Employee-Friendly Laws:  How U.S. Measures Up

Employee protection and benefits laws in 177 countries are compared in a recently-released report from McGill University's Institute for Health and Social Policy in Quebec.

The report's timing is important because of increasing moves by states and increasing efforts in the U.S. Congress to expand and add to employee protections and benefits. For example, some states have begun efforts to mandate employer-paid health care benefits. And some members of Congress are pushing to expand the Family & Medical Leave Act (FMLA) to require all U.S. employers with 15 or more employees to provide seven sick days per year.

The report is titled "The Work, Family, and Equity Index: How Does the United States Measure Up." The report's lead author is Jody Heymann, director of the McGill Institute for Health and Social Policy and founder of the Harvard-based Project on Global Working Families.

So, how do U.S. laws compare with other nations' laws? The report states the U.S. "performs well in having policies that ensure an equitable right to work for all racial and ethnic groups, regardless of gender, age or disability." In addition, the U.S. is one of 117 countries "guaranteeing a pay premium for overtime work. The U.S. rate of 150 percent (or ‘time and a half') for overtime is near the top in the range of guaranteed payments. Only eight countries mandate more."

But the U.S. laws lag behind - sometimes far behind -  most other nations' laws in most categories.

Following are different types of legislated protections and benefits, with the laws in the U.S. compared with laws in 176 other nations representing a wide range of political, social and economic systems:

Leave involving childbearing. Among countries studied, the U.S. guarantees no paid leave for mothers in any segment of the workforce. But 168 countries offer guaranteed leave with income to women in connection with childbirth. And 98 of these countries offer 14 or more weeks of paid leave. Among the nations compared, the U.S. status of no guaranteed paid leave for childbearing puts it in the company of only four other nations: Lesotho, Liberia, Papua New Guinea, and Swaziland.

In addition, 66 countries guarantee fathers paid paternity leave or paid parental leave, with 31 of these nations offering 14 or more weeks of paid leave. The U.S. does not guarantee fathers paid paternity or paid parental leave.

Breastfeeding right. At least 107 nations protect the working women's right to breastfeed. In at least 73 of these countries the breaks are paid. One hour or more per day is provided for in 100 of the countries guaranteeing the right to breastfeed. The U.S. does not guarantee the women's right to breastfeed.

Work hours. At least 137 countries mandate paid annual leave, with 121 countries guaranteeing two weeks or more each year. The U.S. is not included.

At least 134 nations have laws fixing the maximum length of the workweek. Not the U.S.

At least 126 nations require employers to provide a mandatory day of rest each week. Not the U.S.

Family and medical leave. At least 145 countries provide paid sick days for short- or long-term illnesses, with 136 providing a week or more annually. More than 79 nations provide sickness benefits for at least 26 weeks or until recovery. The U.S. (through the FMLA) does provide unpaid leave for serious illnesses for most employees working for most employers with 50 or more employees.

In addition, 29 countries guarantee leave for major events such as marriage or funerals. In 40 of these countries the leave for one or both of these family events is paid. There is no such U.S. law.