Unemployment compensation programs 221 birth and

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unemployment compensation programs). 221. Birth and Adoption Unemployment Compensation, 65 Fed. Reg. 37,210 (June 13, 2000) (to be codified at 20 C.F.R. pt. 604); see also Unemployment Compensation and the Family Medical Leave Act: Hearing Before the Subcomm. on Human Res. of the H. Comm. on Ways & Means, 106th Cong. 49, 51 (2000) (statement of Eric J. Oxfeld, President, UWC-Strategic Services on Unemployment & Workers' Compensation) (asserting that many business organizations are opposed to using unemployment insurance for paid voluntary leave); Susser, supra note 34, at 182-83 (purporting that business groups object to the use of unemployment insurance to fund paid FMLA leave, in part, because it means that "jobless workers and employers will no longer be able to count on the protections afforded by [unemployment insurance]"). 222. Unemployment Compensation-Trust Fund Integrity Rule; Birth and Adoption Unemployment Compensation; Removal of Regulations, 68 Fed. Reg. 58,540 (Oct. 9, 2003) (codified at 20 C.F.R. pt. 604) (arguing that unemployment compensation is designed for individuals who are "able and available" to work, while individuals taking voluntary parental leave are "unavailable for work" and so do not meet requirements to be eligible to receive unemployment funds); see also Susser, supra note 34, at 185-86 (noting that the Bush Administration rescinded the "BAA-UC regulations"). [Vol. 37:1
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ENCOURAGING WORK-FAMIL Y BALANCE IX. CONCLUSION In spite of its good intentions, FMLA is a rather alarming example of an area of law in which the United States falls far behind most of the industrialized world. 223 Reforming FMLA would serve to facilitate work-family balance for all working parents and to expand opportunities for mothers in the workplace, a policy goal that President Obama recently endorsed as a method of helping all Americans. 224 One recent study clearly highlights the particular importance of work-family balance in women's lives. 225 It was found that women with three or more children reported being treated more uncivilly in the workplace than women with few or no children. 226 However, when faced with uncivil treatment, women with more children also reported more positive psychological outcomes such as greater job satisfaction and lower rates of depression. 227 The researchers suggest that although having a strong identity as a mother leaves a woman vulnerable to poorer treatment in the workplace, the motherhood identity also serves as a facilitator of positive outcomes and a buffer against negative outcomes in the face of poor treatment, implying that motherhood is at once a strain on female employees yet also a role to be celebrated for its positive effects on working mothers. 228 223. See Hearing on S. 110-851, supra note 24, at 4 (noting "the European standard is 10 paid months" and the United States is only in the company of Swaziland, Liberia and Papua New Guinea in denying paid maternity leave).
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  • Fall '17
  • David Capco
  • Biology, FMLA, ........., Leave, parental leave

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