Legislative History of Family and Medical Leave Act
| | |
| Long title | An Act to grant family and temporary medical leave under certain circumstances. |
|---|---|
| Acronyms (colloquial) | FMLA |
| Enacted by | the 103rd United states Congress |
| Citations | |
| Public police | Pub.L. 103–3 |
| Statutes at Big | 107 Stat. half dozen |
| Codification | |
| Titles amended | 29 USC: Labor |
| United statesC. sections created | 29 U.S.C. sec. 2601 |
| Legislative history | |
| |
| Major amendments | |
| No Child Left Behind Act | |
The Family and Medical Go out Act of 1993 (FMLA) is a United States labor law requiring covered employers to provide employees with chore-protected, unpaid go out for qualified medical and family reasons.[ane] The FMLA was a major role of President Nib Clinton'southward start-term domestic agenda, and he signed it into police on February v, 1993. The FMLA is administered by the Wage and Hr Sectionalisation of the U.s.a. Section of Labor.
The FMLA allows eligible employees to take up to 12 piece of work weeks of unpaid leave during any 12-month catamenia to care for a new child, intendance for a seriously ill family member, or recover from a serious illness. The FMLA covers both public- and private-sector employees, but certain categories of employees, including elected officials and highly compensated employees, are excluded from the law or face certain limitations. In club to exist eligible for FMLA leave, an employee must accept worked for the employer for at least 12 months, accept worked at least i,250 hours over the by 12 months, and work for an employer with at least 50 employees within a 75-mile radius. Several states have passed laws providing additional family unit and medical leave protections for workers.
Background [edit]
Prior to the 1992 presidential election, a family medical leave act had been vetoed twice by President George H. Due west. Bush.[two] Afterward Beak Clinton won the 1992 election, a law protecting family unit medical exit became one of his major first-term domestic priorities. Rapid growth in the workforce, including a large number of women joining, suggested a necessary federal regulation that would back up the working class who desired to heighten a family and/or required time off for illness related situations.[3] President Clinton signed the bill into law on February 5, 1993 (Pub.Fifty. 103–3; 29 UsC. sec. 2601; 29 CFR 825) to have consequence on Baronial 5, 1993.
The U.s. Congress passed the Human activity with the understanding that "information technology is of import for the development of children and the family unit unit that fathers and mothers be able to participate in early on childrearing … [and] the lack of employment policies to adapt working parents can force individuals to choose betwixt chore security and parenting".[four] It also stressed the Act was intended to provide leave protection for individuals "in a fashion that accommodates the legitimate interests of employers".[5]
On Dec 20, 2019, as part of the National Defense Authorization Act (NDAA) for Financial Year 2020,[6] the Federal Employee Paid Leave Act (FEPLA) amended the Family unit and Medical Leave Act (FMLA) to grant federal authorities employees up to 12 weeks of paid time off for the nativity, adoption or foster of a new kid.[vii] The police force applies to births or placements occurring on or later on October ane, 2020.[8]
Contents [edit]
Scope of rights [edit]
The Family and Medical Leave Act of 1993 by and large applies to employers of 50 or more employees in xx weeks of the concluding yr. Employees must have worked over 12 months and 1250 hours in the last year (effectually 25 hours a week). However, employees are not eligible if they piece of work at a work site where the total number of employees employed by the employer within 75 miles of that work site is less than 50.[10] A worksite includes a public agency, including schools and country, local, and federal employers. The 50 employee threshold does non employ to public bureau employees and local educational agencies. There are special hours rules for certain airline employees.[11]
Employees must requite find of 30 days to employers if birth or adoption is "foreseeable",[12] and for serious wellness conditions if practicable. Treatments should be arranged "then as non to disrupt disproportionately the operations of the employer" according to medical communication.[13]
Along with the thirty day notice, at that place are also other requirements to be made when seeking the FMLA rights. If an employee wants to go out the kickoff time using ones FMLA rights, the person must first merits the Family and Medical Leave Act.[14] In the case that an employee were to leave once again nether the FMLA act, the same process must go along.[fifteen]
