The Family and Medical Leave Act of 1993 Covers Private Sector Employers With:
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.50. 103–3 |
Statutes at Big | 107 Stat. 6 |
Codification | |
Titles amended | 29 USC: Labor |
U.s.a.C. sections created | 29 U.S.C. sec. 2601 |
Legislative history | |
| |
Major amendments | |
No Kid Left Behind Act |
The Family and Medical Leave Act of 1993 (FMLA) is a United States labor law requiring covered employers to provide employees with job-protected, unpaid leave for qualified medical and family unit reasons.[i] The FMLA was a major role of President Bill Clinton's beginning-term domestic calendar, and he signed information technology into constabulary on February 5, 1993. The FMLA is administered by the Wage and Hour Sectionalisation of the United States Department of Labor.
The FMLA allows eligible employees to accept upwardly to 12 work weeks of unpaid leave during any 12-month period to care for a new child, care for a seriously ill family member, or recover from a serious illness. The FMLA covers both public- and private-sector employees, but sure categories of employees, including elected officials and highly compensated employees, are excluded from the law or face sure limitations. In order to exist eligible for FMLA exit, an employee must take worked for the employer for at least 12 months, take worked at least 1,250 hours over the by 12 months, and piece of work for an employer with at least 50 employees within a 75-mile radius. Several states have passed laws providing additional family and medical leave protections for workers.
Background [edit]
Prior to the 1992 presidential election, a family medical go out act had been vetoed twice by President George H. W. Bush-league.[2] After Bill Clinton won the 1992 ballot, a police protecting family unit medical go out 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 support the working class who desired to raise a family and/or required time off for illness related situations.[3] President Clinton signed the bill into constabulary on February 5, 1993 (Pub.L. 103–3; 29 U.S.C. sec. 2601; 29 CFR 825) to accept effect on August 5, 1993.
The United States Congress passed the Act with the agreement that "it is important for the development of children and the family unit that fathers and mothers be able to participate in early childrearing … [and] the lack of employment policies to arrange working parents can force individuals to cull between job security and parenting".[4] It also stressed the Act was intended to provide go out protection for individuals "in a mode that accommodates the legitimate interests of employers".[5]
On December 20, 2019, as part of the National Defence force Dominance Human action (NDAA) for Fiscal Yr 2020,[half dozen] the Federal Employee Paid Leave Act (FEPLA) amended the Family and Medical Leave Deed (FMLA) to grant federal government employees up to 12 weeks of paid time off for the birth, adoption or foster of a new child.[7] The law applies to births or placements occurring on or afterward October 1, 2020.[8]
Contents [edit]
Scope of rights [edit]
The Family and Medical Leave Act of 1993 generally applies to employers of 50 or more employees in xx weeks of the terminal year. Employees must accept worked over 12 months and 1250 hours in the last twelvemonth (around 25 hours a week). However, employees are not eligible if they work at a work site where the full number of employees employed past the employer within 75 miles of that piece of work site is less than 50.[10] A worksite includes a public agency, including schools and state, local, and federal employers. The fifty employee threshold does non apply to public bureau employees and local educational agencies. At that place are special hours rules for certain airline employees.[11]
Employees must give discover of thirty days to employers if nativity or adoption is "foreseeable",[12] and for serious health atmospheric condition if practicable. Treatments should be arranged "so every bit not to disrupt unduly the operations of the employer" according to medical advice.[13]
Along with the 30 24-hour interval detect, there are besides other requirements to be made when seeking the FMLA rights. If an employee wants to leave the kickoff fourth dimension using ones FMLA rights, the person must first claim the Family and Medical Leave Act.[xiv] In the case that an employee were to go out again under the FMLA human activity, the same process must proceed.[15]
With the release of employees, there is a certification as well. The absenteeism of an employee due to the conditions he or she may have may crave a certification as proof of the verification of absence.[15] In order to certify the leave of an employee, the employer may ask for other requirements. An case of these requirements are requiring multiple medical opinions. All of these prerequisites are at the employer's expense. In that location are likewise certain rules that may use to those who piece of work at local pedagogy agencies.[xv]
In most of the United States employers and employees cannot decline the application of the FMLA to FMLA-qualifying absences.[16] However from Escriba v. Foster Poultry Farms, Inc., 743 F.3d 1236, 1244 (9th Cir. 2014) in those states under the jurisdiction of the Ninth Excursion "[A]n employee can affirmatively pass up to use FMLA leave, even if the underlying reason for seeking the leave would take invoked FMLA protection."[17]
Rights during leave [edit]
Employees tin can have up to 12 weeks of unpaid leave for child birth, adoption, to care for a close relative in poor health, or because of an employee's ain poor health.[eighteen] In full, the purposes for get out are:
- to treat a new child, whether for the nascency, the adoption, or placement of a child in foster care;
- to care for a seriously ill family member (spouse, son, girl, or parent) (Notation: Son/daughter has been antiseptic by the Section of Labor to mean a child under the historic period of xviii or a kid over the historic period of 18 with a mental or physical disability equally defined by the Americans With Disabilities Act, which excludes, amongst other conditions, pregnancy and post-partum recovery from childbirth);[19]
- to recover from a worker'southward ain serious illness;
- to intendance for an injured service member in the family; or
- to address qualifying exigencies arising out of a family unit member'southward deployment.
