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A House Is Not a Home Without Rights for Care Workers

6:43 pm in Uncategorized by Michelle Chen

Caregivers and clients gather in Washington, D.C. to support workers’ right to organize. (SEIU Healthcare Illinois and Indiana via Facebook)

Originally published at In These Times

Does a public union belong in the most private of workplaces? Thousands of personal care workers in Illinois who tend to elders and people with disabilities at home wouldn’t have it any other way. For years, they’ve relied on the Service Employees International Union (SEIU) to negotiate their contracts. But a radical anti-union movement has gone to the Supreme Court to challenge care providers’ right to organize—putting hard-won labor gains in serious danger.

The case now before the court, Harris v. Quinn, started with a class-action lawsuit filed in 2010 by several care providers in a state Medicaid-financed program for people with disabilities. The plaintiffs argue that their automatic incorporation into a public sector union—with the requirement to pay dues—violates their free speech and free association rights.

The litigation, which lost first in a federal district court and later in the Seventh Circuit Court of Appeals, stems from the political agenda of the anti-union National Right to Work Legal Defense Foundation, whose representatives are arguing on behalf of the plaintiffs. In the past, the group has led campaigns in various states to push “right to work” legislation that undermines the dues obligations unions rely on to finance their operations. This time, it’s attempting through the judiciary system to weaken the collective bargaining authority of public-sector unions.

In 1977, a Supreme Court decision mandated that unions named as the bargaining agent for a group of workers must represent all of them. In turn, those who benefit from unions’ negotiations with employers must pay their “fair share” of the cost in the form of dues. If the Defense Foundation’s challenge succeeds, it could nationally damage this “fair share” precedent, thereby eviscerating unions’ financial resources. And on a statewide level, home care workers would be left with less protection in the workplace and less leverage to negotiate as a group.

The workers at the heart of Harris are an unusual group of public servants: They’re based in private homes as hands-on caregivers, yet they’re supported by taxpayer dollars. As state employees, they also enjoy working conditions that are a cut above a home healthcare typically industry characterized by low wages, high turnover and sparse benefits. Unlike many nannies, housekeepers and privately employed home aides, some 20,000 SEIU-represented workers have a steady contract with the state of Illinois. And during the past decade, SEIU has enabled its care providers to gain access to professional training, a new healthcare fund and a 65 percent wage hike.

But Flora Johnson, a home care provider and chair of SEIU Healthcare Illinois’s Executive Board, testified recently that a Legal Defense Foundation victory could threaten those advancements.

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National Paid Family Leave May Finally Be on the Horizon

6:12 am in Uncategorized by Michelle Chen

 

Senator Kirsten Gillibrand (D-N.Y.) is one of the sponsors of the bill to support paid leave insurance for families. (Flickr / personaldemocracy / Creative Commons)

Originally published at In These Times

Any working parent will tell you that raising a family might as well be another full-time job—one that comes with no vacation days or health benefits. But millions of Americans don’t get days off from their regular job, either, even for the sake of their health or their family’s.

According to the National Partnership for Women and Families (NPWF), just 12 percent of American workers can take paid leave time to tend to an illness in their household, and only about 40 percent can get time off for themselves through employer-sponsored disability coverage. This gap affects about two-fifths of the private sector workforce, or 40 million people—a vast deficit compared to many other industrialized countries, where paid leave is routine.

Now, though, some lawmakers are recognizing that taking a few weeks off to deal with a health challenge shouldn’t hurt your paycheck. Representative Rosa DeLauro (D-Conn.) and Senator Kirsten Gillibrand (D-N.Y.) have sponsored legislation to establish a nationwide paid family leave insurance program that would partially protect the wages of workers who take time off for the medical needs of themselves or their families.

Financed by small contributions from payroll checks and employers, the program would allow workers to “take time for their own serious health condition, including pregnancy and childbirth recovery; the serious health condition of a child, parent, spouse or domestic partner; the birth or adoption of a child; and/or for particular military caregiving and leave purposes,” according to a briefing by NPWF, who is one of the groups campaigning for the bill, known as the Family And Medical Insurance Leave Act (FAMILY) Act.

The proposed monthly benefits would generally range from $580 to $4,000, depending on income. Like Social Security taxes, the insurance would require a small payroll deduction from the employee and would enable workers to earn as much as two-thirds of their regular weekly earnings for 12 weeks. After the first year, the payment rate would increase based on the average national wage. Overall, advocates say, the federal program would help provide stability for many low-income and precariously employed people by covering workers in any size workplace at any income level, including part-timers.

With the state of current legislation, activists point out, even workers with some insurance coverage may experience extreme hardship when a child’s illness destabilizes a family. In a testimony gathered by the New York State Paid Family Leave Coalition, a mother named Devorah from Rosendale, N.Y. recalled the hardships she faced when her daughter was born premature with a severe medical condition and continued to suffer from long-term medical problems in later years. Though her family had some insurance protection, Devorah said, “By the time we walked out of the hospital with our baby, we had spent an additional $30,000 out of pocket.” In her daughter’s first years, she went on:

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