Protecting Workers and Their Families with Paid Family Leave and Caregiving Credits

8/2/2019 Protecting Workers and Their Families with Paid Family Leave and Caregiving Credits

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Protecting Workers and Their Familiewith Paid Family Leave and

Caregiving CreditsWhy Social Security Should Guard Against 21st Century Economic Insecur

Ann OLeary April 2012

www.americanprogress.o


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Protecting Workers and TheirFamilies with Paid Family Leaveand Caregiving CreditsWhy Social Security Should Guard Against

21st Century Economic Insecurities

Ann OLeary April 2012


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1 Introduction and summary

5 Social Securitys outdated family benefits

7 Family economic insecurity caused by

serious illness or caregiving

12 Reforms must provide paid family and medical leave

and caregiving credits

17 Conclusion

18 About the author and acknowledgements

19 Endnotes

Contents


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1 Ceter or America Proress | Protecti Workers ad Their Families with Paid Family Leave ad Careivi Credits

Introduction and summary

Te mos salien ac abou he economic realiy or amilies oday is ha wo-

hirds o amilies rely on he earnings o women o say aoa.1 Tis became

increasingly eviden in he 1980s and 1990s bu came o dominae everyday

economic amily lie in he 21s Cenury.

Ye despie he heighened imporance o womens earning power or odays

amilies, women coninue o ace real barriers o saying in he labor marke a

he same earnings level when amily caregiving needs arise, including he birh oa child or he serious illness o a amily member. In ac, women are more likely

han men o leave a job or shi rom ull-ime o par-ime work when hey have a

child.2 Women are also more likely o leave a job or make he shi rom ull-ime

o par-ime work in order o provide ongoing care o an elderly, ailing paren.3

Many women are le wih litle opion bu o make such a choice as hey ace

workplaces wih no paid amily leave policies or inexible scheduling pracices.

Te consequences o hese decisions can lead o a lieime o greaer economic

insecuriy or hese women and heir amilies. As workers wih care responsibili-

ies wihdraw rom he workorce or limi heir ime a work, hey bring home

less income in he shor run, are less likely o earn raises and promoions a he

same pace as hose wihou care responsibiliies, have more resriced access o

workplace reiremen benes, earn less in Social Securiy reiremen benes, and

accumulae lower lieime earnings.4 Tis quadruple whammy means oo many

American middle-class amilies oday are reading waer or worse hroughou heir

working lives wihou adequae savings or reiremen, while hose amilies srug-

gling o ener he middle class can barely say aoa.

Bu i doesn have o be his way. I workers o boh sexes have access o paid, job-proeced amily leave upon he birh o a child or he serious illness o a amily

member, hen hey are much more likely o be able o reurn o he workorce and

o have higher earnings over heir lieimes.5 Te problem is ha he Unied Saes

is an oulier among developed naions in ha i does no have a naional paid


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amily leave program. Our naions social insurance sysemmos imporanly a

he ederal level wih Social Securiyprovides no paid amily leave benes o

help workers remain in he workorce.

Furhermore, caregivers who mus emporarily leave he workorce o provide

care sop earning credis oward Social Securiy reiremen benes while hey areou o he labor orce providing amily care. Tis means hey are penalized imme-

diaely because o los daily income and over he long haul due o he loss o Social

Securiy reiremen income.

Over he pas several decades, in considering needed changes o he way Social

Securiy reas amily caregivers, advocaes or womens equaliy and social

reormers have ocused heir energies on he need o improve Social Securiy

reiremen benes.6 Tese proposalsoen called Social Securiy caregiving

crediseiher limi he Social Securiy penaly or ime spen ou o he labor

orce o provide amily care or require Social Securiy o deem he ime o oprovide care as paid or he purposes o receiving credi oward Social Securiy

reiremen income.

Social Securiy caregiving credis would provide greaer reiremen securiy

or hose workers, especially low-income, unmarried workers who leave he

workorce (or signicanly reduce heir hours) o provide care or heir kids or

elderly relaives, bu hese credis alone will no do enough o provide economic

securiy or odays amily caregivers. Tese credis would deniely help work-

ers who, upon reiremen, would receive Social Securiy based on heir enire

work experience, including heir working years in he labor orce and heir

unpaid caregiving or heir amilies.

Bu ha is only par o he soluion or dual-income or single-paren amilies in

odays economy. Tis majoriy o American amilies needs a soluion o assis

caregivers who require immediae income securiy a he ime hey leave heir jobs

o provide care. Tis in urn means hey need o be able o ake shor-erm leaves

o absence rom work bu ulimaely say in he workorce, which would improve

heir shor-erm and long-erm income securiy.7

Tis paper makes he case ha he bes way o provide insurance agains he risks

o los income due o amily care is o modernize Social Securiy in wo ways o

accoun or he needs o odays amilies:


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Provide all workers wih paid amily leave hrough he Social Securiy sysem.

Credi unpaid amily caregivers wih Social Securiy reiremen benes when

hey ake leave o care or amily members.

Tis repor will deail why Congress should enac boh o hese changes, bu hereis a brie summaion o our analysis and recommendaions.

Provide all workers with paid family leave through the

Social Security system

Leaving a job o provide emporary care or a child or elderly relaive alls predomi-

nanly on women.8 Fewer women oday spend muliple years enirely ou o he

labor orce providing care, bu hose who do are disproporionaely low-wage work-

ers.9 One o he primary reasons ha low-wage workers remain ou o he labor orcelonger is ha hey do no have access o paid amily leave or o aordable child care.

Some saes have been making progress implemening new paid amily leave

programs, in some cases building on exising shor-erm medical leave pro-

grams,10 bu ulimaely all workers in he Unied Saes should have access

o paid amily and medical leave. wo companion papers o his oneTe

Eecs o Family and Medical Leave on Employmen Sabiliy and Economic

Securiy and Social Securiy Cares: How We Can Implemen Paid Family and

Medical Leaveprovide deailed analysis and recommendaions on providing

paid amily and medical leave hrough he Social Securiy sysem.11 Tis paper

presens he bes way o add paid amily leave o Social Securiyour counry s

social insurance sysemor amily caregiving.12

Social Securiy is a roo an inergeneraional commimen o provide each

oher wih income insurance when planned and unplanned evens in lie arise,

including reiremen and disabiliy. Exending his commimen o he lie

evens ha keep 21s cenury workers ou o work, including he arrival o a

newborn baby or he sudden or progressive illness o a paren or oher relaive,

is a logical exension o Social Securiy.

oday he Social Securiy sysem does no include insurance agains such major

lie evens, an omission ha is a relic o how our amilies and work were srucured

in he pas. Adding paid amily leave should be a prioriyas a mater o equiy,


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naional values, and improving amily economic securiyas Congress considers

updaing and sabilizing he Social Securiy Ac or he uure.

