Paid Leave: A Counter Culture Perspective

Responding to a question about paid leave, Hillary Clinton showed her most passionate side during this week’s first Democratic primary debate. With paid leave fast-becoming a new political wedge issue, it’s worth unpacking her answer.

Like she did in the Republican primary debate, Dana Bash posed the “women’s issue” questions. On paid leave, it went like this:

Bash: Carly Fiorina, the first female CEO of a Fortune 50 company, argues, if the government requires paid leave, it will force small businesses to, quote, “hire fewer people and create fewer jobs.” What do you say not only to Carly Fiorina, but also a small-business owner out there who says, you know, I like this idea, but I just can’t afford it?

Despite the argument that paid leave is not a women’s issue, this question from a woman (Bash) pitted a woman (Fiorina) versus a woman (Clinton).

Consistent with her entire debate performance, Clinton was well-prepared:

CLINTON: Well, I’m surprised she says that, because California has had a paid leave program for a number of years. And it’s…

BASH: It’s on the federal level.

CLINTON: Well, but all — well, on a state level, a state as big as many countries in the world. And it has not had the ill effects that the Republicans are always saying it will have.

This is like saying my friend drinks tequila every day, and he is not sick, so we all should drink tequila every day!

The ill effects that Republicans (and others) talk about are fewer jobs for job seekers. California, held up as a case study, ranks #42 among all states for employment health with a 6.1% unemployment rate that exceeds the rate of the next four most populous states. There are many reasons for this, but it should make us question whether California is the model to follow.

Clinton then moved on to her personal experience:

CLINTON: I remember as a young mother, you know, having a baby wake up who was sick and I’m supposed to be in court, because I was practicing law. I know what it’s like. And I think we need to recognize the incredible challenges that so many parents face, particularly working moms.

Yes, we do need to recognize the challenges parents face. Policy-making is led largely by men, and they need help to better understand other perspectives.

Having a baby rocks your world, regardless of job type. You go from focusing on getting yourself dressed, fed and ready for a productive day to the additional responsibility to get someone else dressed, fed and ready for their day. Parents of every income bracket live this daily, most without help at home, and sympathize with Clinton’s anecdote. (With two sons, 3 and 1.5, I sure do!)

However, Clinton’s experience is a perfect example of how we tend to conflate issues.

Family-related benefits in the world of law have evolved in the last 30 years since Clinton practiced. Three to six months paid time off for mothers after the birth of a child is common. Thus, law firms rank at the high end of companies offering generous family leave benefits, and the industry’s next era will accomodate more holistic flexibility. They are not forced to by public policy but instead vying to compete for and retain top talent. (Despite this, women are leaving law firms in droves, partially because parenting doesn’t end at the 4-month mark, neither does the chance that a child may get sick when you have to be at court, but I digress).

Back to the tape:

CLINTON: I see my good friend, Senator Gillibrand, in the front row. She’s been a champion of this. We need to get a consensus through this campaign, which is why I’m talking about it everywhere I go, and we need to join the rest of the advanced world in having it.

The clincher argument, and the one that most fires up supporters of federally-mandated paid leave. How can we be so behind Europe and Third-World countries when it comes to women?

Sure, Finland is utopian, but it’s population is the size of a small U.S. state, and despite its benefits, you don’t see Americans fleeing to its snowy confines. Perhaps it’s because the OECD gives the U.S. a 10 when it comes to household income, the highest score, while Finland gets a measly 3.5.

For the rest of Europe, have you heard of the debt crisis? That’s not a scare tactic; it’s a nightmare realized. Massive young adult unemployment. Small and medium-sized businesses being crushed by red tape and regulation. And, women in fewer business leadership positions than in the U.S.

Emulating Europe is like trying to be the pretty, popular girl despite her addiction to painkillers and battle with depression.

Can we learn from other nations about what has worked? Yes, and we should.

It’s true that government pays for many things, and it’s a matter of prioritization. If elementary school for kids, why not leave time from work? Looking at Europe, we may say that it’s because paid leave has proven to have unintended consequences for women who seek to get ahead at work: both those with children and those without. Not every worker has the need for equal leave, and workplaces are not uniform, particularly as our economy is transformed by the digital revolution, and there are more mobile, on-demand work options.

For example, I worked for Twitter, Inc., when I had my first child. One of the reasons I took the job was for the 12 weeks paid maternity leave. This is a benefit that a company like Twitter can easily offer because it was a venture-backed, fast-growth start-up with little expectation of returning a profit for years, with a highly-motivated workforce and company culture that demands an all-in mentality.