With the release of employees, in that location is a certification as well. The absence of an employee due to the conditions he or she may have may require a certification as proof of the verification of absence.[fifteen] In order to certify the exit of an employee, the employer may ask for other requirements. An instance of these requirements are requiring multiple medical opinions. All of these prerequisites are at the employer's expense. At that place are also sure rules that may utilise to those who work at local education agencies.[15]
In most of the United states employers and employees cannot refuse the application of the FMLA to FMLA-qualifying absences.[xvi] All the same from Escriba v. Foster Poultry Farms, Inc., 743 F.3d 1236, 1244 (9th Cir. 2014) in those states under the jurisdiction of the 9th Excursion "[A]n employee tin can affirmatively decline to apply FMLA leave, even if the underlying reason for seeking the leave would have invoked FMLA protection."[17]
Rights during leave [edit]
Employees can have up to 12 weeks of unpaid leave for child nascence, adoption, to treat a close relative in poor wellness, or because of an employee'due south own poor wellness.[18] In total, the purposes for leave are:
- to care for a new child, whether for the nascence, the adoption, or placement of a kid in foster care;
- to intendance for a seriously ill family unit member (spouse, son, daughter, or parent) (Note: Son/girl has been antiseptic by the Department of Labor to mean a kid under the age of eighteen or a child over the historic period of 18 with a mental or physical disability as defined past the Americans With Disabilities Human action, which excludes, among other conditions, pregnancy and post-partum recovery from childbirth);[19]
- to recover from a worker'due south own serious illness;
- to intendance for an injured service member in the family unit; or
- to accost qualifying exigencies arising out of a family fellow member's deployment.
- twenty-six workweeks of exit during a single 12-month menstruum to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember'south spouse, son, daughter, parent, or next of kin (military caregiver go out).[xx]
Kid care go out should exist taken in one lump, unless an employer agrees otherwise.[21] If a begetter and mother have the same employer, they must share their leave, in upshot halving each person's rights, if the employer then chooses.[22]
Employers must provide benefits during the unpaid leave.[23] Under §2652(b) states are empowered to provide "greater family or medical leave rights".
Since 2008, the Section of Labor has allowed the spouse, kid, or parent of an active duty military fellow member who is deployed overseas for 12 or more months to take up to 12 weeks of leave. Also, a military caregiver provision was added that would allow a caregiver to take upward to 26 weeks of leave in order to actively care for a military member who requires medical attention for acute or ongoing atmospheric condition.[24]
Substitute leave [edit]
Under §2612(2)(A) an employer tin can make an employee substitute the right to 12 unpaid weeks of go out for "accrued paid vacation leave, personal get out or family unit get out" in an employer's personnel policy. Originally the Section of Labor had a penalisation to make employers notify employees that this might happen. Even so, v judges in the U.s. Supreme Court in Ragsdale 5 Wolverine World Wide, Inc held that the statute precluded the right of the Department of Labor to exercise and so. Four dissenting judges would have held that nothing prevented the rule, and it was the Department of Labor'due south job to enforce the law.[25]
Right to return to job [edit]
After unpaid leave, an employee generally has the correct to return to their job, except for employees who are in the acme 10% of highest paid and the employer tin can argue refusal "is necessary to forestall substantial and grievous economical injury to the operations of the employer."[26] In full, the rights during and later unpaid leave are to:
- the same group health insurance benefits, including employer contributions to premiums, that would exist if the employee were not on exit.
- restoration to the same position upon render to work. If the same position is unavailable, the employer must provide the worker with a position that is essentially equal in pay, benefits, and responsibility.
- protection of employee benefits while on leave. An employee is entitled to reinstatement of all benefits to which the employee was entitled before going on get out.
- protection of the employee to non have their rights nether the Human action interfered with or denied past an employer.
- protection of the employee from retaliation past an employer for exercising rights under the Act.
