Abstract
This article examines the pace at which Federal and State legislation were implemented to provide working parents and caregivers the ability to take time off for the birth or adoption of a child, to care for the elderly, sick or disabled family members, and others in need of care. Compared with many industrialized nations, the United States ranks alongside the least generous countries in terms of providing a balanced lifestyle between work and family life. For instance, the United States does not even provide national paid family leave. This article provides the history, purpose, and scope of the Family and Medical Leave Act, and later implementations of State programs. Furthermore, this article will present a brief survey of the paternal, maternal, and parental leave policies of other countries and will provide suggestions for changing existing federal policies to provide a more conducive family and work balance for employees.
Highlights
Current U.S policies surrounding the needs of an employee’s right to care for his or her family are inadequate
Given the situation of workers and families in the United States, it has become clear that since 1993, taking unpaid leave is a burden for many American families, especially those with high levels of educational attainment who may qualify under the Family and Medical Leave Act of 1993 (FMLA), and elders who require ongoing care
The FMLA does not place any restrictions on the ability of states to enact more favorable and generous policies, the states that do enact generous policies are paving the way toward protecting employees and their families
Summary
Current U.S policies surrounding the needs of an employee’s right to care for his or her family are inadequate. State and Federal law govern policies surrounding parental work leave for taking time off to care for a newborn child, adoption, or an ailing family member. Some states have responded to the FMLA’s strict eligibility requirements and have passed legislation that covers employers with less than 50 employees and provided job-protected paid sick leave.
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