Democrats say DOL keeping workers in the dark about paid leave

An Indiana truck driver denied paid leave while experiencing coronavirus symptoms. An Arizona HVAC employee paid for just two of 13 days spent in self-quarantine. A California USPS worker rejected for paid leave when caring for her child whose school was closed.

These are just a few of the 700-plus cases that employees who became temporarily entitled to paid leave under coronavirus response legislation have brought against their employers.

Though the Families First package enacted emergency paid leave for as many as 60 million workers, many report being uninformed, misled or in some cases, even threatened by their employers over the new benefit.

DOL says it is educating workers on their rights to the emergency paid leave to the best of its ability, including by fielding phone calls and hosting what it says is hundreds of outreach events. But Democrats and worker advocates say the agency could be doing more and may even be purposely keeping employees in the dark in an attempt to “run the clock” before the provisions expire in December.

“They’re not stupid,” Rep. Rosa DeLauro (D-Conn.) said. “They know how to get the word out. They just don’t want to.”

More than half of Americans are unaware of or believe they are ineligible for the paid leave protections enacted via the coronavirus response legislation, according to a poll released in May by the National Partnership for Women and Families. And a poll released in June by Paid Leave for All found that just 53 percent of voters have heard a great deal or some about the provisions.

“I don’t think people really understand what their rights are,” said Rep. Alma Adams (D-N.C.), who chairs the House Education and Labor Subcommittee on Workforce Protections. “We have to do a better job.”

DOL’s Wage and Hour Division, which is responsible for enforcing the Families First paid leave provisions, employed 756 investigators at the end of April, a DOL official told POLITICO. The agency has concluded more than 700 cases related to the legislation, the official said, and there are “hundreds more” under way.

Much of the agency’s education surrounding workers’ entitlement to paid leave under Families First is tied to these cases, the official said. When the division receives a complaint from an employee, part of investigators’ job is to educate the employer in question on the provisions.

The division has also conducted more than 500 outreach events related to Families First, published an online series of FAQ pertaining to the legislation and posted a “Notice of Rights” in more than 10 languages about the provisions for employers to send employees.

That's “a significant accomplishment, given that prior to March 2020, federal law had never broadly required private employers to provide paid leave,” a DOL spokesperson said in an email.

“[T]he public has taken notice of this material — since [Families First] was enacted, more than 25 million people have visited WHD's website,” Labor Deputy Secretary Patrick Pizzella wrote in an op-ed this month.

But these steps are not enough, Democrats and advocates say.

“We provided $15 million [to DOL] to administer paid leave,” DeLauro said. “So far, [WHD] have $2.5 million that have been spent on outreach efforts. They don’t want to do it."

Being active on social media, giving interviews to radio stations and local newspapers, conducting outreach at Covid-19 testing sites and food bank lines and hosting press conferences with mayors and governors are all ways that DOL can and should be going about getting the word out, DeLauro said.

“Congress has put the money on the table, now it is time for this administration to step up and educate Americans on the options and resources available to them,” Rep. Lois Frankel (D-Fla.) said in an email.

“This is just a failure on behalf of the administration,” Dawn Huckelbridge, the director of Paid Leave for All, said. “They should be … deploying media, public service announcements, radio, local press. This should be a full ‘know your rights’ campaign.”

“We haven’t seen an effort or an investment or a lot of concern even from the Department of Labor.”

The Wage and Hour Division is working to set up “public awareness campaigns” that involve radio and TV outlets, the DOL official said. The official was unable to provide a timeline for when the campaigns will go into effect.

Aura Hernandez is a McDonald’s employee in California who became entitled to paid leave under Families First. When she developed coronavirus symptoms, she used up all of her accrued time off — and then her employer asked her to come back to work, even though she still felt sick, Hernandez said.

She was never informed that she had additional paid leave available to her under Families First — not even when she threatened to quit. She is now on strike.

“They did not explain what were my rights,” Hernandez said through an interpreter. She never received nor saw a “Notice of Rights” or other educational materials at her place of work, she said.

"The Department of Labor must do more in terms of public education and outreach to publicize the entitlements under the Families First Coronavirus Response Act,” Rep. Brenda Lawrence (D-Mich.) said. “With now more than 100,000 COVID-19-related deaths in the United States, the burden cannot fall all onto the workers to understand the various nuances of these newly developed benefits.”

Democrats and advocates point to DOL's guidance implementing Families First, which excluded employers of health care providers and others from having to comply with the law.

"The Department of Labor gutted the emergency paid leave protections that were passed by Congress, so it’s not a surprise that they’re neglecting their duty to make sure workers heard about them," Huckelbridge said.

Adams said her subcommittee is working to schedule an oversight hearing at which lawmakers can hear from DOL officials, paid leave advocates, workers and others.

“Sometimes we just have to put the questions out there, ask the question again, because they may be doing more than we think they’re doing,” Adams said. “But we need to know.”

And Democrats may address the issue in their negotiations with Republicans over the next round of coronavirus aid, DeLauro said.

“When we get to dealing with the Senate on this, we’ll get maybe more specific with regard to the kinds of efforts they should be doing,” she said.

With the provisions scheduled to sunset in December, officials have less than six months to educate workers on what they’re entitled to.

“We only really have so much time here,” DeLauro said. “They’re gonna run the clock. That’s what they’d like to do.”

In the meantime, advocates are doing their best to fill in the gaps.

“The advocate community is trying to step up,” Huckelbridge said, citing Paid Leave for All’s website as well as a “know your rights video” the campaign is set to release this month. “But this is the job of the government, and this is a program that they need to fully implement and educate people about.”