- intermittent FMLA leave for their ain serious wellness condition, or the serious health status of a family fellow member. This includes occasional leave for doctors' appointments for a chronic status, treatment (e.one thousand., physical therapy, psychological counseling, chemotherapy), or temporary periods of incapacity (eastward.g., severe morning sickness, asthma attack).[27]
"Highly compensated employees" take limited rights to return to their jobs. They are defined every bit "a salaried eligible employee who is amongst the highest paid 10 per centum of the employees employed by the employer within 75 miles of the facility at which the employee is employed".[28] Their employers are not required to restore them to their original position (or an equivalent position with equivalent pay and benefits, every bit is guaranteed to other employees) if the employer determines that denying the employee their position is "necessary to forbid substantial and grievous economic injury to the operations of the employer" [28] and the employer provides the worker with notice of this decision, though no time frame for providing this notice is established.
Enforcement [edit]
Employees or the Secretary of Labor can bring enforcement deportment,[29] simply there is no right to a jury for reinstatement claims. Employees can seek amercement for lost wages and benefits, or the cost of kid care, plus an equal corporeality of liquidated damages unless an employer tin can show it acted in adept organized religion and reasonable cause to believe it was non breaking the constabulary.[thirty] In that location is a two-year limit on bringing claims, or three years for willful violations.[31]
Not-eligible workers and types of get out [edit]
The federal FMLA does not apply to:
- workers in businesses with fewer than fifty employees (this threshold does not apply to public agency employers and local educational agencies as they are covered employers by name only there still must exist at to the lowest degree 50 employees with a 75-mile radius for the employee to be eligible for FMLA leave[15]);
- part-time workers who have worked fewer than 1,250 hours within the 12 months preceding the get out and a paid vacation;
- workers who need time off to care for seriously sick elderly relatives (other than parents), unless the relative was acting in loco parentis at the fourth dimension the worker turned 18;[32] [33]
- workers who need time off to recover from brusk-term or common disease like a cold, or to intendance for a family unit member with a short-term affliction;
- elected officials; and
- workers who need time off for routine medical intendance, such every bit cheque-ups.
- workers who demand time off to intendance for pets;
State family leave [edit]
Some states accept enacted laws that mandate additional family and medical leave for workers in a variety of ways. By 2016 4 states had laws for paid family leave: California since 2002, New Bailiwick of jersey since 2008, Rhode Island since 2013, and New York since 2016.[34] [35] Washington country passed a paid family and medical leave police in 2007, but the law has not taken effect due to a lack of funding mechanism.[36]
Dropping the employer threshold [edit]
The federal FMLA simply applies to employers with fifty or more employees, within 75 miles. Some states take enacted their ain FMLAs that accept a lower threshold for employer coverage:
- Maine: fifteen or more than employees (individual employers)[37] and 25 or more than (city or town employers).[38]
- Maryland: 15 or more employees (individual employers)Upwardly to seven days for bone marrow donation. Upwards to 30 days for organ donation.[39] [40]
- Minnesota: 21 or more than employees (parental get out only).[41]
- Oregon: 25 or more employees. An employee must have worked at least 180 days, and averaged 25 hours per calendar week at the time medical get out is requested[42] [43]
- Rhode Isle: fifty or more than employees (private employers)[44] and 30 or more than employees (public employers).[45]
- Vermont: 10 or more than employees (parental leave only)[46] and 15 or more employees (family and medical leave).[47]
- Washington: 50 or more employees (FMLA reasons too insured parental leave);[48] all employers are required to provide insured parental leave.[49] [50]
- Commune of Columbia: 20 or more than employees.[51]
Expanded coverage [edit]
The federal FMLA only applies to firsthand family—parent, spouse, and kid. The 2008 amendments to the FMLA for armed forces family members extend the FMLA's protection to next of kin and to adult children. The Department of Labor on June 22, 2010 clarified the definition of "son and daughter" under the FMLA "to ensure that an employee who assumes the part of caring for a child receives parental rights to family unit leave regardless of the legal or biological relationship" and specifying that "an employee who intends to share in the parenting of a kid with their same sex activity partner will be able to exercise the right to FMLA get out to bond with that child."[52]
