180 however this amendment would have a strong

Info icon This preview shows pages 32–34. Sign up to view the full content.

180 However, this amendment would have a strong symbolic effect of granting recognition to women's and men's individual needs related to employment and childbirth.181 Additionally, FMLA already has a built-in "daddy quota," as men (and women) who fail to take family leave within the specified one-year timeframe do in fact forfeit that opportunity. 1 2 However, clarifying this function, as done by the Icelandic law, could raise awareness of both parents' abilities to take leave, 18 3 as well as encourage eligible fathers to take the paternity leave to which they are entitled rather than give up that right. 184 B. Paid Family Leave A second, and certainly more challenging, change I recommend is to provide for paid family leave. Clearly, the most difficult question to answer in implementing such a program is 178. See Jonsdottir, supra note 98, at 16-17 (describing the various ways Icelandic families distribute parental leave based upon their economic circumstances). 179. See Family Medical Leave Act (FMLA) of 1993, 29 U.S.C. § 2612(a)(1) (2012). 180. 29 U.S.C. § 2612(a)(1). 181. See Simpson, supra note 12, at 302-04 (arguing that the strengthening of work-life balance for women in Scandinavian countries has involved not only changes in law, but shifts in cultural values relating to gender). 182. 29 U.S.C. § 2612(a)(2); see also Barzilay, supra note 64, at 434 (explaining that the daddy quota provides parental leave specifically to fathers and is wasted if the father refrains from using it). 183. See Baird & Reynolds, supra note 86, at 336 (describing men's lesser awareness of the availability of paternity leave). 184. See Jonsdottir, supra note 98, at 16 (indicating that the percentage of Icelandic fathers who took paternity leave rose 90% in the four years following the passage of the Iceland Act). 20151
Image of page 32

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

HOUSTON JOURNAL OF INTERNATIONAL LAW how to fund paid family leave. 18 5 However, several states are already experimenting with such programs. 186 For instance, California and New Jersey provide some amount of paid family leave through state-level Temporary Disability Insurance, and Washington has implemented a stand-alone paid family leave program. 18 7 On the federal level, one suggestion is to extend the already-existing Social Security program by creating an additional Social Security fund dedicated to family leave. 1 8 This approach most resembles the Icelandic approach of creating the Maternity/Paternity Leave Fund. 18 9 C. Wider Applicability A final recommendation is to amend FMLA to provide coverage to a greater percentage of the workforce. 1 90 Although pushback from the industrial sector is anticipated, many small businesses successfully model their work-family policies after FMLA, and a few states have already extended FMLA coverage to apply to midsize businesses. 191 Until FMLA functions to provide access to family leave for employees in all employment 185. See generally Susser, supra note 34, at 169 (discussing businesses' opposition to paid family leave); see also Boushey, supra note 54, at 175 (discussing the failure of the market to respond to the need for paid family leave).
Image of page 33
Image of page 34
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '17
  • David Capco
  • Biology, FMLA, ........., Leave, parental leave

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern