186 see boushey supra note 54 at 176 discussing the

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186. See Boushey, supra note 54, at 176 (discussing the paid family leave programs in California, New Jersey, Washington, Hawaii, New York, and Rhode Island). 187. Id.; see also KAMERMAN & GATENIO, supra note 27 (noting that the primary problem with such TDI programs is that they do not protect the right to return to work after taking leave). 188. Boushey, supra note 54, at 177. 189. Compare id. (describing the proposed funding of paid leave for FMLA through the Social Security Administration), with Iceland Act, supra note 95, § 11, art. 4 (providing that the Maternity/Paternity Leave Fund shall be financed through an insurance levy). 190. See Asher & Lenhoff, supra note 38, at 119 (arguing that expanding FMLA to include businesses with 25-49 employees would give 13 million more workers access to job-protected leave). 191. See id. (noting that while proposals to expand FMLA coverage to firms with 25-49 employees have been routinely rejected due to "influential business interests" and political polarization, many small businesses as well as the District of Columbia, Oregon, and Vermont have willingly adopted the FMLA into their own policies); see also HARA & HEGEWISCH, supra note 4, at 4 (describing policies of several states that apply FMLA protections to smaller businesses, such as Maine's law which covers businesses with 15 or more employees). [Vol. 37:1
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ENCOURAGING WORK-FAMIL Y BALANCE sectors, it will continue to adversely impact not only working mothers, but also low-income employees who are more likely to work for smaller companies, for shorter periods of time, and in part-time positions-all of which could disqualify an employee from taking FMLA leave. 192 VII. TAKING ADVANTAGE OF A CLIMATE FOR CHANGE: THE INFLUENCE OF THE AFFORDABLE CARE ACT The longstanding gender gap perpetuated in part by the shortcomings of FMLA may be remedied by amending FMLA based on the Iceland Act, as an initiative taken in conjunction with the implementation of the Patient Protection and Affordable Care Act (ACA). 193 The ACA, signed into law on March 23, 2010, is targeted toward providing health insurance to all Americans in order to increase access to affordable healthcare. 194 It has been argued that reforming FMLA ought to be the next step in healthcare reform, as the aim of the ACA-to provide a personal sense of security in healthcare-mirrors FMLA's goal of providing security in employment during periods of medical interference with work. 195 In addition to creating a number of programs aimed at improving the health of pregnant women, such as smoking cessation programs and increased delivery options for women on Medicaid, the ACA also provides state grants for community services fostering ease of pregnancy and childcare for low-income mothers. 196 In the workplace, the ACA requires any employer covered by the Fair Labor Standards Act to provide breaks and proper locations for new mothers to express breast 192. See Asher & Lenhoff, supra note 38, at 118, (noting that the FMLA tends to exclude vulnerable groups of workers such as "low-wage workers, part-time workers, and women leaving welfare for work").
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