In February 2015, the Department of Labor issued its terminal rule amending the definition of spouse under the FMLA in response to the decision in U.s. v. Windsor, effective March 27, 2015.[53] The revised definition of "spouse" extends FMLA leave rights and job protections to eligible employees in a same-sex marriage or a common-police force matrimony entered into in a country where those statuses are legally recognized, regardless of the country in which the employee works or resides.[54] Fifty-fifty if an employee works where same-sex or common law marriage is non recognized, that employee'due south spouse triggers FMLA coverage if the employee married in a state that recognized aforementioned-sex marriage or common law marriage.[55] Some states had already expanded the definition of family in their own FMLAs:
- California: Domestic partner and domestic partner's child.[56]
- Connecticut: Ceremonious spousal relationship partner,[57] parent-in-law.[58]
- Hawaii: Grandparent, parent-in-law, grandparent-in-law[59] or an employee's reciprocal casher.[60]
- Maine: Domestic partner and domestic partner's child,[61] siblings.[62]
- Maryland: Allows the employee to utilize fourth dimension for firsthand family unit nether the same rules if taking it for themselves. Includes stride, adopted and even people who were primary caregivers fifty-fifty if not related.[63]
- New Jersey: Ceremonious union partner and kid of ceremonious union partner,[64] parent-in-law, stride parent.[65]
- Oregon: Domestic partner,[66] grandparent, grandchild or parent-in-law.[67]
- Rhode Island: Domestic partners of state employees, parent-in-constabulary.[68]
- Vermont: Ceremonious matrimony partner,[69] parent-in-law.[seventy]
- Wisconsin: Parent-in-law.[71]
- Commune of Columbia: Related to the worker past blood, legal custody, or marriage; person with whom the employee lives and has a committed relationship; child who lives with employee and for whom employee permanently assumes and discharges parental responsibility.[72]
Increasing the uses for FMLA leave [edit]
FMLA leave can be used for a worker'south serious health condition, the serious health condition of a family fellow member, or upon the arrival of a new kid. State FMLA laws and the new armed services family provisions of the FMLA have broadened these categories:
- Connecticut: Organ or bone marrow donor.[73]
- Maine: Organ donor;[74] expiry of employee's family unit fellow member if that family member is a servicemember killed while on active duty.[75]
- Maryland: Maryland Family unit Leave Act (MFLA) – Organ donor, Person Standing in Loco Parentis, For Service Leave, and added a specific anti-retaliation punishment on superlative of FMLA recovery. Runs parallel to FMLA.
- Oregon: Care for the non-serious injury or illness of a kid requiring habitation care.[76]
[edit]
Several states have passed FMLA-type statutes to requite parents unpaid leave for other related purposes, including:
- Attending kid's school or educational activities. Examples include California,[77] District of Columbia,[78] Massachusetts,[79] Minnesota,[80] Rhode Island,[81] Vermont,[82] and others.
- Taking family members to routine medical visits. Massachusetts[83] and Vermont.[84]
- Addressing the furnishings of domestic violence, stalking, or sexual assault. Examples include Colorado,[85] Florida,[86] Hawaii,[87] and Illinois.[88]
Significance [edit]
In 2003, Han and Waldfogel found that "simply nigh 60% of private sector workers are covered" [89] due to the clause stipulating a minimum number of employees, and in one case the clause stipulating a minimum number of hours worked is added, merely 46% of private sector workers are eligible for leave nether the FMLA. In June 2007, the Department of Labor estimated that of 141.vii million workers in the United States, 94.4 million worked at FMLA-covered worksites, and 76.i meg were eligible for FMLA leave. But 8 to 17.1 per centum of covered, eligible workers (or between half dozen.1 million and 13.0 million workers) took FMLA leave in 2005.[ninety] The 2008 National Survey of Employers constitute no statistically significant difference between the proportion of small employers (79%) and big employers (82%) that offer full FMLA coverage.[91]
Although much of the research has been conducted on populations in other countries,[92] Berger et al.[93] constitute that children in the U.s. whose mothers return to work within the first 3 months after giving nascency are less likely to be breastfed, have all of their immunizations up to date (by eighteen months), and receive all of their regular medical checkups; they are also more likely to exhibit behavioral problems by 4 years of age. Chatterji and Markowitz [94] also found an association between longer lengths of maternity get out and lesser incidence of depression amid mothers.
