” available at https://www.dfs.ny.gov/reports_and_publications/pfl (last accessed October 2024) (2023 data only); New Jersey Department of Labor and Workforce Development, “Family Leave Insurance and Temporary Disability Insurance: Combined Annual Activity Report 2022” (Trenton, NJ: 2023), p. 19, available at https://www.nj.gov/labor/myleavebenefits/assets/pdfs/Annual%20FLI%20TDI%20Report%20for%202022.pdf; Justin DeFour, “ESSB 5097 Family Member Expansion Analysis: 2nd Report” (Olympia, WA: Washington State Employment Security Department, 2023), p. 5, available at https://media.esd.wa.gov/esdwa/Default/ESDWAGOV/newsroom/Legislative-resources/essb-5097-family-member-expansion-analysis-230629.pdf; State of California Employment Development Department, “Paid Family Leave (PFL) Program Statistics, SFY 22-23,” available at https://edd.ca.gov/siteassets/files/about_edd/quick-stats/qspfl_pfl_program_statistics.pdf (last accessed October 2024); Rhode Island Department of Labor and Training, “Temporary Disability Insurance Program: January-December 2023,” available at https://dlt.ri.gov/media/19161/download?language=en (last accessed October 2024).
  19. Katherine Keiser-Starkey and Lisa Bunch, “Health Insurance Coverage in the United States: 2023” (Washington: U.S. Department of Commerce, 2024), p. 9, available at https://www2.census.gov/library/publications/2024/demo/p60-284.pdf.
  20. Among states that publish data on usage by family member, care for the worker’s seriously ill child makes up 21 percent to 27 percent of all caregiving claims, depending on the state: California (21 percent), Washington (23 percent), New Jersey (24 percent), New York (24 percent), and Rhode Island (27 percent). Author’s calculations based on the following sources: Department of Financial Services, “New York State Paid Family Leave Report” (2023 data only); New Jersey Department of Labor and Workforce Development, “Family Leave Insurance and Temporary Disability Insurance: Combined Annual Activity Report 2022,” p. 19; Justin DeFour, “ESSB 5097 Family Member Expansion Analysis: 2nd Report,” p. 5; State of California Employment Development Department, “Paid Family Leave (PFL) Program Statistics, SFY 22-23”; Rhode Island Department of Labor and Training, “Temporary Disability Insurance Program: January-December 2023.”
  21. KFF, “Health Insurance Coverage of Children 0-18,” available at https://www.kff.org/other/state-indicator/children-0-18/?currentTimeframe=0&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D (last accessed October 2024).
  22. Matthew Rae, Gary Claxton, and Anthony Damico, “Dependent Coverage for Young Adults in Employer-Sponsored Health Plans,” KFF, October 21, 2024, available at https://www.kff.org/private-insurance/issue-brief/dependent-coverage-for-young-adults-in-employer-sponsored-health-plans/.
  23. Nearly three-quarters (72 percent) of adults ages 18 to 25 with employer-sponsored coverage are covered as dependents, likely primarily as dependents on a parent’s insurance. Ibid. Allowing young adults to remain on their parents’ health insurance until age 26 was one of the key accomplishments of the Affordable Care Act, helping millions of Americans gain access to health insurance coverage. Namrata Uberoi, Kenneth Finegold, and Emily Gee, “Health Insurance Coverage and the Affordable Care Act, 2010–2016” (Washington: U.S. Department of Health and Human Services, 2016), available at https://aspe.hhs.gov/sites/default/files/private/pdf/187551/ACA2010-2016.pdf.
  24. Elizabeth Austin, “My 8-Year-Old Was Suffering From Cancer. To Keep Her Alive, I Made An Unthinkable Choice.”, HuffPost, October 25, 2024, available at https://www.huffpost.com/entry/daughter-diagnosed-leukemia-insurance-paid-leave_n_670d0f78e4b0c5b8c0aeb1bc.
  25. Ibid.
  26. Bright Futures and American Academy of Pediatrics, “Recommendations for Preventive Pediatric Health Care,” available at https://downloads.aap.org/AAP/PDF/periodicity_schedule.pdf (last accessed October 2024).
