Support for Workflex bill mixed as SHRM continues to back legislation

The Workflex in the 21st Century Act is getting prominent support on Capitol Hill. Johnny C. Taylor, Jr., president of the Society for Human Resource Management (SHRM), testified before the House subcommittee on Health, Employment, Labor and Pensions in support of the bill, which makes it easier for employers to offer different and innovative paid leave and flexible work options in support of employees’ differing schedules and work/life balance.

“Today’s employers all share the same challenge: attracting and maintaining a high-quality workforce,” he told the subcommittee. But outdated workplace rules and government-mandated leave requirements make it hard for employers to offer the arrangements that employees want.”

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SHRM has been strongly behind the bill since it was introduced in November 2017 by Rep. Mimi Walters, R-Calif. “The Workflex in the 21st Century Act is a win-win for businesses and their employees and provides Americans with the flexibility they desire when it comes to striking the right work/life balance,” said Rep. Tim Walberg, R-Mich., the committee’s chairman.

Under the current system, state rules make the system patchy, best. Currently, 10 states and more than 30 localities have adopted paid-sick-leave requirements, and each has its own definitions of terms, accrual rates, employee eligibility rules, recordkeeping and reporting requirements, and thresholds for triggering coverage.

The workflex bill aims to offer more uniform rules that can be adopted nationwide that would give employees more options and flexibility while providing predictability for employers, supporters of the bill said. Also, the bill would modify the Employee Retirement Income Security Act (ERISA) to allow employers to voluntarily offer a plan that provides a federal minimum standard of paid leave as well as a workflex option, such as compressed work schedules or telecommuting.

But there are some detractors, as well. Rep. Gregorio Kilili Camacho Sablan, D-Northern Mariana Islands, said that the bill could leave workers worse off because employees might be beholden to their employers under a voluntary plan rather than a government mandate. He said employees would lose state protections for sick time, predictable scheduling and other benefits.

Also, more than 60 HR leaders — including Alice Vichaita of Pinterest and Janet Van Huysse, current head of people at Cloudfare Inc. and former vice president of HR at Twitter — have signed a letter, released in June, asking SHRM to withdraw its support.

“While HR leaders and top employers adopt policies that go beyond the Workflex in the 21st Century Act, SHRM continues to push for flawed legislation,” Annie Sartor, PL+US’ Workplace Program Director said of the letter. “Their advocacy highlights just how out of touch they are with their membership and industry trends.”

Instead, the group is calling from SHRM to throw its support behind the FAMILY (Family And Medical Insurance Leave) Act, an alternative proposal that would create an insurance fund that would allow workers to take up to 12 weeks of leave and still receive a portion of their pay.