- twenty-six workweeks of leave during a single 12-month period to intendance for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember'due south spouse, son, daughter, parent, or next of kin (military caregiver go out).[20]
Kid intendance leave 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 effect halving each person's rights, if the employer so chooses.[22]
Employers must provide benefits during the unpaid exit.[23] Under §2652(b) states are empowered to provide "greater family unit or medical go out rights".
Since 2008, the Department of Labor has allowed the spouse, child, or parent of an active duty military machine fellow member who is deployed overseas for 12 or more than months to take upwards to 12 weeks of get out. Also, a military caregiver provision was added that would allow a caregiver to take upwards to 26 weeks of leave in order to actively care for a military fellow member who requires medical attention for acute or ongoing conditions.[24]
Substitute leave [edit]
Under §2612(2)(A) an employer can make an employee substitute the right to 12 unpaid weeks of leave for "accrued paid vacation leave, personal get out or family unit leave" in an employer'south personnel policy. Originally the Department of Labor had a penalty to make employers notify employees that this might happen. However, five judges in the US Supreme Courtroom in Ragsdale v Wolverine World Broad, Inc held that the statute precluded the right of the Department of Labor to practise so. Four dissenting judges would take held that null prevented the rule, and it was the Department of Labor'south job to enforce the law.[25]
Right to return to job [edit]
After unpaid go out, an employee generally has the correct to return to their job, except for employees who are in the pinnacle 10% of highest paid and the employer can argue refusal "is necessary to prevent substantial and grievous economical injury to the operations of the employer."[26] In full, the rights during and subsequently unpaid leave are to:
- the same group health insurance benefits, including employer contributions to premiums, that would be if the employee were not on leave.
- restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially 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 earlier going on leave.
- protection of the employee to not have their rights under the Human action interfered with or denied past an employer.
- protection of the employee from retaliation by an employer for exercising rights under the Act.
- intermittent FMLA leave for their own serious health status, or the serious health condition of a family member. This includes occasional get out for doctors' appointments for a chronic condition, handling (e.g., physical therapy, psychological counseling, chemotherapy), or temporary periods of incapacity (e.grand., astringent morning sickness, asthma set on).[27]
"Highly compensated employees" have express rights to return to their jobs. They are divers as "a salaried eligible employee who is among the highest paid 10 percent of the employees employed past 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, as is guaranteed to other employees) if the employer determines that denying the employee their position is "necessary to prevent 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 actions,[29] but 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 amount of liquidated damages unless an employer can show it acted in good faith and reasonable crusade to believe information technology was not breaking the law.[30] There is a two-year limit on bringing claims, or three years for willful violations.[31]
Non-eligible workers and types of get out [edit]
The federal FMLA does not apply to:
- workers in businesses with fewer than 50 employees (this threshold does not use to public agency employers and local educational agencies as they are covered employers by name but at that place nonetheless must be at to the lowest degree 50 employees with a 75-mile radius for the employee to be eligible for FMLA leave[15]);
- office-time workers who have worked fewer than 1,250 hours within the 12 months preceding the leave and a paid vacation;
- workers who demand fourth dimension off to care for seriously ill elderly relatives (other than parents), unless the relative was interim in loco parentis at the time the worker turned 18;[32] [33]
- workers who need time off to recover from curt-term or common illness similar a cold, or to care for a family fellow member with a short-term illness;
- elected officials; and
- workers who need time off for routine medical care, such every bit check-ups.