  27. March of Dimes, “Preterm babies,” available at https://www.marchofdimes.org/find-support/topics/birth/preterm-babies (last accessed February 2024); World Health Organization, “WHO recommendations for care of the preterm or low-birth-weight infant” (Geneva: 2022), available at https://iris.who.int/bitstream/handle/10665/363697/9789240058262-eng.pdf.
  28. March of Dimes, “Common conditions treated in the NICU,” available at https://www.marchofdimes.org/find-support/topics/neonatal-intensive-care-unit-nicu/common-conditions-treated-nicu (last accessed October 2024).
  29. Dennis Z. Kuo and Amy J. Houtrow, “Recognition and Management of Medical Complexity,” Pediatrics 138 (6) (2016), available at https://publications.aap.org/pediatrics/article/138/6/e20163021/52649/Recognition-and-Management-of-Medical-Complexity?autologincheck=redirected.
  30. Areeba Haider, “The Basic Facts About Children in Poverty” (Washington: Center for American Progress, 2021), available at https://www.americanprogress.org/article/basic-facts-children-poverty/.
  31. According to KFF, “in 2022, nearly half (47.4%) of nonelderly uninsured adults reported not seeing a doctor or health care professional in the past 12 months compared to 16.6% with private insurance and 14.0% with public coverage.” Jennifer Tolbert, Patrick Drake, and Rakesh Singh, “Health Policy 101: The Uninsured Population and Health Coverage” (San Francisco: KFF, 2024), pp. 10–11, available at https://files.kff.org/attachment/health-policy-101-the-uninsured-population-and-health-coverage.pdf.
  32. Jennifer Tolbert, Patrick Drake, and Anthony Damico, “Key Facts about the Uninsured Population,” KFF, December 18, 2023, available at https://www.kff.org/uninsured/issue-brief/key-facts-about-the-uninsured-population/.
  33. Steffie Woodhandler and David U. Himmelstein, “The Relationship of Health Insurance and Mortality: Is Lack of Insurance Deadly?”, Annals of Internal Medicine 167 (6) (2017): 424–431, available at https://www.acpjournals.org/doi/full/10.7326/M17-1403?rfr_dat=cr_pub++0pubmed&url_ver=Z39.88-2003&rfr_id=ori%3Arid%3Acrossref.org.
  34. Molly Weston Williamson, “Lack of Paid Leave Hurts Americans’ Health,” Center for American Progress, May 22, 2024, available at https://www.americanprogress.org/article/lack-of-paid-leave-hurts-americans-health/.
  35. Lunna Lopes and others, “Americans’ Challenges with Health Care Costs,” KFF, March 1, 2024, available at https://www.kff.org/health-costs/issue-brief/americans-challenges-with-health-care-costs/.
  36. Weston Williamson, “Lack of Paid Leave Hurts Americans’ Health.”
  37. 29 U.S.C. § 2614(c), available at https://www.law.cornell.edu/uscode/text/29/2614 (last accessed July 2024); 29 C.F.R. § 825.209(a), available at https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-B/section-825.209 (last accessed July 2024).
  38. U.S. Department of Labor Wage and Hour Division, Non-Administrator Letters, FMLA-23, December 28, 1993, available at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/FMLA-23.pdf.
  39. Note that employees may be required to pay back amounts that employers spent on premiums during leave if the employee does not return to work following leave, outside of certain specific exceptions. 29 U.S.C. § 2614(c)(2), available at https://www.law.cornell.edu/uscode/text/29/2614 (last accesed November 2024).
  40. Author’s calculations based on Gary Claxton and others, “Employer Health Benefits: 2024 Annual Survey” (San Francisco: KFF, 2024), p. 9, available at https://files.kff.org/attachment/Employer-Health-Benefits-Survey-2024-Annual-Survey.pdf.