Despite the lack of rights to leave, there is no right to gratuitous child care or solar day care. This has encouraged several proposals to create a public system of free kid care, or for the authorities to subsidize parents' costs.[95]
Controversy [edit]
The act was controversial at its passage. Much of the controversy focused on its impact on the business concern community, and on whether the law should be gender neutral or not.[96] In order to brand the police force more than acceptable, it was argued that the police force would reduce abortions.[97] Proponents of the law focused on its do good to men and children, in order to counter the claim that it was giving women "special handling".[98] Other controversies focused on whether the leave should exist paid or not.[99]
The law was finally approved, mandating unpaid gender-neutral leave; nonetheless it was still criticized. Critics of the act have suggested that by mandating various forms of leave that are used more often past female person than male employees, the Act, like the Pregnancy Discrimination Deed of 1978, makes women more expensive to employ than men. They argue that employers will engage in subtle discrimination against women in the hiring process, discrimination which is much less obvious to detect than pregnancy bigotry against the already hired. Throughout history, gender discrimination towards women was common; certain laws were placed that would restrict a woman's pick in choosing a working position, likewise as, how many hours she could work[100] ei. Employers Supporters counter that the act, in contrast to the Pregnancy Discrimination Human action of 1978, is aimed at both women and men, and is part of an overall strategy to encourage both men and women to take family unit-related leave.[101] However, this is based on the assumption that men volition take reward of the opportunity of unpaid leave at comparable rates to women. According to Grossman, there is no basis for this supposition upon the inception of the legislation and no evidence has been found today to support this supposition. Therefore, the employer incentive to adopt male employees is preserved despite the equal opportunity for both sexes to take exit.[102]
Moreover, the FMLA is much less comprehensive than Western European get out policies. Namely, the United States is the only industrialized country without paid leave for parents. This illustrates the lack of provisions offered in the United States equally compared to that of other industrialized countries. For instance, all Western European nations take maternity paid exit and over half accept paternity and ill child intendance paid leave, while the United States has no paid exit.[103]
Additionally, workplace fairness has been questioned under the Act. For case, whatsoever woman-specific benefits provided by the legislation were considered special handling and thus unacceptable, and ignoring the thought that women may have a greater share of burden of caregiving in reality. In retort, supporters may argue that creating such legislation that recognizes the female's greater part in kid care, stereotype would be reinforced.[104]
The success of the implementation of the policy is likewise controversial because it is questioned whether the policy is actually going to those who need the benefits. For instance, since the exit offered is unpaid, majorities of eligible employees can not take time off because they can non afford to do so.[105] And according to Pyle and Pelletier, eligible workers may not even know about this policy and the benefits allotted to them.[104]
Under law, women are protected from sexual practice discrimination in the workplace but a large stigma against women yet exists in terms of them being as skilled as their male person co-workers, and ultimately testing the federal protection of rights in a piece of work environment.[106] Like whatever other federal regulation, it is strictly prohibited for an employer to discriminate towards an employee (especially if the employee is using their FMLA rights), and to strain from providing accurate information for all employees to access.[107]
Signing anniversary [edit]
Vicki Yandle, a receptionist who was fired after request for a few weeks of time off to care for a daughter with cancer, was on stage with President Clinton when the police was signed.[108]
See also [edit]
- Usa labor law
- Cleveland Board of Education five. LaFleur (1974)
Notes [edit]
- ^ Bruce, Stephen. "Family and Medical Get out Human action". Hour Daily Advisor . Retrieved 20 September 2011.
- ^ Wilentz, Sean (2008). The Age of Reagan . HarperCollins. pp. 327–328. ISBN978-0-06-074480-9.
- ^ "William J. Clinton: Argument on Signing the Family and Medical Leave Act of 1993". world wide web.presidency.ucsb.edu . Retrieved 2017-03-29 .
- ^ Congress. 1993. Family and Medical Leave Human action of 1993. Washington, D.C. pH.R.ane–2 quoted
- ^ Congress. 1993. Family unit and Medical Leave Act of 1993. Washington, D.C. pH.R.1–2 quoted.