- workers who need fourth dimension off to care for pets;
State family leave [edit]
Some states have 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 unit leave: California since 2002, New Bailiwick of jersey since 2008, Rhode Island since 2013, and New York since 2016.[34] [35] Washington land passed a paid family and medical leave law in 2007, but the police has non taken effect due to a lack of funding machinery.[36]
Dropping the employer threshold [edit]
The federal FMLA only applies to employers with l or more employees, inside 75 miles. Some states have enacted their own FMLAs that have a lower threshold for employer coverage:
- Maine: 15 or more employees (private employers)[37] and 25 or more than (city or boondocks employers).[38]
- Maryland: 15 or more than employees (private employers)Upwardly to seven days for os marrow donation. Up to 30 days for organ donation.[39] [xl]
- Minnesota: 21 or more employees (parental leave just).[41]
- Oregon: 25 or more than employees. An employee must have worked at to the lowest degree 180 days, and averaged 25 hours per week at the fourth dimension medical leave is requested[42] [43]
- Rhode Island: 50 or more employees (private employers)[44] and 30 or more employees (public employers).[45]
- Vermont: 10 or more employees (parental leave but)[46] and 15 or more than employees (family and medical leave).[47]
- Washington: 50 or more employees (FMLA reasons likewise insured parental leave);[48] all employers are required to provide insured parental go out.[49] [fifty]
- District of Columbia: 20 or more employees.[51]
Expanded coverage [edit]
The federal FMLA but applies to immediate family—parent, spouse, and kid. The 2008 amendments to the FMLA for military family members extend the FMLA'due south protection to side by side of kin and to developed children. The Section of Labor on June 22, 2010 antiseptic the definition of "son and girl" under the FMLA "to ensure that an employee who assumes the role of caring for a kid receives parental rights to family exit regardless of the legal or biological relationship" and specifying that "an employee who intends to share in the parenting of a child with their same sexual practice partner will exist able to do the correct to FMLA leave to bond with that kid."[52]
In Feb 2015, the Department of Labor issued its final rule alteration the definition of spouse nether the FMLA in response to the conclusion in United States five. Windsor, effective March 27, 2015.[53] The revised definition of "spouse" extends FMLA leave rights and job protections to eligible employees in a same-sexual activity marriage or a common-police wedlock entered into in a state where those statuses are legally recognized, regardless of the land in which the employee works or resides.[54] Even if an employee works where same-sexual practice or mutual police marriage is not recognized, that employee's spouse triggers FMLA coverage if the employee married in a country 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: Civil matrimony partner,[57] parent-in-law.[58]
- Hawaii: Grandparent, parent-in-law, grandparent-in-police force[59] or an employee'due south reciprocal beneficiary.[60]
- Maine: Domestic partner and domestic partner'south kid,[61] siblings.[62]
- Maryland: Allows the employee to use time for immediate family under the same rules if taking it for themselves. Includes step, adopted and fifty-fifty people who were primary caregivers even if non related.[63]
- New Jersey: Civil union partner and child of civil wedlock partner,[64] parent-in-police, step parent.[65]
- Oregon: Domestic partner,[66] grandparent, grandchild or parent-in-police.[67]
- Rhode Island: Domestic partners of land employees, parent-in-police force.[68]
- Vermont: Civil marriage partner,[69] parent-in-constabulary.[70]
- Wisconsin: Parent-in-law.[71]
- District of Columbia: Related to the worker by 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 get out [edit]
FMLA leave can be used for a worker's serious wellness condition, the serious health status of a family fellow member, or upon the arrival of a new child. State FMLA laws and the new war machine family provisions of the FMLA have broadened these categories:
- Connecticut: Organ or bone marrow donor.[73]
- Maine: Organ donor;[74] decease of employee's family unit member if that family unit fellow member is a servicemember killed while on active duty.[75]
- Maryland: Maryland Family Leave Deed (MFLA) – Organ donor, Person Standing in Loco Parentis, For Service Get out, and added a specific anti-retaliation penalization on top of FMLA recovery. Runs parallel to FMLA.