This was not lost on me, and while I would have stressed about losing out on the money, I was most stressed about leaving my team without one of their players and missing a critical time in the company’s growth. On the money front, I get that new money can’t simply be created. To get paid leave, I’m losing money in wages and potential raises.

Once I had my son, I realized that while I needed to be home, I could weigh in on decisions and ideas via email. I was advised not to, at least in the first part of the leave that was covered by federal insurance for fear that it would violate the claim that I was on disability (and likely for fear of a lawsuit).

When the end of leave neared, I negotiated an alternate return plan where I would return to the office part-time earlier than expected and maintain the part-time schedule past the date of the original leave. Same amount of days taken, but on terms that worked better for me.

When a mandate is in place, there’s a higher likelihood that neither party will negotiate a personal plan. Why communicate virtually during leave — even if you want to and it will make you feel more connected to your job and co-workers — because when it’s over, the policy says that is it. No give, no take.

BASH: But Secretary — Secretary Clinton, even many people who agree with you might say, look, this is very hard to do, especially in today’s day and age. There are so many people who say, “Really? Another government program? Is that what you’re proposing? And at the expense of taxpayer money?”

CLINTON: Well, look, you know, when people say that — it’s always the Republicans or their sympathizers who say, “You can’t have paid leave, you can’t provide health care.” They don’t mind having big government to interfere with a woman’s right to choose and to try to take down Planned Parenthood. They’re fine with big government when it comes to that. I’m sick of it. You know, we can do these things. We should not be paralyzed — we should not be paralyzed by the Republicans and their constant refrain, “big government this, big government that,” that except for what they want to impose on the American people. I know we can afford it, because we’re going to make the wealthy pay for it. That is the way to get it done.

And that was the same idea in California. Which state has seen the greatest decline in the middle class? California. The idea of the government offering more programs and the wealthy paying for it never only impacts the wealthy. Instead, the wealthy who have much to spare are able to invest and re-invest for continued wealth accumulation, while the middle class is paralyzed.

Real Problem

So what about the single Mom who can barely make ends meet and can’t afford to miss any time without pay? I appreciated my paid leave, but I could have afforded to take a couple of months off without pay. Many Americans can’t do the same.

While we continue to celebrate companies who assess and discover that family leave works, we must recognize the needs of our nation’s most vulnerable. Workers with the least education and the lowest pay have the fewest options.

We need a safety net. Let’s measure the problem and target the solution: it will probably involve government assistance.

For those with less dire circumstances who work for employers that don’t currently offer paid leave, how can we incentivize personal planning and saving? How can we further incentivize (or pressure) companies to offer leave? Before we add further tax burdens, perhaps make it required to discuss a company’s leave policy during the hiring process. That way, an individual can decide whether the job is a right fit. How about tax-free savings accounts, perhaps with incentives for employers to match contributions? How about being able to accrue overtime hours and put the pay towards time off? On the employer side, Marco Rubio has proposed a plan that would incentivize companies with tax relief if they offer paid leave. There are other options and room for new ideas.

Problem-Solving

The campaign for a new, national mandate for paid leave has attempted to equate support for any other policy prescription with a lack of support for women, children and healthy, balanced lives. I grew up with a single Mom, and now have two small children myself, all while trying to manage a career. I care deeply about modeling in our country how to best create an environment for women and children to thrive.

The question is whether when Hillary Clinton says, “We need to get to consensus,” does she mean on one policy solution? Or, does she mean that we need to get to consensus that it’s time to find the best solution(s)? Because in the spirit of American optimism, I know we can do the latter, and that it may look different in certain industries and by state. I hear often from women who say, “I would like to know that I can take time off to care for my newborn, or aging parent, but I also want an opportunity for salary increases, and I know when you put money in a new column, it has to be deducted from another column.”

In publishing this piece, I realize it’s a counter-culture take, especially for a woman. I hope instead it’s a call for those who want progress to be open-minded, come together, and find consensus on a solution that works for the greatest number of Americans and doesn’t compromise the independent, entrepreneurial culture we cherish. Free-market thinkers, libertarian and conservative groups, I’m looking at you, too.

If our goal is to help, and not to politicize an important issue, we would consider all options— and get creative — rather than rush to a large-scale, sweeping solution that could do more harm than good for women.