Credit unpaid family caregivers with Social Securit y retirement

benefits when they take leave to care for family members

Workers who leave he labor orce or signicanly reduce heir hours in he

workorce o provide amily care should be allowed o earn credis oward Social

Securiy reiremen benes so ha hey accumulae Social Securiy savings or

heir reiremen. Bu his remedy mus be coupled wih paid amily leave in order

o provide low-wage workers wih he opporuniy o say conneced o he labor

orce in he rs place.

In his way, hose providing care will earn immediae and long-erm income based

on he everyday realiies o odays workplace, enabling hese workers and heiramilies o beter hrive and prosper in our economy oday. Tese wo Social

Securiy proposals aim o proec amilies agains economic insecuriy as hey live

and work oday.

In he pages ha ollow, his paper will rs provide an overview o how Social

Securiy is currenly srucured o provide benes o amilies experiencing an

economic shock rom he loss o an income earner and he underlying, oudaed

assumpions in our exising sysem ha amilies consis o married-or-lie couples

wih one breadwinner and one say-a-home caregiver. Te paper hen deails he

economic consequences aced by workers who have no access o paid amily leave

and provides a deailed accoun o why adding his leave o Social Securiy will

improve amily economic securiy.

Te paper acknowledges ha adding paid amily leave o Social Securiy will no

provide more han 12 weeks o help o hose low-income caregivers who enirely

exi he workorce, and ha Social Securiy caregiving credis mus be included in

any reorm package o ensure ha all caregivers a leas have access o an adequae

reiremen income. Te paper hen concludes wih several proposals or how

Congress can bes suppor amily caregivers agains shor-erm and long-ermeconomic insabiliy.


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Social Securitys outdated

family benefitsWhen mos Americans hear he phrase Social Securiy, hey hink o he reire-

men benes provided o workers. While his is by ar he larges componen o

our naional social insurance sysem, he Social Securiy Ac also ensures ha our

governmen provides benesand hus criical economic sabiliyo work-

ers who become permanenly or long-erm disabled, as well as o he amilies o

workers who have reired, died, or become disabled. In 2010 more han 54 million

individuals beneed rom hese programsnearly 7 million o whom were he

spouses and children o reired, disabled, or deceased workers.13

As ormer Presiden Franklin D. Roosevel said upon he passage o he Social

Securiy Ac in 1935:

We can never insure one hundred percent o the population against one hundred

percent o the hazards and vicissitudes o lie, but we have tried to fame a law

which will give some measure o protection to the average citizen and to his am-

ily against the loss o a job and against poverty-stricken old age.

Tis cenral enan o Social Securiyproecion agains loss o income ha

exended no only o he worker bu also o he enire amilyhas no been

updaed o accoun or some o he major risks o income securiy ha modern

amilies (dual-income and single-paren) ace, among hem:

Te birh o a child Te illness o a amily member Te shor-erm illness o a worker

Updaing Social Securiy o accoun or hese ypes o income loss would sim-ply exend he underlying values o he original Social Securiy Aco proec

workers and heir amilies. In his paper we ocus on he rs wo economic risks

acing amilieshe birh o a child and he illness o a amily member. Te sup-

por Social Securiy provides o amilies is more exensive han many Americans


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may realize. Spouses and children receive Social Securiy benes when he oher

spouse or he paren loses his or her job, as well as he accompanying amily

income, due o reiremen, disabiliy, or deah, including:

Spousal benefits:A spouse (or, in some cases, ex-spouse) who is age 62 or older

is eniled o 50 percen o his or her spouses benes when he working spousereires or becomes disabled i ha amoun exceeds heir own earned bene. In

addiion, a surviving spouse who is 60 years old is eligible or 100 percen o he

deceased spouses benes.

Childrens benefits: Childrenhose who are he naural, adoped, and depen-

den children or sepchildren o a worker and who are eiher under 18 or dis-

abledqualiy or childrens benes i he worker reires, becomes disabled, or

dies. Childrens benes are equal o hal he workers primary insurance amoun

while he worker is sill alive and 75 percen o he bene aer he workers deah.

Mothers and fathers insurance benefits: A spouse who has a dependen child

in his or her care and is under he age o 62 also qualies or 50 percen o he

working spouses bene when he worker reires or becomes disabled and 75

percen i he working spouse dies.

Policymakers, poliicians, academics, and amily advocaes have examined he ef-

cacy o hese amily benes, bu mos have ocused exclusively on he inequiies

or various classes o women (married versus unmarried; working versus say-a-

home) in he exising sysem.14 Largely missing rom he analysis is how o ensure

ha amilies can receive Social Securiy benes or odays greaes economic

shocks o he amily.

In odays world wo-hirds o mohers earn a leas 25 percen or more o he am-

ily income or are single, working mohers.15 So wha happens when:

A moher canno work due o caregiving conics? One o he wo breadwinners becomes seriously ill and canno work?

Te nex secion o his paper explains why Social Securiy should ensure haworkers who are combining work and care and who may ace serious bu shor-

erm illnesses hemselves, require access o increased economic securiy during

heir working years o enhance heir shor-erm and long-erm earning power.


