Balance between employment and childbirth progressive

Info icon This preview shows pages 7–9. Sign up to view the full content.

balance between employment and childbirth, progressive maternity leave policies serve to establish and maintain gender equality in the workplace. 17 However, a number of shortcomings of family leave law and policy in the United States prevent the attainment of such gender equality. For example, one study found that, while maternity leave legislation, including FMLA, increased new mothers' likelihood to return to their pre-pregnancy jobs after giving birth, the implementation of such legislation did not have a significant effect on mothers' likelihood to take maternity leave. 18 As will be more fully discussed, one explanation for this 14. Simpson, supra note 12, at 304. 15. See id. at 305 (noting that men, unlike women, "are not forced to choose between caring for children and a fruitful career"). 16. See id. at 293 (arguing that after giving birth, women face numerous economic disadvantages that may cause women to earn less money, take unpaid time off to care for a sick child, or upon reentering the workforce, only be able to acquire a position that pays less); see also Deborah Dinner, The Costs of Reproduction: History and the Legal Construction of Sex Equality, 46 HARV. C.R.-C.L. L. REV. 415, 417 (2011) ("Childbearing may cost a parent lost investment in human capital, when they forego education or career advancement to perform caregiving in the home."). 17. See Rangita de Silva de Alwis, Examining Gender Stereotypes in New Work/Family Reconciliation Policies: The Creation of a New Paradigm for Egalitarian Legislation, 18 DUKE J. GENDER L. & POL'Y 305, 305-07, 314-15, 320, 326 (2010) (positing that a substantive equality paradigm can inform egalitarian work-family policy, but cautioning that legislation based on gender stereotypes may reinforce caregiving as a role of women and not of men); see also Julie C. Suk, Are Gender Stereotypes Bad For Women? Rethinking Antidiscrimination Law and Work-Family Conflict, 110 COLUM. L. REV. 1, 49-50 (2010) (discussing European laws that distinguish maternity from other disabilities and therefore grant pregnant women special protections in the workplace). 18. Charles L. Baum II, The Effects of Maternity Leave Legislation on Mothers' [Vol. 37:1
Image of page 7

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

ENCOURAGING WORK-FAMIL Y BALANCE result may be that leave policies currently mandated by law in the United States are not practically feasible for permitting women to take family leave without experiencing negative employment-related consequences. 19 The more specific failures of US family leave law and policy will be discussed further below. 20 III. THE FAMILY AND MEDICAL LEAVE ACT OF 1993 The Family Medical Leave Act of 1993 covers most federal work-family policy in the United States. 21 FMLA was enacted upon Congress' recognition that many households require two incomes to maintain financial stability. 22 Work-family laws were first enacted at the state level, beginning with Massachusetts in 1972.23 It was 21 years before President Clinton, as one of his first official acts as President, signed the federal FMLA into law.
Image of page 8
Image of page 9
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