  41. Author’s calculations based on ibid., p. 9.
  42. Those who receive continuation of coverage under the FMLA are still required to continue paying the share of the premium they pay while working. 29 C.F.R. § 825.210(a), available at https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-B/section-825.210 (last accessed December 2024). State paid family and medical leave laws that provide for continuation of health insurance have the same requirement. Col. Stat. 8-13.3-509(2), available at https://casetext.com/statute/colorado-revised-statutes/title-8-labor-and-industry/labor-i-department-of-labor-and-employment/labor-conditions/article-133-family-and-medical-leave/part-5-paid-family-and-medical-leave-insurance/section-8-133-509-leave-and-employment-protection (last accessed December 2024); 26 Me. Rev. Stat. § 850-B(8), available at https://legislature.maine.gov/statutes/26/title26sec850-B.html (last accessed October 2024); 29 Del. Code § 3707(b), available at https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=79186&docTypeId=13&sessionLawName=chp301 (last accessed October 2024); Md. Code, Lab. & Empl. § 8.3-707, available at https://casetext.com/statute/code-of-maryland/article-labor-and-employment/title-83-family-and-medical-leave-insurance-program/subtitle-7-benefits/section-83-707-maintenance-of-health-benefits (last accessed October 2024); Mass. Gen. Laws, tit. 21, ch. 175M, § 2(f), available at https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175M/Section2 (last accessed December 2024); Minn. Stat. 268B.09(5)(a), available at https://www.revisor.mn.gov/statutes/cite/268B.09 (last accessed October 2024); NY Workers’ Comp. Law § 203-C, available at https://www.nysenate.gov/legislation/laws/WKC/203-C (last accessed October 2024); Or. Rev. Stat. § 657B.060(2)(a), available at https://www.oregonlegislature.gov/bills_laws/ors/ors657B.html (last accessed October 2024); R.I. Gen. Laws § 28-41-35(g), available at http://webserver.rilin.state.ri.us/Statutes/title28/28-41/28-41-35.HTM (last accessed November 2024); Rev. Code. Wash. § 50A.35.030, available at https://app.leg.wa.gov/RCW/default.aspx?cite=50A.35.020 (last accessed October 2024); 29 C.F.R. § 825.209(b), available at https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-B/section-825.209 (last accessed October 2024).
  43. Author’s calculations based on Claxton and others, “Employer Health Benefits: 2024 Annual Survey,” p. 86.
  44. 29 C.F.R. § 825.209(b).
  45. Ibid.
  46. Ibid.
  47. The FMLA also excludes employees of larger firms where there are fewer than 50 employees within 75 miles of the employee’s worksite. 29 U.S.C. § 2611(2)(B)(ii), available at https://www.law.cornell.edu/uscode/text/29/2611 (last accessed November 2024); 29 U.S.C. § 2611(4)(A)(i).
  48. 29 U.S.C. § 2611(a); 29 CFR § 825.110, available at https://www.law.cornell.edu/cfr/text/29/825.110 (last accessed November 2024).
  49. Scott Brown, Radha Roy, and Jacob Alex Klerman, “Leave Experiences of Low-Wage Workers” (Rockville, MD: Abt Associates, 2020), available at https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/WHD_FMLA_LowWageWorkers_January2021.pdf.
  50. Scott Brown and others, “Employee and Worksite Perspectives of the FMLA: Who Is Eligible?” (Rockville, MD: Abt Associates, 2020), available at https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/WHD_FMLA2018PB1WhoIsEligible_StudyBrief_Aug2020.pdf. For more on the workers particularly harmed by these restrictive criteria, see Molly Weston Williamson, “Improving the FMLA: Expanding Unpaid Family and Medical Leave” (Washington: Center for American Progress, 2024), available at https://www.americanprogress.org/article/improving-the-fmla-expanding-unpaid-family-and-medical-leave/.
  51. Among those who take leave for at least a month. Author’s calculations based on Brown and others, “Employee and Worksite Perspectives of the Family and Medical Leave Act: Supplemental Results from the 2018 Surveys,” p. 32.
  52. Col. Stat. 8-13.3-509(2); 26 Me. Rev. Stat. § 850-B(8); 29 Del. Code § 3707(b); Md. Code, Lab. & Empl. § 8.3-707; Mass. Gen. Laws, tit. 21, ch. 175M, § 2(f); Minn. Stat. 268B.09(5)(a); NY Workers’ Comp. Law § 203-C; Or. Rev. Stat. § 657B.060(2)(a); R.I. Gen. Laws § 28-41-35(g); Rev. Code. Wash. § 50A.35.030.