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Family economic insecurity caused

by serious illness or caregiving

Over he pas several decades, our workplace demographics have shied rapidly,

wih women making up hal o all workers on U.S. payrolls.16 Similarly, our am-

ily srucure has changed, wih wo-hirds o amilies made up o eiher single-

employed parens or dual-earner parens.17

Tis means ha mos amilies no longer have a say-a-home spouse. In he pas

i a child or anoher amily member became ill, someone was a home o care

or hem and nurse hem back o healh. I he breadwinner became emporarilydisabled or unemployed, he say-a-home spouse could ener he labor orce o

parially replace he los amily income.

oday, wih mos aduls in amilies working, very ew amilies have a labor-marke

subsiue-in-waiing who can parially ll he void o los wages.18 Ye our work-

places have no been updaed o ensure ha workers have access o paid sick days

or paid amily and medical leave.19

Insead, each o hese unanicipaed evens means ha a working amily mem-

ber mus adjus his or her schedule, ake a leave o absence (oen losing income

wih no access o paid ime o), or leave his or her job. In Te wo-Income rap,

Elizabeh Warren and Amelia Warren yagi esimae ha dual-income amilies in

he 2000s were wo imes more likely o have a amily wage earner miss work due

o an illness or disabiliy and 10 imes more likely o have a wage earner miss work

o care or a sick child, han a single-income amily in he 1970s.20

O course, his is because when here are wo working aduls in he amily,

raher han he one-breadwinner norm o he pas, he amily auomaically

doubles heir risk o needing o miss work and orgo income due o heir ownillness or he illness o heir child.

For wo-paren amilies, he increase in reliance on womens conribuion o he

amily income, combined wih women generally having more resriced access o

he benes ha allow hem o ake ime o or heir own illness or o combine


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work wih care, pus amilies a greaer risk o economic peril. In 2009 employed

wives in dual-earner amilies conribued 47 percen o oal amily earnings.21

Despie womens greaer propensiy o provide amily care, women have less

access o policies allowing hem o combine work and care han do men. For

insance, 25 percen o working mohers compared o 17 percen o working

ahers have no access o any orm o paid ime o.22

For single-paren amilies, he risk ha caregiving will conic wih work is

greaer.23 Single parens, who are predominanly women, hisorically have higher

raes o unemploymen han oher workers.24 During he recen Grea Recession

o 20072009, he unemploymen rae o women in emale-headed households

rose much aser han i did or all oher women.25 In ac, single-paren house-

holds ace he highes level o income insecuriy.26 Single-paren amilies are

predominanly low-income amilies, making i especially challenging o aord sae

and enriching child care. Furher, he wage earners in hese amilies ypically have

less access o workplace policies ha allow hem o address work-amily conic.27

Tese risks o income loss due o ones own illness or he need o care or an ill

amily member can economically devasae amilies. In 2001, 25 percen o dual-

income amilies and 13 percen o single-working-paren amilies who led or

bankrupcy did so aer missing wo or more weeks o work because o he illness

o he worker or anoher amily member.28

No only do unpaid leaves o absences cause immediae and poenially devasa-

ing economic shock o amilies, bu such leaves o absence can also have long-erm

consequences or amily economic securiy, including loss in reiremen earnings

and negaive impacs on uure earnings poenial. Research shows ha signican

amily care obligaions oen lead o reduced labor orce atachmen, which in urn

leads o lower lieime incomes.29

Despie his srong evidence o economic insecuriy caused by hese work iner-

rupions, our counry remains one o ew indusrialized counries wih no naional

sysem o shor-erm paid amily or shor-erm disabiliy leave.30

Adding paid family leave to Social Security

Adding paid amily leave o our naions primary social insurance sysem would

address he economic insabiliy women experience when aced wih caregiv-


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ing needs a home and a workplace wih limied or no policies supporing paid

ime o o mee hese caregiving needs. A naional social insurance sysem ha

included paid amily leave would reduce he earnings gap beween caregivers and

noncaregivers in erms o lieime pay.

Righ now mohers ace an earnings penaly, meaning women wih children earnless han women in comparable jobs wih no children.31 Enabling women o come

back o work aer a shor paid leave will also reduce he gap in economic securiy

in reiremen, as a lieime o greaer labor orce paricipaion and higher earnings

will lead o higher reiremen and Social Securiy benes, reducing some womens

economic insecuriy in reiremen.

I makes sense o add paid amily leave o Social Securiy because i s ino Social

Securiys mission o economically sabilize amilies when boh expeced and

unexpeced drops in amily income occur. Similar o our counrys exising Social

Securiy program, paid amily leave is inended o provide amilies wih neces-sary income securiy when a amily breadwinner mus ake leave rom work due

o a work inerrupion, wheher planned or unexpeced. Tis is why he Social

Securiy Ac should be amended o insure agains:

Unexpected work interruptions: Income los due o he serious illness o a am-

ily member, such as a child wih cancer, should be added o our exising social

insurance program. Currenly, Social Securiy and unemploymen insurance

only provide or los income rom losing a job hrough no aul o he worker or

when a worker dies or becomes permanenly disabled.

Planned work interruptions:Social Securiy should provide income replace-

men or he planned lie even o welcoming a new child ino he amily, an

even ha can be nancially overwhelming and can lead o increased amily

povery, similar o reiremen.32 Social Securiy currenly only provides income

replacemen or he planned lie even o reiremen.

Te curren reiremen and disabiliy componens o Social Securiy were esab-

lished under he assumpion ha workers would leave heir jobs and never

re-ener he workorce. In conras proposals or paid amily and medical leaverecognize ha emporary paid leave can provide workers wih suppor o allow

hem o reurn o heir job or re-ener he workorce once heir healh or amily

siuaion has sabilizedmuch like he goal o unemploymen insurance (sabiliz-

ing amily income unil workers can nd a new job).


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10 Ceter or America Proress | Protecti Workers ad Their Families with Paid Family Leave ad Careivi Credi

Paid amily and medical leave is paricularly imporan or women who sill do

a disproporionae share o caregiving or children and ill amily members. Daa

rom oher counries ha have adoped social insurance programs or paid amily

and medical leave sugges ha providing women wih he means o ake empo-

rary ime o keeps hem working and also increases heir lieime wages. In coun-

ries ha provide incenives or men o ake paid amily leave, hey do i.33

Te Cener or American Progress has proposed a new program, Social Securiy

Cares, o modernize he program so ha he expeced and unexpeced lie evens

aced by odays workersrom he birh o a child o a sudden hear atackwill

come wih insurance agains large and devasaing drops in amily incomes.34

Social Securiy Cares would amend he Social Securiy Ac o allow workers o

ake ime o or he hree primary sources o work-amily conic:

Te workers own serious illness o care or a seriously ill amily member o care or a newborn or newly adoped or osered child

Mos employees in he Unied Saes oday who need o ake leave rom work or

hese hree reasons have no opions or income replacemen. A bes, ederal law

may proec hem rom losing heir job bu only i hey have been employed or a

long enough period o ime (a leas 12 monhs), worked enough hours (a leas

1,250 hours in he previous year), and work or a large enough employer (a leas

50 employees in a 75-mile radius).

