Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, August 5, 1993 TAG: 9308050329
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: CAROLYN CLICK STAFF WRITER
DATELINE: LENGTH: Long
"I think statewide there is going to have to be some adjustments," said Michael Amyx, executive director of the Virginia Municipal League.
But he and others predicted those adjustments will come gradually, as employers and workers learn more about the law and its ramifications.
The passage of the legislation was sweet revenge to Del. Marion Van Landingham, who for five years battled the Virginia Manufacturers Association, the Virginia Retail Merchants Association, the Chamber of Commerce and Newport News Shipbuilding for a similar law on the state level.
She never succeeded, although she did finally win support for a six-week, nondiscretionary, unpaid leave for state workers.
`I'm just absolutely delighted," the Alexandria Democrat said. "Occasionally, Virginia is brought into enlightenment."
Critics have argued the law will be onerous to small business, where employee absences are more painful and retraining more difficult.
Although only companies with at least 50 employees are required to comply with the act, some suggest those just under the 50 mark will cease to grow rather than subject themselves to the requirements.
Danny LeBlanc, president of the Virginia AFL-CIO, disputes that sentiment.
"I think that this is just one of the chamber's arguments. The fact is that it will help small businesses because it will allow businesses to retain employees they would otherwise lose."
In some cases, Van Landingham said, replacements are not hired, and when they are hired, they are part-time, which costs the company less money.
"I never thought the arguments against it were very good," said Van Landingham. "It's just that businesses don't want the `mandate.' "
Often, she said, companies provided managers with such unpaid leaves but failed to include hourly workers.
"That is a pattern," she said. "The woman on the chicken-plucking line, the people who have the most marginal existence, are not included in the package."
Some of her sharpest detractors acknowledged that the best-run businesses, including competitors in Europe and Japan, already offered such incentives.
Roanoke Valley's larger employers, as well as its municipal governments, already have similar leave policies in place and anticipate no rush to take advantage of the new regulations.
"The biggest impact is continuing what the city pays toward health care," said Barry Agnew, personnel administrator for the city of Roanoke. "We are making some adjustments to comply with the act."
The city has had a discretionary leave policy in place, but the worker was required to pay his or her individual monthly health insurance premium as well as the city's portion.
Under the Family Leave Act, the employer is responsible for maintaining group health insurance coverage.
Last year, the city enacted a second leave plan that anticipated many of the requirements of the new law, Agnew said.
Roanoke County has crafted a similar leave policy over the years that allows both mothers and fathers to take time off to be with new infants or children.
"We have a fairly liberal maternity and paternity leave now," said Anne Marie Green, public information officer for Roanoke County.
Included within the county's definition of maternity and paternity leave is time off for bonding after parents adopt a baby.
At Virginia Tech, benefit programs manager Doug Martin said his department has processed several requests for the unpaid leave, although he does not anticipate a huge rush to take advantage of the new law.
"I think there will be cases, especially if they are relatively new to the university," said Doug Martin. Generally, he said, employees would have adequate paid leave by combining sick leave, annual leave and holidays.
General Electric enacted family care initiatives several years ago that embrace, and in some cases surpass, the elements of family leave, said Henry Fontela, manager of organization and staffing.
"Basically, we'll just be enhancing things.
"We have employees and we want them to be productive," Fontela said. "We can't deny the fact that they have elder care, they have children, they have child care. If we can provide cost-effective benefits . . . they will continue to be productive workers."
Carilion Health Systems Vice President Lucas Snipes said similar minor adjustments are all that are necessary at the region's largest employer.
"From our perspective, it isn't a whole lot different from what we are offering now."
While the Family Leave Act will allow new mothers and fathers an extension of maternity leave and provide caregivers breathing space to care for sick relatives, the time off is still unpaid. And that, say its supporters, will ensure its limited use.
\ FAMILY AND MEDICAL LEAVE ACT\ YOUR RIGHTS\ \ Eligible workers are entitled to 12 weeks of unpaid leave annually:
\ After the birth of a child or placement of a child for adoption or foster care.
\ To care for an immediate family member (spouse, child or parent) in ill health.
\ To take personal medical leave because of a serious health condition.
\ How do you know if you're eligible to apply for the leave?
\ The new law applies to private employers with 50 or more employees and to all public agencies, including state, local and federal employers and schools.
\ An employee must have worked for the covered employer for at least a year and have worked at least 1,250 hours over that period.
\ The employee must work at a location where at least 50 workers are employed within a 75-mile radius.
\ What happens after the leave is over?
\ The worker is guaranteed the same or equivalent job upon return.
by CNB