- ^ S. 1790; NDAA 2020, Pub.L. 116-92, Pub.L. 116–92 (text) (PDF)
- ^ 5 USC § 6382(d)(2)
- ^ Office of Personnel Management, MEMORANDUM FOR: HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES on Dec 27, 2019
- ^ California, New Jersey, Rhode Island and New York
- ^ 29 USC §2611(2)
- ^ "Family unit and Medical Leave Act Airline Flight Crew Technical Amendments".
- ^ 29 USC §2612(east)
- ^ 29 USC §2612(e)(two)
- ^ "Family and Medical Leave for Federal Employees". U.S. Office of Personnel Management . Retrieved 2019-07-03 .
- ^ a b c d "Fact Sheet #28: The Family and Medical Leave Human action" (PDF). U.South. Section of Labor. 2012. Retrieved 21 August 2019.
- ^ https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/2019_03_14_1A_FMLA.pdf
- ^ https://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/25/11-17608.pdf
- ^ 29 USC §2512(a)(2) and on adoption, run into Kelley v Crosfield Catalysts 135 F2d 1202 (7th Circuit 1998) The aforementioned rules for federal employees were codification in 5 USC §§6381–6387.
- ^ "DoL Opinion".
- ^ "Family unit and Medical Leave Act – Wage and Hour Division (WHD) – U.S. Section of Labor". Dol.gov. Archived from the original on 2011-04-04. Retrieved 2014-08-06 .
- ^ 29 USC §2612(a)(2)
- ^ 29 USC §2612(f) "the aggregate number of workweeks of exit to which both may be entitled may exist limited to 12 workweeks"
- ^ 29 USC §2614(c). If an employee quits, the employer is enabled to recoup costs.
- ^ "Military machine Family unit Leave Provisions of the FMLA - Wage and Hour Division (WHD) - U.S. Section of Labor". www.dol.gov . Retrieved 2017-03-29 .
- ^ 535 US 81 (2002)
- ^ 29 USC §2614(b). Nether 29 USC §2612(b)(ii) employers may transfer employees to another position with similar pay and benefits if health absences could be intermittent. Nether §2618 special rules apply for employees of local educational agencies.
- ^ Vedder Price (January 26, 2011). "Struggling with Intermittent FMLA Go out". The National Law Review. Retrieved 2012-04-29 .
- ^ a b Congress. 1993. Family and Medical Leave Act of 1993. Washington, D.C. pH.R.1–eight quoted.
- ^ 29 USC §2617, and see Frizzell v Southwest Motor Freight, 154 F3d 641 (6th Circuit 1998)
- ^ 29 USC §2617(a)(i)(A)(iii)
- ^ See Moore v Payless Shoe Source (8th Circuit 1998)
- ^ 29 U.S.C. § 2611
- ^ Coutard v. Municipal Credit Spousal relationship 2017 WL 526060 (2d Cir. Feb. ix, 2017)
- ^ "Paid Family and Medical Go out: An Overview" (PDF). National Partnership for Women & Families. March 2015. Retrieved May 24, 2016.
- ^ "Paid Family unit Get out: Strong Families, Strong NY". Welcome to the Land of New York. 2016-01-22. Retrieved 2016-05-24 .
- ^ "Endless Delays May Doom Paid Family Leave In Washington State". ThinkProgress . Retrieved 2016-05-24 .
- ^ 26 Me. Rev. Stat. Ann. tit. 26 § *843 (3)(A)
- ^ 26 Me. Rev. Stat. Ann. tit. 26 § 843 (3)(C)
- ^ Family unit AND MEDICAL LEAVE ACT (FMLA) GUIDE (PDF). Land OF MARYLAND. August 2013. Retrieved 2014-08-06 .
- ^ "SENATE Neb 562" (PDF). Feb v, 2009. Retrieved 2014-08-06 .
- ^ Minn. Stat. § 181.940 (Subd. 3)
- ^ Or. Rev. Stat. § 659A.153 (1)
- ^ "Oregon FMLA Laws". world wide web.employmentlawhq.com . Retrieved 2017-02-21 .