Tese resricions mean ha abou hal o privae-secor workers are ineligible or

job-proeced leave.35 Nearly 90 percen o hose who needed leave bu did no

ake i cied nancial reasons.36 Social Securiy Caresa program proposed in

he Cener or American Progress repor called Helping Breadwinners When I

Can Wai, auhored by Senior Economis Heaher Boushey, and included in he

proposed plan o modernize Social Securiy iled Building I Up, No earing I

Down, by Cener or American Progress Senior Fellow Chrisian Wellerwould

begin o address hese inadequacies in our curren ederal employmen laws.37

Social Securiy Cares would provide up o 12 weeks parial wage replacemen or

eligible workers who need o ake leave rom work in order o bond wih a childaer birh or adopion, o recover rom heir own serious illness, or o provide

care or a seriously ill amily memberhe same lengh o leave and qualiying

condiions provided in he Family and Medical Leave Ac o 1993.38


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Similar o ha exising law, Social Securiy Cares leave would be gender neural,

wih men and women qualiying or he same amoun o leave, which would

encourage greaer upake by men. Wage replacemen would be adminisered

hrough a newly developed rus und wihin he Social Securiy Adminisraion.

More inormaion regarding he adminisraion o Social Securiy Cares can beound in our repor, Social Securiy Cares: Why America is Ready or Paid

Family and Medical Leave.39 Bu briey, he commissioner o he Social Securiy

Adminisraion would esablish an Ofce o Paid Family and Medical Leave

wihin he agency o adminiser paid amily and medical leave. Te adminisraion

o he proposed law would allow or he creaion o a naional program buil on

he experise and efciencies o an already exising naional inrasrucure, includ-

ing daa and paymen sysems and appeals neworks.40

In order o cover as many workers as possible, he rules or eligibiliy would be based

on eligibiliy or Social Securiy Disabiliy Insurance. Eligibiliy or his insurance isage-adjused, meaning ha younger workers wih less work hisory can sill be cov-

ered. Because eligibiliy is ied o lieime employmen hisory, no enure or hours

wih a specic employer, workers who hold muliple par-ime jobs, who work or

small businesses, and who have changed employers wihin he previous year are no

penalizedprovided hey have sufcien labor orce atachmen.41

Social Securiy Cares would include language o preven realiaion and discrimi-

naion agains leave akers, bu unlike he exising Family and Medical Leave Ac,

he new program would no require job proecion. Social Securiy Cares leave is

inended o be aken in conjuncion wih FMLA leave or hose workers who cur-

renly qualiy or job-proecion. Exending job proecion o par-ime workers,

workers in small businesses, and domesic parners would need o be addressed

hrough separae legislaive acion. Building on Social Securiy makes clear ha

paid amily and medical leave should be par o he naions abric o social insur-

anceinsurance ha is provided in he course o lie evens ha cause economic

hardship and amily economic insabiliy.42


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Reforms must provide paid family

and medical leave and caregiving

credits

Social Securiy Cares would allow a very broad swah o caregivers o qualiy or

paid amily leave insurance benes.43 Bu hose who are no regularly employed,

as well as hose who do no reurn o employmen aer heir paid amily leave

ends, will need benes o ensure ha leaving he labor orce or a long srech o

ime o provide care o heir children or relaives will no leave hem economically

devasaed in heir reiremen years.

For he pas several decades, Social Securiy reormers ineresed in alleviaing he

economic consequences or workers who exi he workorce in order o provide

amily care have ocused reorm proposals on improving reiremen benes or

hose caregivers (primarily women) who enirely leave he labor orce or a num-

ber o years in order o ake care o children or ill or elderly amily members.

Tese proposals or Social Securiy caregiver credis, which have come rom boh

he le and he righ, are aimed a valuing and rewarding he work o unpaid am-

ily caregiving or he purposes o calculaing reiremen benes. O course, here

are dierences in he approaches. Te bills inroduced by conservaive members

o Congress include marriage requiremens, whereas he bills inroduced by pro-

gressives do nocuting o he hear o he debae abou how o updae Social

Securiy o accuraely represen odays amilies. Conservaives believe social

policy should be consruced o proec he radiional view o he amily, while

progressives recognize ha amilies have changed and ha he sysem should be

updaed o promoe equiable access o Social Securiy. (see box or a hisory o

his legislaive divide in Congress)


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Social Security caregiver creditsthe basics

Te proposed reorms presened in his paper are squarely progressive. Bu

rs we need o quickly provide he basics on how Social Securiy credis are

currenly calculaed.

In order o qualiy or Social Securiy reiremen benes, individuals mus earn

40 Social Securiy work credis over heir working lie (equivalen o 10 years o

earning ull credis). In 2011 every $1,120 in axable income earned one crediand workers can earn up o a maximum o our credis per year. Workers can reire

wih ull benes once hey have reached he ull reiremen age, which ranges

rom 65 years o 67 years, depending on he year he worker was born, or hey can

choose o ake reduced benes saring a age 62.

