32 many of the negative opinions promulgated by

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' 32 Many of the negative opinions promulgated by businesses stemmed from reliance on sex stereotypes, which dictated that employees ought to depend on their spouses, rather than their employers, to provide necessary support during and after pregnancy. 33 The concerns raised by the business sector have generally proven false. 34 In fact, FMLA has had some positive effects on 27. SHEILA KAMERMAN & SHIRLEY GATENO, THE CLEARINGHOUSE ON INT'L DEVS. IN CHILD, YOUTH & FAMILY POLICIES, COLUMBIA UNIV., MOTHER'S DAY: MORE THAN CANDY AND FLOWERS, WORKING PARENTS NEED PAID TIME-OFF 3 (2002), available at . 28. Id. 29. Id. 30. Hearing on S. 110-851, supra note 24, at 2. 31. Bhushan, supra note 2, at 687. 32. Family Medical Leave Act (FMLA) of 1993, 29 U.S.C. § 2601(b)(3) (2012). 33. See Anthony, supra note 13, at 471 (describing the business perspective that the idea of the 'ideal worker' was still based upon the male standard of someone who has a spouse available to take care of the domestic and caregiving needs of the family"). 34. See Bhushan, supra note 2, at 687 (noting that contrary to the business community's beliefs, employee productivity has increased since the passage of FMLA); [Vol. 37:1
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ENCOURAGING WORK-FAMIL Y BALANCE businesses, creating lower turnover rates and higher retention and productivity rates, as well as improving employee morale. 3 5 FMLA provides eligible employees up to twelve weeks of unpaid leave to care for a new child, as well as to attend to serious illness afflicting the employee or an immediate family member. 36 FMLA is gender-neutral, so men and women may both take a full twelve weeks of parental leave. 37 FMLA was written in gender-neutral terms in part in response to a California law that required employers to provide only maternity leave, which was struck down in 1984 because it discriminated against men by failing to grant paternity leave. 38 In addition, FMLA provides restoration of the employee's previous position, or an equivalent position, upon their return to work, as well as protection of benefits accrued by the employee before taking leave. 39 FMLA mandates minimal requirements for covered employers; states and private employers may enact more protective work-family policies at their discretion. 40 Currently, six states have their own laws providing for paid see also Peter A. Susser, The Employer Perspective on Paid Leave & the FMLA, 15 WASH. U. J.L. & POL'Y 169, 169-70 (2004) (detailing employers' initial fears that FMLA would have negative economic impacts on businesses, would be inconvenient because of the need to temporarily fill position while employees were on leave, and that FMLA may eventually mandate paid leave. Although concerns about the future possibility of paid leave remain, most employers have adjusted to current FMLA mandates.).
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  • Fall '17
  • David Capco
  • Biology, FMLA, ........., Leave, parental leave

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