- ^ R.I. Pub. Laws §28-48-1(3)(i)
- ^ R.I. Pub. Laws § 28-48-1(3)(three)
- ^ 23 VSA § 471(4)
- ^ 23 VSA § 471(3)
- ^ RCW § 49.78.020(v)
- ^ RCW § 49.86.010 (6)(a)
- ^ RCW § l.fifty.080(i)
- ^ D.C. Code § 32-516(2)
- ^ "United states Section of Labor clarifies FMLA definition of 'son and daughter'". U.Southward. Department of Labor. 2010-06-22. Archived from the original on 2010-06-26. Retrieved 2010-07-xiv . News Release Number: x-0877-NAT
- ^ Forman, Shira (27 February 2015). "DOL Issues Last Rule Amending FMLA Definition of "Spouse" to Include Same-Sex Marriages". Sheppard Mullin Richter & Hampton LLP. Retrieved 28 Feb 2015.
- ^ Trotier, Geoffrey S. (24 February 2015). "FMLA "Spouse" Definition Now Includes Same-Sex Spouses and Mutual-Law Spouses". The National Law Review. von Briesen & Roper, s.c. Retrieved 28 Feb 2015.
- ^ Gozdecki, Jeanine One thousand. (25 February 2015). "FMLA Final Rule: "Spouse" Means Same-Sex Spouse (Even in Alabama)". The National Police Review. Barnes & Thornburg LLP. Retrieved 28 February 2015.
- ^ Cal. Fam. Code § 297.v
- ^ Conn. Gen. Stat. § 46b-38nn
- ^ Conn. Gen. Stat. § 31-51kk (7)
- ^ Haw. Rev. Stat. § 398.i
- ^ Haw. Rev. Stat. § 398.3
- ^ 26 ME. Rev. Stat. Ann. § 843 (4)(D)
- ^ LD 2132
- ^ "SENATE Bill 562" (PDF). February 5, 2009. Retrieved 2014-08-06 .
- ^ N.J. Stat. Ann. § 37:1-31
- ^ Northward.J. Stat Ann. § 34-11B(iii)(h)
- ^ HB 2007
- ^ OR. Rev. Stat. § 659A.150 (4)
- ^ R.I. Pub. Laws § 24-48-one(5)
- ^ 23 VSA § 1204(a)
- ^ 23 VSA § 471(3)(B)
- ^ Wis. Stat. §103.ten(one)(f)
- ^ D.C. Code 32-501(A), (B), (C)
- ^ Conn. Gen. Stat. § 31-51ll (ii)(East)
- ^ 26 ME. Rev. Stat. Ann. § 843 (4)(East)
- ^ 26 ME. Rev. Stat. Ann. § 843 (4)(F)
- ^ OR. Rev. Stat. § 659A.159 (d)
- ^ Cal. Lab. Code § 230.8
- ^ D.C. Lawmaking 32-1202
- ^ Mass. Gen. Laws. Ch. 149 § 52(D)(b)(1)
- ^ Minn. Stat. § 181.9412
- ^ R.I. Pub. Laws § 24-48-12
- ^ 23 VSA § 472a (a)(1)
- ^ Mass. Gen. Laws. Ch. 149 § 52(D)(b)(2)&(iii)
- ^ 23 VSA § 472a (a)(2)
- ^ Colo. Rev. Stat. § 24-34-402.7
- ^ FLA. STAT. § 741.313
- ^ Haw. Rev. Stat. § 378-72
- ^ 820 Ill. Comp. Stat. 180/1-180/45
- ^ Han, W.-J. and Waldfogel, J. 2003. "Parental Go out: The Impact of Contempo Legislation on Parents' Go out-Taking." Census. 40(1):191–200. p191 quoted.
- ^ "Family and Medical Leave Act Regulations: A Report on the Department of Labor's Request for Data." 28 June 2007. Department of Labor, Employment Standards Assistants, Wage and 60 minutes Division. Federal Register, Vol. 72, No. 124. [1]
- ^ Galinsky, E., Bond, J., Sakai, M., Kim, S., Giuntoli, N. 2008. National study of employers. New York, NY: Families and Work Constitute. [two]
- ^ Gregg, P.E., Washbrook et al. 2005. "The Effects of a Mother'southward Return to Work Decision on Child Evolution in the UK." The Economic Periodical. 115(501):F48-F80.