In 1999 the National Council o Womens Organizations Task Force on

Women and Social Security published a report that advocated or a

amily service credit (later called the caregiver credit) o $5,000 or

each year spent perorming unremunerated caregiving.44

The policyscholars at that meeting equated the credit with what men receive

or serving in the military.45

The idea gained greater prominence when then-Vice President Al

Gore championed it as part o his 2000 bid or the presidency. Vice

President Gores proposal would have credited stay-at-home parents

with earnings o hal o the national average wage ($16,500 in 2000)

or up to fve years, which would have resulted in an average increase

in retirement benefts o $600 per year or approximately 8 million

individuals.46

Since that time Rep. Nita Lowey (D-NY) has continuously introduced

bills to provide these credits to stay-at-home caregivers. Her Social

Security Caregiver Credit Act would allow caregivers who provide

defned types and amounts o amily care to have each qualiying

caregiving period deemed paid at 50 percent o the average wage

used generally in the Social Security ormula.47 Up to 60 months, or 5

years, o caregiving could be deemed paid.48

Then in 2006 and again in 2008 Rep. Terry Lee (R-NE) and Sen. S

Brownback (R-KS) introduced Social Security caregiver credits a

o their Parents Tax Relie Act,an omnibus bill ocused on maki

tax code riendlier to traditional (working dad, stay-at-home mamilies.49 For the purpose o Social Security beneft calculation

the Parents Tax Relie Act would have deemed wages equal to t

national average wage index to caregivers providing unpaid ca

their child either under age 6 or under age 10 and disabled or

10 years.50

But the benefts potential or higher retirement earnings unde

this conservative proposal would have been severely limited by

defnition o qualifed individuals. To receive the credit an indiv

had to be married or more than 90 days during the year(s) they

would be claiming and had to live with their spouse and child,

was a child.51 Single mothers; unmarried, divorced, or never-ma

mothers; and unmarried couples would be unable to claim the

signifcantly curtailing its potential to help lower-income amil

among which single parenthood is much more common.52

The progressive proposals presented in this paper do not make

distinctions, recognizing the realities o amily lie today.

The legislative history of the Social Security caregiving credit


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Te amoun o Social Securiy reiremen benes is calculaed using average

indexed monhly earnings. For reiremen benes, his calculaion is based on

earnings indexed and averaged over 40 years minus ve years in which eiher no

earnings occurred or low earning occurredmeaning he bene amoun is based

on a workers op 35 earning years.

Social Securiy caregiver credis would change he way ha Social Securiy reire-

men benes are calculaed o eiher limi he penaly or ime o or deem he ime

paid or inormal caregivers during he monhs or years spen providing care ouside

ormal employmen. For caregivers oday each year hey provide inormal, uncom-

pensaed care couns as zero or he purposes o he bene amoun ormula. Tis

means ha or hose caregivers more likely o be unemployed, or more likely o need

o ake ime o o have children or o provide uncompensaed care, i is very difcul

o reach 35 years o earnings o pu ino he Social Securiy ormula, causing every

zero caregiving year o drag down he workers overall average.

Many women who ake ime o o provide amily care may sill receive Social

Securiy reiremen benes as he spouse or, in some cases, ex-spouse o a qualiy-

ing worker. Spousal benes, on he basis o a workers reiremen or disabiliy, can

be claimed when he spouse reaches he age o 62 (or ex-spouses, hey can only

be claimed i he marriage lased or a leas 10 years). Spousal benes are equal o

hal he workers primary insurance amoun while he worker is sill alive and 100

percen o he bene aer he workers deah. A spouse wih his or her own work

hisory receives he higher o his or her own bene or he spousal bene.

While hese benes were never designed o compensae women or caregiving

work, some argue ha hey ac as de aco caregiver credis or hose in radi-

ional marriages, while ohers say ha he credis in no way ake ino accoun

wheher a spouse acually provided amily care.53 Regardless, i is clear ha he

idea or Social Securiy caregiver credis was mean o address he inequiy aced

by women who ook many years ou o he labor orce o provide amily care bu

did no qualiy or spousal benes, eiher because hey were never married or

heir marriage lased less han 10 years.

When Social Securiy caregiv ing credis rs suraced as a policy idea in he1990s, he American people were only jus beginning o comprehend he chang-

ing work paterns o men and women. Mos people sill presumed ha women

spen signicanly more years han men enirely ou o he workorce earning no

income. o some exen his was rue, as men averaged only one year wih zero

earnings in 35 years o working, and women averaged 12 years o zero earnings


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in ha same ime rame.54 Bu he ground was shiing

rapidly in he workorce.

oday his gap is signicanly reduced. Te Social

Securiy Adminisraion projecs ha or baby boomers

(hose born beween 1946 and1960), women will havean average o only 3.7 years o zero earnings in 35 years o

work, and men will average 2.8 years o zero earnings.55

Ye his reducion in he average number o zero-earning

years or women (and sligh increase or men) masks he

coninued signican number o years ha workers in he

lowes earning quarile are ou o he workorce.

On average baby boomers wih earnings in he botom

25 percen o all income earners will have 12.9 years o

zero earnings over 35 working years.56 Tough his sa-isic is no broken down or men and women, boh low-

wage men and women are signicanly more likely han

higher-earning workers o be ou o he workorce due o

unemploymen, disabiliy, or caregiving.57 (see Figure 1)

Tis saisic also masks he ac ha even i women do no

leave he workorce enirely, hey may reduce heir hours

and in urn, reduce heir pay in order o manage heir

caregiving responsibiliies. Te Social Securiy caregiving

credi proposals promoed by progressives, including Vice

Presiden Gore and Rep. Nia Lowey, would allow work-

ers o earn credis or caregiving in addiion o he credis

hey were earning in he labor marke so ha hey would

be deemed paid up o hal o he average naional wage or

purposes o calculaing heir reiremen benes.

The importance of combining caregiving credits and paid family leave

Tere are a number o reasons ha low-income workers have he highes number

o zero-earnings years. Te primary reason, o course, is he insabiliy and unpre-

dicabiliy o he low-wage labor marke. Bu i should be noed ha low-wage

earners are also he leas likely o have access o aordable, qualiy child care and

he leas likely o have access o unpaid or paid amily leave.58

FIGURE 1The dynamics of change in Social Security

earnings among Americans born between

1926 and 1960

Projected mean numbers o years o zero earnings

within 35 years o working, by income birth cohort

and income quintile

Depression and WWII cohortsborn between 1926-1945

Baby-boom cohortborn between 1946-19

22.8

12.9

1.9

0.2

6.1

1.10.1 0.1

0

5

10

15

20

25

Lowest quintile

Second quintile

Third quintile

Highest quint

Depression and WWII cohorts

born between 1926-1945

Baby-boom cohort

born between 1946-196

3.7 3.7

12.5

2.8

Men

Women

14

12

10

8

6

4

2

0

Projected mean number o years o zero earnings w

35 years o working, by birth cohort and gender

Source: Chad Newcomb, Distribution of Z

Earning Years by Gender, Birth Cohort andLifetime Earnings (Washington: U.S. Socia