- Oregon: Care for the non-serious injury or illness of a kid requiring home care.[76]
[edit]
Several states take passed FMLA-type statutes to give parents unpaid leave for other related purposes, including:
- Attending child's school or educational activities. Examples include California,[77] District of Columbia,[78] Massachusetts,[79] Minnesota,[80] Rhode Isle,[81] Vermont,[82] and others.
- Taking family members to routine medical visits. Massachusetts[83] and Vermont.[84]
- Addressing the effects 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 "only about 60% of individual sector workers are covered" [89] due to the clause stipulating a minimum number of employees, and one time the clause stipulating a minimum number of hours worked is added, only 46% of private sector workers are eligible for leave nether the FMLA. In June 2007, the Department of Labor estimated that of 141.7 million workers in the United States, 94.4 million worked at FMLA-covered worksites, and 76.1 million were eligible for FMLA exit. Only eight to 17.1 percent of covered, eligible workers (or between 6.one million and 13.0 million workers) took FMLA exit in 2005.[90] The 2008 National Survey of Employers found no statistically meaning difference between the proportion of minor employers (79%) and large 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] found that children in the United states of america whose mothers render to piece of work within the outset 3 months subsequently giving nascency are less likely to exist breastfed, have all of their immunizations up to engagement (by eighteen months), and receive all of their regular medical checkups; they are likewise more likely to exhibit behavioral problems by 4 years of age. Chatterji and Markowitz [94] besides found an association between longer lengths of maternity exit and lesser incidence of depression amidst mothers.
Despite the lack of rights to leave, there is no correct to gratis kid care or day intendance. This has encouraged several proposals to create a public organisation of free kid care, or for the government to subsidize parents' costs.[95]
Controversy [edit]
The human action was controversial at its passage. Much of the controversy focused on its impact on the business concern community, and on whether the law should exist gender neutral or non.[96] In society to brand the law more than acceptable, it was argued that the police force would reduce abortions.[97] Proponents of the constabulary focused on its benefit to men and children, in order to counter the claim that it was giving women "special treatment".[98] Other controversies focused on whether the get out should be paid or not.[99]
The law was finally approved, mandating unpaid gender-neutral leave; nevertheless information technology was still criticized. Critics of the deed take suggested that by mandating various forms of leave that are used more frequently by female than male employees, the Act, like the Pregnancy Discrimination Deed of 1978, makes women more than expensive to utilise than men. They argue that employers will engage in subtle discrimination against women in the hiring process, discrimination which is much less obvious to find than pregnancy discrimination against the already hired. Throughout history, gender discrimination towards women was common; certain laws were placed that would restrict a woman'due south option in choosing a working position, likewise as, how many hours she could work[100] ei. Employers Supporters counter that the human action, in contrast to the Pregnancy Discrimination Act of 1978, is aimed at both women and men, and is part of an overall strategy to encourage both men and women to accept family-related leave.[101] Nonetheless, this is based on the supposition that men will take advantage of the opportunity of unpaid leave at comparable rates to women. According to Grossman, there is no basis for this assumption upon the inception of the legislation and no prove has been found today to support this assumption. Therefore, the employer incentive to prefer male employees is preserved despite the equal opportunity for both sexes to accept leave.[102]
Moreover, the FMLA is much less comprehensive than Western European leave policies. Namely, the United States is the only industrialized state without paid leave for parents. This illustrates the lack of provisions offered in the United States as compared to that of other industrialized countries. For example, all Western European nations take maternity paid go out and over half take paternity and sick child intendance paid exit, while the United states has no paid exit.[103]
Additionally, workplace fairness has been questioned under the Act. For instance, any woman-specific benefits provided past the legislation were considered special treatment and thus unacceptable, and ignoring the idea 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 role in child intendance, stereotype would be reinforced.[104]
The success of the implementation of the policy is also controversial because information technology is questioned whether the policy is actually going to those who need the benefits. For instance, since the leave offered is unpaid, majorities of eligible employees can not take time off considering they can not beget to do and so.[105] And according to Pyle and Pelletier, eligible workers may not even know about this policy and the benefits allotted to them.[104]
Nether law, women are protected from sex activity bigotry in the workplace but a large stigma confronting women still exists in terms of them being equally skilled every bit their male person co-workers, and ultimately testing the federal protection of rights in a work surround.[106] Like any other federal regulation, information technology 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 ceremony [edit]
Vicki Yandle, a receptionist who was fired after asking for a few weeks of time off to care for a girl with cancer, was on stage with President Clinton when the law was signed.[108]
See too [edit]
- U.s. labor law
- Cleveland Lath of Teaching five. LaFleur (1974)
Notes [edit]
- ^ Bruce, Stephen. "Family and Medical Leave Deed". Hr Daily Advisor . Retrieved 20 September 2011.