  53. Employees eligible for cash paid leave benefits are or will be entitled to continuation of health insurance coverage with no minimum employer size and no minimum tenure or hours worked with a particular employer in Colorado, Maine, Maryland, Massachusetts, Minnesota, and, for paid family leave only, Rhode Island. Col. Stat. 8-13.3-509(2); 26 Me. Rev. Stat. § 850-B(8); Md. Code, Lab. & Empl. § 8.3-707; Mass. Gen. Laws, tit. 21, ch. 175M, § 2(f); Minn. Stat. 268B.09(5)(a); R.I. Gen. Laws § 28-41-35(g). Employees are eligible for cash paid leave benefits after a shorter tenure with a particular employer, with no minimum employer size and no minimum hours worked in Oregon (90 days) and, for paid family leave only, New York (six months). Or. Rev. Stat. § 657B.060(7); NY Workers’ Comp. Law § 203-C, available at https://www.nysenate.gov/legislation/laws/WKC/203-C (last accessed October 2024); NY Workers’ Comp. Law § 203, available at https://www.nysenate.gov/legislation/laws/WKC/203 (last accessed November 2024). More restrictive eligibility rules more similar to the FMLA apply to continuation of health insurance provisions in Delaware and Washington. 29 Del. Code § 3707(b), available at https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=79186&docTypeId=13&sessionLawName=chp301 (last accessed October 2024); 29 Del. Code § 3701(3); Rev. Code. Wash. § 50A.35.030. For more on general eligibility rules under state paid leave laws, see Weston Williamson, “The State of Paid Family and Medical Leave in the United States in 2024.”
  54. Six states, along with Washington, D.C., guarantee, under their state FMLAs, continuation of coverage similar to the federal protection, though the scope of eligibility for these laws varies widely. Cal. Gov’t Code § 12945.2(f), available at https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12945.2 (last accessed November 2024); D.C. Code § 32-505(b)(1), available at https://code.dccouncil.gov/us/dc/council/code/sections/32-505 (last accessed November 2024); N.J. Stat. Ann. 34:11B-8, available at https://www.nj.gov/oag/dcr/downloads/Family-Leave-Act.pdf (last accessed November 2024); Or. Rev. Stat. Ann. § 659A.171(5)(b), available at https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html (last accessed November 2024); R.I. Gen. Laws Ann. § 28-48-3(c), available at http://webserver.rilin.state.ri.us/Statutes/title28/28-48/28-48-3.htm (last accessed November 2024); Vt. Stat. Ann. tit. 21, § 472(c), available at https://legislature.vermont.gov/statutes/chapter/21/005 (last accessed November 2024); Wis. Stat. Ann. § 103.10(9)(b), available at https://docs.legis.wisconsin.gov/statutes/statutes/103/10 (last accessed November 2024). Maine’s state FMLA guarantees continuation of coverage but only at the employee’s expense. Me. Rev. Stat. Ann. tit. 26, § 845(2), available at https://legislature.maine.gov/statutes/26/title26sec845.html (last accessed November 2024). For more on state FMLAs, see Molly Weston Williamson, “The State of Unpaid Leave in the U.S. in 2023” (Washington: Center for American Progress, 2023), available at https://www.americanprogress.org/article/the-state-of-unpaid-family-and-medical-leave-in-the-u-s-in-2023/.
  55. The federal FAMILY Act would guarantee continuation of health insurance in connection with paid leave, while the Job Protection Act would expand access to FMLA unpaid leave, including health insurance continuation. FAMILY Act, H.R. 3481, 118th Cong., 1st sess. (May 18, 2023), Section 4(h)(1)E), available at https://www.congress.gov/bill/118th-congress/house-bill/3481?s=1&r=1&q=%7%22search%22%3A%5B%22%22%5D%7D; Job Protection Act, S. 210, 118th Cong., 1st sess. (February 1, 2023), available at https://www.congress.gov/bill/118th-congress/senate-bill/210; Molly Weston Williamson, “Getting To Know the New FAMILY Act” (Washington: Center for American Progress, 2023), available at https://www.americanprogress.org/article/getting-to-know-the-new-family-act/; Weston Williamson, “Improving the FMLA: Expanding Unpaid Family and Medical Leave.”
  56. Brown and others, “Employee and Worksite Perspectives of the Family and Medical Leave Act: Supplemental Results from the 2018 Surveys,” p. 30.