Administration, Research and Statistics, 20


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In addiion, according o he working elder caregiver sudy rom he Families and

Work Insiue, a majoriy o working caregivers o he elderly (54 percen) repor

inererence beween caregiving and work, and one in ve curren caregivers

repor experiencing a negaive impac a work as a resul o his inererence.59 As a

resul, low-wage workers oen make a shor-erm economically raional choice o

orgo work in he labor marke in order o provide amily care.60

Tis decision, while raional in he shor run, leaves workers wih much less reire-

men income han hose who say conneced o he labor orce. In ac, Melissa

Favreaul o he Urban Insiue ound ha aking ve or more years o o provide

care during ones working years leaves older aduls wice as likely o have low Social

Securiy benes as hose who did no leave he labor orce o serve as caregivers.61

In order o coninue o encourage labor marke paricipaion while recogniz-

ing he realiies ha many Americans can ake leave rom work wihou pay,

Congress needs o amend he Social Securiy Ac so ha low-wage workers canake paid amily leave and earn credis owards reiremen when aking leave due

o amily caregiving responsibiliies. Tas why his paper recommends:

Providing paid family leave for all workers as the first priority: Much o Social

Securiy ress on he noion ha here are caregivers who can and should remain

ou o he workorce or many years a a ime. Our proposal inenionally recom-

mends an updaing o Social Securiy o reward and encourage working caregiv-

ers who ulimaely will have greaer lieime earnings because hey will be able

o ake emporary leaves rom work, raher han years away a a ime.

Combining paid family leave with S ocial Security caregiving credits: Workers

will coninue o ake ewer and ewer years away rom he workorce, bu hose

who mus ake some years because heir work provides no leave or because hey

have no opion or aordable child care or elder care should no be punished in

reiremen and should no be orced o deal wih reduced reiremen income i

hey are no married or were never married. Furhermore, hose workers who

remain in he workorce bu mus signicanly reduce heir hours and heir earn-

ings also should no be punished. Workers should be able o ake up o ve years

away rom he labor marke or ake ve years o signicanly reduced paricipa-ion in he labor marke in order o provide amily care and sill receive credi

oward heir Social Securiy reiremen benes a 50 percen o he naional

average wage ($20,837 in 2011).


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Conclusion

Updaing Social Securiy o mee is original goal o providing economic securiy

o amilies as a whole mus accoun or how amilies work and live oday. Unlike

he Social Securiy developed or our grandparens, he Social Securiy or our

generaion mus recognize a greaer abiliy, and in many cases a necessiy, o work

hroughou ones lie, even when aced wih serious illnesses, disabiliies, and

signican amily obligaions.

Including paid amily and medical leave benes wihin Social Securiy providesnecessary emporary insurance or workers wih amily caregiving or personal

medical needs while encouraging srong atachmen o he labor orce, which

allows or greaer produciviy over workers lieimes. Coupling a new paid amily

and medical leave bene wih a Social Securiy caregiving credi would ensure

ha hose low-income workers who canno combine amily care wih work

because o limied access o jobs, aordable child care or elder care, and leave ben-

es would be a leas parially compensaed or heir caregiving in reiremen.


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About the author

Ann OLeary is direcor o he Children and Families program a Te Cener or

he Nex Generaion, a Senior Fellow wih he Cener or American Progress, and

a lecurer a he Universiy Caliornia Berkeley School o Law. Previously OLeary

served as execuive direcor o he Berkeley Cener on Healh, Economic &Family Securiy Program a he Universiy o Caliornia Berkeley School o Law; a

depuy ciy atorney or he Ciy o San Francisco; a law clerk o U.S. Ninh Circui

Cour o Appeals Judge John . Noonan, Jr.; and as legislaive direcor or ormer

Sen. Hillary Rodham Clinon (D-NY).

Prior o ha, OLeary served in a number o posiions in he Clinon admin-

israion, including as special assisan o he presiden in he Domesic Policy

Council, policy advisor o he Firs Lady, and senior policy advisor o he secre-

ary o Educaion. She sis on he board o he Eas Bay Communiy Law Cener.

OLeary previously served on he Board o Public Advocaes; as a voluneer policyadvisor o he Hillary Clinon or Presiden campaign on issues relaed o chil-

dren and working amilies; and on he Obama-Biden ransiion eam, where she

advised he incoming adminisraion on early childhood educaion issues.

Acknowledgements

Te auhor wishes o hank rs and oremos Heaher Boushey or her creaive

hinking and salwar leadership in he arena o work-amily policy and or her

gracious ediing and good ideas hroughou his projec. Te auhor also hanks

Gabriela Lopez or research assisance and Sarah Jane Glynn or assisance wih

chars and ediing suggesions. Tanks also go o Heidi Harman or her wise

counsel abou he mechanics o he Social Securiy caregiving credis and o

Vicki Shabo or her subsanive suggesions on he paid amily leave secions o

he paper. Finally, hank you o he Rockeeller Foundaion or supporing his

work, o he Cener or American Progress or parnering wih he Universiy

o Caliornia, School o Laws Berkeley Cener on Healh, Economic & Family

Securiy (Berkeley CHEFS) o conduc his research, and o Phyliss Marinez

and Mat Chay a Berkeley CHEFS or heir coninued suppor in assising mein compleing his paper.


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Endnotes

1 noti that dual-earer amilies had reater icome rowththa so-called traditioal amilies ad that sile-paret-headedhouseholds relied almost exclusively o womes earis. See:Heather Boushey, The new Breadwiers. I Heather Boushey adA OLeary, eds., The Shriver Report: A Womans Nation ChangesEverything (Washito: Ceter or America Proress, 2009).

2 Catalyst, Wome Leavi ad Reeteri the Workorce (2011),

available at http://www.catalyst.or/le/507/qt_wome_leavi_re-eteri_workorce.pd.

3 A OLeary, Whats the Workplace Impact? I Aela Timashekageier ad others, eds., The Shriver Report: A Womans Nation Takeson Alzheimers (Washito: The Alzheimers Associatio, Simo &Schuster ebooks, 2010).