- ^ Wilentz, Sean (2008). The Age of Reagan . HarperCollins. pp. 327–328. ISBN978-0-06-074480-ix.
- ^ "William J. Clinton: Statement on Signing the Family and Medical Leave Human activity of 1993". world wide web.presidency.ucsb.edu . Retrieved 2017-03-29 .
- ^ Congress. 1993. Family and Medical Leave Act of 1993. Washington, D.C. pH.R.1–2 quoted
- ^ Congress. 1993. Family unit and Medical Exit Human action of 1993. Washington, D.C. pH.R.1–2 quoted.
- ^ S. 1790; NDAA 2020, Pub.L. 116-92, Pub.L. 116–92 (text) (PDF)
- ^ v USC § 6382(d)(2)
- ^ Office of Personnel Management, MEMORANDUM FOR: HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES on December 27, 2019
- ^ California, New Bailiwick of jersey, Rhode Island and New York
- ^ 29 USC §2611(2)
- ^ "Family and Medical Exit Act Airline Flight Crew Technical Amendments".
- ^ 29 USC §2612(e)
- ^ 29 USC §2612(due east)(2)
- ^ "Family and Medical Exit for Federal Employees". U.S. Office of Personnel Management . Retrieved 2019-07-03 .
- ^ a b c d "Fact Sheet #28: The Family and Medical Go out Human action" (PDF). U.S. 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)(two) and on adoption, see Kelley five Crosfield Catalysts 135 F2d 1202 (seventh Excursion 1998) The same rules for federal employees were codification in 5 USC §§6381–6387.
- ^ "DoL Opinion".
- ^ "Family and Medical Go out Human action – Wage and Hour Sectionalization (WHD) – U.Due south. Department of Labor". Dol.gov. Archived from the original on 2011-04-04. Retrieved 2014-08-06 .
- ^ 29 USC §2612(a)(two)
- ^ 29 USC §2612(f) "the aggregate number of workweeks of get out to which both may exist entitled may be limited to 12 workweeks"
- ^ 29 USC §2614(c). If an employee quits, the employer is enabled to recoup costs.
- ^ "Military Family Leave Provisions of the FMLA - Wage and 60 minutes Division (WHD) - U.S. Department of Labor". www.dol.gov . Retrieved 2017-03-29 .
- ^ 535 US 81 (2002)
- ^ 29 USC §2614(b). Under 29 USC §2612(b)(2) employers may transfer employees to another position with similar pay and benefits if health absences could be intermittent. Under §2618 special rules apply for employees of local educational agencies.
- ^ Vedder Price (January 26, 2011). "Struggling with Intermittent FMLA Leave". The National Law Review. Retrieved 2012-04-29 .
- ^ a b Congress. 1993. Family and Medical Exit Act of 1993. Washington, D.C. pH.R.i–eight quoted.
- ^ 29 USC §2617, and encounter Frizzell five Southwest Motor Freight, 154 F3d 641 (6th Circuit 1998)
- ^ 29 USC §2617(a)(1)(A)(three)
- ^ See Moore v Payless Shoe Source (8th Circuit 1998)
- ^ 29 U.S.C. § 2611
- ^ Coutard 5. Municipal Credit Wedlock 2017 WL 526060 (2d Cir. Feb. ix, 2017)
- ^ "Paid Family and Medical Leave: An Overview" (PDF). National Partnership for Women & Families. March 2015. Retrieved May 24, 2016.