  57. Ibid.
  58. Author’s calculations based on ibid., p. 37; U.S. Bureau of Labor Statistics, “Labor Force Statistics from the Current Population Survey: HOUSEHOLD DATA: ANNUAL AVERAGES: 3. Employment status of the civilian noninstitutional population by age, sex, and race,” available at https://www.bls.gov/cps/cpsaat03.htm (last accessed December 2024).
  59. Brown and others, “Employee and Worksite Perspectives of the Family and Medical Leave Act: Results from the 2018 Surveys,” p. 45.
  60. Ibid., p. 32.
  61. Amy E. Cha and Robin E. Cohen, “Reasons for Being Uninsured Among Adults Aged 18–64 in the United States, 2019” (Hyattsville, MD: National Center for Health Statistics, 2020), p. 2, available at https://www.cdc.gov/nchs/data/databriefs/db382-H.pdf; Sara R. Collins, Lauren A. Haynes, and Relebohile Masitha, “The State of U.S. Health Insurance in 2022” (New York: The Commonwealth Fund, 2022), available at https://www.commonwealthfund.org/publications/issue-briefs/2022/sep/state-us-health-insurance-2022-biennial-survey.
  62. Author’s calculations based on Brown and others, “Employee and Worksite Perspectives of the Family and Medical Leave Act: Supplemental Results from the 2018 Surveys,” p. 32.
  63. KFF, “Health Insurance Coverage of Population Ages 0-64,” available at https://www.kff.org/other/state-indicator/health-insurance-coverage-population-0-64/?currentTimeframe=0&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D (last accessed November 2024).
  64. Ibid.
  65. Those who receive employer-sponsored coverage without an employee contribution, meaning the employer pays the entire premium, are the extreme minority of those with employer-sponsored coverage—only 14 percent for single coverage and just 5 percent for family coverage. Claxton and others, “Employer Health Benefits: 2024 Annual Survey,” p. 88.
  66. Sam Hughes and others, “Federal Solutions To Address Rising Costs of Employer-Sponsored Insurance” (Washington: Center for American Progress, 2024), available at https://www.americanprogress.org/article/federal-solutions-to-address-rising-costs-of-employer-sponsored-insurance/.
  67. On average, employees pay around $114 per month for single coverage and $525 per month for family coverage. Author’s calculations based on Claxton and others, “Employer Health Benefits: 2024 Annual Survey,” p. 85.
  68. Nicole Rapfogel, “2024 Affordable Care Act Marketplace Plan Selections by Congressional District,” Center for American Progress, May 2, 2024, available at https://www.americanprogress.org/article/2024-affordable-care-act-marketplace-plan-selections-by-congressional-district/.
  69. Molly Weston Williamson, “Why Self-Employed Workers Need Paid Leave” (Washington: Center for American Progress, 2023), available at https://www.americanprogress.org/article/why-self-employed-workers-need-paid-leave/.
  70. Gideon Lukens, “ACA Drove Record Coverage Gains for Small-Business and Self-Employed Workers,” Center for Budget and Policy Priorities, July 17, 2024, available at https://www.cbpp.org/blog/aca-drove-record-coverage-gains-for-small-business-and-self-employed-workers; Natasha Murphy, “Fact Sheet: How Enhanced Premium Tax Credits for Affordable Health Care Empower Self-Employed Americans,” Center for American Progress, October 28, 2024, available at https://www.americanprogress.org/article/fact-sheet-how-enhanced-premium-tax-credits-for-affordable-health-care-empower-self-employed-americans/.
  71. Weston Williamson, “Why Self-Employed Workers Need Paid Leave.”

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Women’s Initiative

The Women’s Initiative develops robust, progressive policies and solutions to ensure all women can participate in the economy and live healthy, productive lives.

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Without a national paid leave program, too many people today are unable to take the time they need to address their own serious health needs or those of a loved one, or to welcome a new child, placing their own health at risk. Guaranteeing paid family and medical leave would powerfully improve Americans’ health and save lives. This series explores the variety of ways in which paid leave can improve health—from enabling timelier care, to increasing access to continued health insurance, to supporting maternal and child health.

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