142 this miniscule usage rate is quite telling

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142 This miniscule usage rate is quite telling regarding the value to parents of paid versus unpaid leave, as paid leave for the birth or adoption of a new child has been widely successful, while the unpaid leave for later childcare responsibilities appears to be quite unpopular. 143 C. Recognition of Gender The fact that, unlike FMLA, the language of Iceland's law is not gender-neutral actually contributes to its promotion of gender equality. 144 As previously noted, some commentators suggest that FMLA's gender-neutral quality is more damaging than the gendered laws of Iceland and much of the rest of Europe, even though many gendered laws developed in response to reliance on gender stereotypes. 145 139. Id. 140. Id. at 17-18 (referring to a study conducted by Auour Ama Arnardottir and Margret Jonsdottir from Reykjavik University). 141. See Iceland Act, supra note 95, § VII, art. 24 (detailing parents' right to take parental leave). 142. Jonsdottir, supra note 98, at 10 (referring to the Capacent Gallup survey). 143. See id. at 19 (suggesting that greater publication of the availability of this parental leave is unlikely to increase usage so long as it is unpaid). 144. See Eydal & Rostgaard, supra note 10, at 174 (arguing that Iceland's provision for a father's quota of paid paternity leave has promoted "equal sharing of parental leave between men and women"). 145. See, e.g., Anthony, supra note 13, at 460-61, 473-74, 477, 481, 491 (discussing that a gender-neutral law such as the FMLA is ineffective in a country like the United States, where the private social structure itself perpetuates women's inequality); see also Act on Equal Status and Equal Rights of Women and Men (Act No. 10/2008), § IV, art. 24 (expressly stating that, in Iceland, "[s]pecial consideration to women in connection with [Vol. 37:1
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ENCOURAGING WORK-FAMILY BALANCE In Iceland, men take paternity leave at higher rates than in the United States, suggesting that taking maternity leave may not disparately affect women in the Icelandic labor market, as problems associated with taking leave from work are equally faced by men and women alike. 146 The extensive use of paternity leave is likely attributable to Iceland's innovative use-it-or-lose-it provision of leave to fathers. 147 In 2001, Icelandic men took paternity leave at a rate of 82.4% of the rate at which women took maternity leave; that percentage increased to 89.9% in 2004.148 Although women generally take the period of leave that may be split between the parents, the percentage of men who took more than their allocated three months rose slightly from 14.5% in 2001 to 17.1% in 2004;149 this percentage further increased to 21.2% by 2007.150 Anecdotally, it was reported that within one month of implementation of the Iceland Act, Reykjavik, the capital of Iceland, "was filled with fathers pregnancy and childbirth shall not be regarded as discrimination"); United States v.
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