- ^ "Paid Family Leave: Potent Families, Stiff NY". Welcome to the State of New York. 2016-01-22. Retrieved 2016-05-24 .
- ^ "Endless Delays May Doom Paid Family Exit In Washington State". ThinkProgress . Retrieved 2016-05-24 .
- ^ 26 Me. Rev. Stat. Ann. tit. 26 § *843 (iii)(A)
- ^ 26 Me. Rev. Stat. Ann. tit. 26 § 843 (three)(C)
- ^ Family unit AND MEDICAL LEAVE ACT (FMLA) GUIDE (PDF). Country OF MARYLAND. August 2013. Retrieved 2014-08-06 .
- ^ "SENATE Nib 562" (PDF). February 5, 2009. Retrieved 2014-08-06 .
- ^ Minn. Stat. § 181.940 (Subd. 3)
- ^ Or. Rev. Stat. § 659A.153 (i)
- ^ "Oregon FMLA Laws". www.employmentlawhq.com . Retrieved 2017-02-21 .
- ^ R.I. Pub. Laws §28-48-1(3)(i)
- ^ R.I. Pub. Laws § 28-48-1(iii)(iii)
- ^ 23 VSA § 471(4)
- ^ 23 VSA § 471(3)
- ^ RCW § 49.78.020(5)
- ^ RCW § 49.86.010 (6)(a)
- ^ RCW § 50.50.080(1)
- ^ D.C. Lawmaking § 32-516(2)
- ^ "The states Section of Labor clarifies FMLA definition of 'son and daughter'". U.S. Department of Labor. 2010-06-22. Archived from the original on 2010-06-26. Retrieved 2010-07-14 . News Release Number: ten-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 February 2015.
- ^ Trotier, Geoffrey Due south. (24 February 2015). "FMLA "Spouse" Definition Now Includes Same-Sex Spouses and Common-Police Spouses". The National Law Review. von Briesen & Roper, s.c. Retrieved 28 February 2015.
- ^ Gozdecki, Jeanine Thousand. (25 February 2015). "FMLA Final Rule: "Spouse" Means Aforementioned-Sexual practice Spouse (Fifty-fifty in Alabama)". The National Law Review. Barnes & Thornburg LLP. Retrieved 28 February 2015.
- ^ Cal. Fam. Lawmaking § 297.five
- ^ Conn. Gen. Stat. § 46b-38nn
- ^ Conn. Gen. Stat. § 31-51kk (vii)
- ^ Haw. Rev. Stat. § 398.1
- ^ Haw. Rev. Stat. § 398.3
- ^ 26 ME. Rev. Stat. Ann. § 843 (four)(D)
- ^ LD 2132
- ^ "SENATE BILL 562" (PDF). February 5, 2009. Retrieved 2014-08-06 .
- ^ N.J. Stat. Ann. § 37:1-31
- ^ N.J. Stat Ann. § 34-11B(3)(h)
- ^ HB 2007
- ^ OR. Rev. Stat. § 659A.150 (4)
- ^ R.I. Pub. Laws § 24-48-1(5)
- ^ 23 VSA § 1204(a)
- ^ 23 VSA § 471(iii)(B)
- ^ Wis. Stat. §103.ten(1)(f)
- ^ D.C. Code 32-501(A), (B), (C)
- ^ Conn. Gen. Stat. § 31-51ll (2)(E)
- ^ 26 ME. Rev. Stat. Ann. § 843 (4)(East)
- ^ 26 ME. Rev. Stat. Ann. § 843 (four)(F)
- ^ OR. Rev. Stat. § 659A.159 (d)
- ^ Cal. Lab. Code § 230.eight
- ^ D.C. Code 32-1202
- ^ Mass. Gen. Laws. Ch. 149 § 52(D)(b)(i)
- ^ 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)&(3)
- ^ 23 VSA § 472a (a)(ii)
- ^ 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, West.-J. and Waldfogel, J. 2003. "Parental Leave: The Impact of Recent Legislation on Parents' Leave-Taking." Demography. 40(ane):191–200. p191 quoted.