4 Shelly J. Correll ad others, getti a Job: Is there a MotherhoodPealty?,American Journal of Sociology112 (5) (2007).

5 Productivity Commissio, Chapter 5: The Labour Market Impacts ofPaid Parental Leave (Australia govermet, 2008).

6 The Social Security Careiver Act, H.R. 5751, was rst itroducedby Rep. William Huhes (D-nJ) i 1990. Ater Rep. Huhes retiredi 1995, Rep. nita Lowey (D-nY) has itroduced the bill i everyCoress sice 1996. Sice 2002 the bill lauae has remaiedessetially idetical. See: Social Security Caregiver Credit Act of 2009,

H. Rept. 769, 111 Co. 1 sess. (govermet Priti Oce, 2009).

7 See, or example: Heather Boushey ad Sarah Jae gly, TheEects o Family ad Medical Leave o Employmet Stability adEcoomic Security (Washito: Ceter or America Proress,2012)

8 Catalyst, Wome Leavi ad Reeteri the Workorce; OLeary,Whats the Workplace Impact?

9 Madoa Harrito Meyer, Maki Claims as Workers or Wives:The Distributio o Social Security Beets,American SociologicalReview61 (1996): 449465.

10 natioal Partership or Wome ad Families, 2010 StateActio o Paid Family Leave (2010), available at http://www.atioalpartership.or/site/DocServer/Paid_Leave_Track-i_2010_-_07_19_10__2_.pd?docID=1921.

11 Heather Boushey ad Sarah Jae gly, The Eects o Family adMedical Leave o Employmet Stability ad Ecoomic Security,(Washito, DC: Ceter or America Proress, 2012); A OLeary,Matt Chayt, ad Eve Weissma, Social Security Cares: How We CaImplemet Paid Family ad Medical Leave, (Washito, DC: Ceteror America Proress, 2012).

12 Heather Boushey, Social Security Cares 101: Providi Paid FamilyLeave Throuh Social Security (Washito: Ceter or AmericaProress, 2010); Heather Boushey, Helpi Breadwiers Whe itCat Wait: A Proressive Proram or Family Leave Isurace (Wash-ito: Ceter or America Proress, 2009); Workplace Flexibility2010 ad the Berkeley Ceter o H ealth Ecoomic & Family Security,Family Security Isurace: A new Foudatio or Ecoomic Secu-rity (2010).

13 Social Security Admiistratio, Fact Sheet o the Old-Ae, Survi-vors, ad Disability I surace Proram (2010), table 5.A.1, availableat http://www.ssa.ov/policy/docs/statcomps/supplemet/2011/5a.

pd.

14 Christia Weller, Buildi it Up, not Teari it Dow: A ProressiveApproach to Strethei Social Security (Washito: Ceter orAmerica Proress, 2010).

15 Boushey, The new Breadwiers.

16 Bureau o Labor Statistics, Current Establishment Survey, January 2010(Departmet o Labor, 2010).

17 Boushey, The new Breadwiers.

18 For those amilies with oe stay-at-home paret, this optio remaisa importat orm o sel-structured amily isurace. Duri thegreat Recessio, the percetae o two-paret amilies with oly

the mother employed rose rom 3.4 percet i 2007 to 5.1 percet i2009, suesti that as me lost their jobs, stay-at-home mothersdid eter the workorce. For more iormatio o this orm o amilyisurace, see: Chihui Juh ad Simo Potter, Is There Still aAdded-Worker Eect? (new York: Federal Reserve Bak o new York,2007).

19 Workplace Flexibility 2010 ad the Berkeley Ceter o HealthEcoomic & Family Security, Family Security Isurace: A newFoudatio or Ecoomic Security.

20 Elizabeth Warre ad Amelia Warre Tyai, The Two-Income Trap:Why Middle-Class Mothers & Fathers are Going Broke(new York: BasicBooks, 2003).

21 Kristi Smith, Wives as Breadwiers: Wives Share o FamilyEaris Hits Historic Hih Duri the Secod Year o the greatRecessio (Durham, nH: Carsey Istitute at the Uiversity o newHampshire, 2010), available at http://www.carseyistitute.uh.edu/

publicatios/IB-Smith-Breadwiers10.pd.

22 Katheri Ross Phillips, getti Time O: Access to Leave AmoWorki Parets ( Washito: The Urba Istitute, 2004).

23 Ashley Elish, Heidi Hartma, ad Ariae Heewisch, Uemploy-met Amo Sile Mother Families (Washito: Istitute orWomes Policy Research, 2009), available at http://www.iwpr.or/publicatios/pubs/uemploymet-amo-sile-mother-amilies.

24 Ibid.

25 Joit Ecoomic Committee, Women in the Recession: Mothers andFamilies Hit Hard, 111th Co., 2d sess., May 28, 2009

26 Hacker ad others, Ecoomic Security at Risk: Fidis From theEcoomic Security Idex (Coecticut: Ecoomic Security Idex,2010).

27 Joa Williams ad Heather Boushey, The Three Faces o Work-FamilyCofict (Washito: Ceter or America Proress, 2010).

28 Warre ad Tyai, The Two-Income Trap.

29 gillia Lester, A Deese o Paid Family Leave, Harvard J.L. & Gender28 (2005): 2122.

30 The Uited States is oe o three coutries without a paid ederalmaterity leave system (Swazilad ad Papua new guiea are theother two). See:Due Lawrece ad Aliso Fitzerald, America LastAmo Peers With no Paid Federal Materity-Leave, Bloomber,February 21, 2011, available at http://www.bloomber.com/ews/2011-02-22/america-last-amo-peers-with-o-paid-ederal-materity-leave.html. A Harvard study cocluded that o the 168coutries studied, 45 coutries oered paid paterity or paretalleave. The Uited States was ot amo these coutries. See:natioal Partership or Wome & Families, Expecti Better: AState-by-State Aalysis o Paretal Leave Prorams (2006). While

approximately 145 coutries oer paid sick leave or short or loterm illesses, the Uited States provides upaid leave or serious ill-ess. See: Joey Heyma, Aliso Earle, ad Jerey Hayes, The WorkFamily, ad Equity Idex: How Does the Uited States M easure up?(Motreal: Mcgill Uiversitys Istitute or Health ad Social Policy,2007).