- ^ Berger, L.M., Hill, et al. 2005. "Maternity Leave, Early on Maternal Employment and Kid Health Development in the U.s.a.." The Economic Journal. 115(501):F29-F47.
- ^ Chatterji, P. and Markowitz, Due south. 2005. "Does the Length of Maternity Leave Affect Mental Health." Southern Economical Journal. 72(i):16–41.
- ^ e.chiliad. D Paquette, 'The enormous ambition of Hillary Clinton'south child-intendance plan' (May 12, 2016) The Washington Mail service
- ^ Anthony, Deborah J. (2008). "The Hidden Harms of the Family unit and Medical Get out Act: Gender-Neutral Versus Gender-Equal". Gender, Social Policy & the Police. sixteen: 4 – via Digital Commons.
- ^ Anthony, Deborah J. (2008). "The Hidden Harms of the Family and Medical Exit Human activity: Gender-Neutral Versus Gender-Equal". Gender, Social Policy & the Law. xvi: four – via Digital Commons.
- ^ Anthony, Deborah J. (2008). "The Subconscious Harms of the Family unit and Medical Get out Act: Gender-Neutral Versus Gender-Equal". Gender, Social Policy & the Law. sixteen: four – via Digital Commons.
- ^ Anthony, Deborah J. (2008). "The Hidden Harms of the Family and Medical Get out Act: Gender-Neutral Versus Gender-Equal". Gender, Social Policy & the Constabulary. sixteen: four – via Digital Commons.
- ^ Anthony, Deborah J. (2008). "The Hidden Harms of the Family and Medical Go out Act: Gender-Neutral Versus Gender-Equal". Gender, Social Policy & the Police force. 16: 4 – via Digital Eatables.
- ^ "FMLA (Family & Medical Leave)". U.s.a. Department of Labor. 2015-12-09. Retrieved 2017-04-05 .
- ^ Grossman, Joanna (20 April 2004). "Job Security Without Equality: The Family and Medical Go out Act of 1993". Journal of Law and Policy. xv (17): 17–63.
- ^ Pyle, Jean 50.; Pelletier, Marianne Due south. (1 March 2003). "Family and medical get out act: unresolved issues". New Solutions. 13 (four): 353–84. doi:10.2190/7K3G-MW4M-6J7X-U4EV. PMID 17208739. S2CID 36808025.
- ^ a b Anthony; Deborah (2008). "The Hidden Harms of the Family and Medical Get out Human activity: Gender Neutral versus Gender Equal". Journal of Gender Social Policy and the Law. 16 (four).
- ^ Mory, Marc; Pistilli, Lia (2001). "The Failure of the Family and Medical Exit Deed: Culling Proposals for Gimmicky American Families". Hofstra Labor and Employment Law Journal. xviii (2).
- ^ 742-9150. "Sex activity / Gender Bigotry - Workplace Fairness". Midwest New Media. Archived from the original on 2017-04-05. Retrieved 2017-04-05 .
{{cite news}}: CS1 maint: numeric names: authors list (link) - ^ "U.S. Department of Labor Wage and 60 minutes Division (WHD) The Family and Medical Leave Act of 1993, as amended". www.dol.gov . Retrieved 2017-03-29 .
- ^ Family-Leave Beak: Peace of Mind Outcome New York Times, 4 February 1993
External links [edit]
- Family and Medical Go out Act of 1993 29 U.S. Code Chapter 28
- Department of Labor Family & Medical Leave data pages
- Senate roll call vote
- House scroll call vote
- Nevada Dept. of Human Resources 5. Hibbs
- Your Rights Under the Federal Family and Medical Leave Act (FMLA)
- A Child'due south Wish at IMDb – A made-for-TV picture show about the act in which President Clinton appears briefly as himself.
- https://web.annal.org/web/20090703173531/http://paidsickdays.nationalpartnership.org/site/PageServer?pagename=ourwork_fmla_FamilyandMedicalLeave
- http://world wide web.nationalpartnership.org/site/DocServer/WF_PL_FactSheet_PaidFamilyLeave_2009.pdf?docID=4682&autologin=true
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Source: https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
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