- ^ "Family and Medical Leave Act Regulations: A Written report on the Section of Labor'due south Request for Data." 28 June 2007. Department of Labor, Employment Standards Administration, Wage and 60 minutes Sectionalisation. Federal Register, Vol. 72, No. 124. [i]
- ^ Galinsky, Due east., Bond, J., Sakai, K., Kim, S., Giuntoli, N. 2008. National study of employers. New York, NY: Families and Piece of work Institute. [ii]
- ^ Gregg, P.E., Washbrook et al. 2005. "The Effects of a Mother's Return to Work Conclusion on Kid Development in the UK." The Economical Journal. 115(501):F48-F80.
- ^ Berger, L.M., Hill, et al. 2005. "Maternity Leave, Early Maternal Employment and Kid Health Development in the United states." The Economic Journal. 115(501):F29-F47.
- ^ Chatterji, P. and Markowitz, S. 2005. "Does the Length of Motherhood Leave Affect Mental Wellness." Southern Economical Journal. 72(1):16–41.
- ^ e.k. D Paquette, 'The enormous appetite of Hillary Clinton's kid-care plan' (May 12, 2016) The Washington Mail service
- ^ Anthony, Deborah J. (2008). "The Hidden Harms of the Family unit and Medical Exit Act: Gender-Neutral Versus Gender-Equal". Gender, Social Policy & the Law. sixteen: 4 – via Digital Commons.
- ^ Anthony, Deborah J. (2008). "The Hidden Harms of the Family and Medical Get out Deed: Gender-Neutral Versus Gender-Equal". Gender, Social Policy & the Police. 16: 4 – via Digital Eatables.
- ^ Anthony, Deborah J. (2008). "The Hidden Harms of the Family unit and Medical Leave Act: Gender-Neutral Versus Gender-Equal". Gender, Social Policy & the Law. 16: 4 – via Digital Commons.
- ^ Anthony, Deborah J. (2008). "The Hidden Harms of the Family unit and Medical Leave Deed: Gender-Neutral Versus Gender-Equal". Gender, Social Policy & the Law. 16: iv – via Digital Commons.
- ^ Anthony, Deborah J. (2008). "The Subconscious Harms of the Family and Medical Leave Human action: Gender-Neutral Versus Gender-Equal". Gender, Social Policy & the Constabulary. xvi: four – via Digital Commons.
- ^ "FMLA (Family & Medical Get out)". U.s. Department of Labor. 2015-12-09. Retrieved 2017-04-05 .
- ^ Grossman, Joanna (twenty Apr 2004). "Job Security Without Equality: The Family and Medical Leave Act of 1993". Journal of Law and Policy. xv (17): 17–63.
- ^ Pyle, Jean L.; Pelletier, Marianne Due south. (1 March 2003). "Family and medical leave human action: unresolved issues". New Solutions. 13 (4): 353–84. doi:x.2190/7K3G-MW4M-6J7X-U4EV. PMID 17208739. S2CID 36808025.
- ^ a b Anthony; Deborah (2008). "The Hidden Harms of the Family and Medical Get out Act: Gender Neutral versus Gender Equal". Journal of Gender Social Policy and the Law. 16 (4).
- ^ Mory, Marc; Pistilli, Lia (2001). "The Failure of the Family and Medical Exit Act: Alternative Proposals for Contemporary American Families". Hofstra Labor and Employment Law Periodical. 18 (ii).
- ^ 742-9150. "Sex / Gender Discrimination - Workplace Fairness". Midwest New Media. Archived from the original on 2017-04-05. Retrieved 2017-04-05 .
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: CS1 maint: numeric names: authors list (link) - ^ "U.Southward. Department of Labor Wage and 60 minutes Sectionalisation (WHD) The Family and Medical Exit Deed of 1993, as amended". www.dol.gov . Retrieved 2017-03-29 .
- ^ Family-Get out Nib: Peace of Listen Result New York Times, 4 Feb 1993
External links [edit]
- Family unit and Medical Go out Act of 1993 29 U.S. Code Affiliate 28
- Department of Labor Family & Medical Exit information pages
- Senate roll telephone call vote
- House roll phone call vote
- Nevada Dept. of Human Resources v. Hibbs
- Your Rights Under the Federal Family and Medical Go out Act (FMLA)
- A Child's Wish at IMDb – A made-for-Television receiver film most the deed in which President Clinton appears briefly equally himself.
- https://web.archive.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
Source: https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
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