23/24


31 Michele Budi ad Paula Elad, The Wae Pealty or Mother-hood,American Sociological Review66 (2001): 204225.

32 natioal Campai to Prevet Tee Preacy, Why It Matters: TeePreacy, Poverty ad Icome Disparity (2012), available at http://www.theatioalcampai.or/why-it-matters/pd/poverty.pd.

33 Boushey ad gly, The Eects o Family ad Medical Leave oEmploymet Stability ad Ecoomic Security ; Workplace Flexibility2010 ad the Berkeley Ceter o Health Ecoomic & Family Security,Family Security Isurace: A new Foudatio or Ecoomic Secu-rity.

34 Social Security Cares: How We Ca Implemet Paid Family adMedical Leave.

35 Jae Waldoel, The Impact o the Family ad Medical Leave Act,Journal of Policy Analysis and Management18 (2) (1999): 281303.

36 David Cator ad others, Balaci the needs o Families ad Em-ployers: Family ad Medical Leave Surveys, 2000 Update (Rockville,MD: Westat, 2001).

37 Heather Boushey, Helpi Breadwiers Whe It Cat Wait: A Pro-ressive Proram or Family Leave Isurace (Washito: Ceteror America Proress, 2009).

38 Heather Boushey, Social Security Cares 101: Providi Paid FamilyLeave Throuh Social Security (Washito: Ceter or AmericaProress, 2010).

39 A OLeary, Social Security Cares: Why America Is Ready or PaidFamily Leave (Washito: Ceter or America Proress, orthcom-i).

40 Workplace Flexibility 2010 ad the Berkeley Ceter o HealthEcoomic & Family Security, Family Security Isurace: A newFoudatio or Ecoomic Security.

41 Labor orce attachmet is measured by credits that workers ear.Idividuals must ear a s pecied umber o work credits to qualiyor disability or retiremet beets. I 2011, $1,120 o taxableicome eared oe credit (or a miim um-wae worker, it wouldtake just uder 4 weeks worki 40 hours per week to ear thiscredit). Workers ca ear up to a maximum o our credits per year.Qualiyi or disability beets depeds o the ae i which youbecome disabled. Beore ae 24, six credits are required (equivaletto 1.5 years o work); betwee the aes o 24 ad 31, idividualsmust have credit or worki hal the time betwee ae 21 ad theyear they became disabled; or workers ae 31 or older, the umber

o credits required icreases with ae. O the credits required, 20must have bee eared i the previous 10 years (edi i the yeari which the idividual became disabled).

42 Boushey, Helpi Breadwiers Whe It Cat Wait.

43 Heather Boushey ad Sarah Jae gly, Comprehesive Paid Familyad Medical Leave or Todays Families ad Workplaces: Crati aPaid Leave System that Builds o the Experiece o Existi Federalad State Prorams (Washito, DC: Ceter or America Pro-ress, 2012).

44 At the time, that is approximately how much a part-time miimumwae earer would have bee maki. See Heidi Hartma, Cath-erie Hill, ad Lisa Witter, Strethei Social Security or Wome--A Report rom the Worki Coerece o Wome ad SocialSecurity (Washito: Istitute or Womes Policy Reserach, 2000),available at http://www.iwpr.or/publicatios/pubs/strethei-social-security-or-wome-a-report-rom-the-worki-coerece-

o-wome-ad-social-security.

45 Ibid.

46 James Dao, gore Proposes new Beets or Parets ad Widows,The New York Times, April 5, 2000; Slate, Policy Corer: gores SocialSecurity Pader, April 5, 2000, available at http://www.slate.com/articles/ews_ad_politics/ballot_box/2000/04/policy_corer_ores_social_security_pader.html.

47 Eihty ucompesated hours or more per moth or depedetrelatives, icludi childre, radchildre, ieces, ad ephews u-der ae 12, or or childre, radchildre, ieces, ephews, parets,auts, ucles, spouses, or domestic parters who are chroically

depedet (eed assistace with at least two activities o daily liv-i). See: Social Security Caregiver Credit Act of 2009.

48 Ibid.at (b)(1)(B).

49 Parents Tax Relief Act of 2005, H. Rept. 3080, 109 Co. 1 sess.;Parents Tax Relief Act of 2005, S. 1305, 109 Co. 1 sess.; Parents TaxRelief Act of 2007, H. Rept. 1421, 110 Co. 1 sess.; Parents Tax ReliefAct of 2007, S. 816, 110 Co. 1 sess.

50 Ibid.at 9.

51 Ibid.

52 noti that sile-paret amilies are more tha twice as likely to below icome as two-paret amilies. See: Heather Koball ad AyaaDoulas-Hall, Rate o Childre i Low-Icome Families Varies Widelyby State (new York: natioal Ceter or Childre i Poverty, 2004).

53 Madoa Harrito Meyer, Maki Claims as Workers or Wives:The Distributio o Social Security Beets.

54 Madoa Harrito Meyer, Maki Claims as Workers or Wives: TheDistributio o Social Security Beets.

55 Chad newcomb, Distributio o Zero-Eari Years by geder,Birth Cohort ad Level o Lietime Earis (Washito: U.S. SocialSecurity Admiistratio, Research ad Statistics, 2000).

56 Ibid.

57 Heidi Hartma, Catherie Hill, ad Lisa Witter, Strethei So-cial Security or Wome; noti the potetial beets o CareiverCredits to provide assistace or umarried mothers who receive ospousal or survivor beets, see:Melissa Favreault ad C. EueeSteuerle, The Implicatios o Career Leths or Social Security(Washito: The Urba Istitute, 2008).

58 Williams ad Boushey, The Three Faces o Work Family Cofict.

59 Kersti Auma ad others, Worki Family Careivers o the El-derly: Everyday Realities ad Wishes or Chae (new York: Familiesad Work Istitute, 2010).

60 Ibid.

61 For those with betwee ve ad ie uremuerated careiviyears, 33.3 percet received Social Security beets o less tha pov-erty, compared to oly 16.5 percet o th ose who had o careiviyears. See: Melissa M. Favreault, Worker with Low Social SecurityBeets: Implicatios or Reorm (Washito: The Urba Istitute,2010).


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Protecting Workers and Their Families with Paid Family Leave and Caregiving Credits

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