Which of the Following Is Allowed Under the Family and Medical Leave Act?

United states of america labor law

Family and Medical Leave Act of 1993
Great Seal of the United States
Long championship An Act to grant family and temporary medical leave under certain circumstances.
Acronyms (colloquial) FMLA
Enacted past the 103rd United States Congress
Citations
Public constabulary Pub.50. 103–3
Statutes at Large 107 Stat. six
Codification
Titles amended 29 USC: Labor
U.s.C. sections created 29 U.S.C. sec. 2601
Legislative history
  • Introduced in the House every bit H.R. 1 by William D. Ford (D-MI) on January v, 1993
  • Committee consideration past House Education and Labor, House Postal service Office and Civil Service
  • Passed the Firm on February 3, 1993 (265–163)
  • Passed the Senate on February 4, 1993 (71–27) with subpoena
  • House agreed to Senate subpoena on February iv, 1993 (Via H.Res. 71, 247–152)
  • Signed into constabulary by President Neb Clinton on Feb 5, 1993
Major amendments
No Child Left Behind Deed

The Family and Medical Leave Act of 1993 (FMLA) is a United states of america labor law requiring covered employers to provide employees with chore-protected, unpaid leave for qualified medical and family reasons.[1] The FMLA was a major function of President Bill Clinton's beginning-term domestic agenda, and he signed it into law on Feb 5, 1993. The FMLA is administered by the Wage and Hr Division of the United States Department of Labor.

The FMLA allows eligible employees to take upwardly to 12 work weeks of unpaid leave during any 12-month period to treat a new child, care for a seriously ill family fellow member, or recover from a serious illness. The FMLA covers both public- and private-sector employees, but sure categories of employees, including elected officials and highly compensated employees, are excluded from the police or face up sure limitations. In club to be eligible for FMLA leave, an employee must take worked for the employer for at to the lowest degree 12 months, have worked at least i,250 hours over the past 12 months, and work for an employer with at least 50 employees inside a 75-mile radius. Several states take passed laws providing boosted family unit and medical leave protections for workers.

Background [edit]

Prior to the 1992 presidential election, a family medical leave act had been vetoed twice past President George H. W. Bush.[2] Later on Bill Clinton won the 1992 ballot, a constabulary protecting family medical leave became ane of his major first-term domestic priorities. Rapid growth in the workforce, including a large number of women joining, suggested a necessary federal regulation that would back up the working form who desired to raise a family unit and/or required time off for illness related situations.[3] President Clinton signed the pecker into police on February five, 1993 (Pub.L. 103–3; 29 The statesC. sec. 2601; 29 CFR 825) to take effect on August 5, 1993.

The United States Congress passed the Human action with the understanding that "it is important for the development of children and the family unit of measurement that fathers and mothers exist able to participate in early childrearing … [and] the lack of employment policies to accommodate working parents can force individuals to cull between job security and parenting".[4] It too stressed the Human action was intended to provide leave protection for individuals "in a manner that accommodates the legitimate interests of employers".[5]

On December 20, 2019, as part of the National Defense Dominance Human activity (NDAA) for Fiscal Yr 2020,[six] the Federal Employee Paid Leave Act (FEPLA) amended the Family and Medical Leave Act (FMLA) to grant federal regime employees up to 12 weeks of paid time off for the birth, adoption or foster of a new kid.[vii] The law applies to births or placements occurring on or later on October 1, 2020.[eight]

Contents [edit]

Scope of rights [edit]

The Family and Medical Get out Deed of 1993 generally applies to employers of 50 or more than employees in twenty weeks of the last year. Employees must take worked over 12 months and 1250 hours in the last year (effectually 25 hours a calendar week). Still, employees are not eligible if they work at a work site where the total number of employees employed past the employer within 75 miles of that piece of work site is less than 50.[10] A worksite includes a public agency, including schools and state, local, and federal employers. The 50 employee threshold does not apply to public bureau employees and local educational agencies. There are special hours rules for certain airline employees.[11]

Employees must give detect of thirty days to employers if birth or adoption is "foreseeable",[12] and for serious wellness conditions if practicable. Treatments should be arranged "so as non to disrupt unduly the operations of the employer" co-ordinate to medical advice.[13]

Forth with the thirty twenty-four hours discover, there are also other requirements to exist made when seeking the FMLA rights. If an employee wants to go out the first time using ones FMLA rights, the person must outset merits the Family and Medical Get out Human action.[14] In the case that an employee were to leave again under the FMLA human action, the same process must go on.[15]

With the release of employees, in that location is a certification too. The absence of an employee due to the conditions he or she may have may require a certification as proof of the verification of absence.[xv] In social club to certify the leave of an employee, the employer may ask for other requirements. An instance of these requirements are requiring multiple medical opinions. All of these prerequisites are at the employer'south expense. There are also certain rules that may apply to those who work at local education agencies.[15]

In nigh of the United States employers and employees cannot refuse the awarding of the FMLA to FMLA-qualifying absences.[xvi] However from Escriba 5. Foster Poultry Farms, Inc., 743 F.3d 1236, 1244 (9th Cir. 2014) in those states under the jurisdiction of the 9th Excursion "[A]north employee can affirmatively turn down to use FMLA leave, even if the underlying reason for seeking the get out would have invoked FMLA protection."[17]

Rights during exit [edit]

Employees can accept up to 12 weeks of unpaid get out for child nativity, adoption, to care for a close relative in poor health, or considering of an employee'due south own poor health.[18] In full, the purposes for leave are:

  • to care for a new child, whether for the nascency, the adoption, or placement of a child in foster care;
  • to care for a seriously ill family fellow member (spouse, son, daughter, or parent) (Note: Son/daughter has been clarified by the Department of Labor to mean a kid under the age of 18 or a kid over the age of 18 with a mental or concrete disability as defined by the Americans With Disabilities Act, which excludes, among other atmospheric condition, pregnancy and mail-partum recovery from childbirth);[19]
  • to recover from a worker's own serious affliction;
  • to intendance for an injured service fellow member in the family; or
  • to accost qualifying exigencies arising out of a family unit member'southward deployment.
  • twenty-half-dozen workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember's spouse, son, girl, parent, or adjacent of kin (military caregiver go out).[20]

Child care leave should be taken in 1 lump, unless an employer agrees otherwise.[21] If a begetter and mother have the aforementioned employer, they must share their go out, in issue halving each person'south rights, if the employer and so chooses.[22]

Employers must provide benefits during the unpaid leave.[23] Nether §2652(b) states are empowered to provide "greater family or medical leave rights".

Since 2008, the Department of Labor has allowed the spouse, kid, or parent of an active duty military machine fellow member who is deployed overseas for 12 or more months to take upwardly to 12 weeks of leave. Besides, a military caregiver provision was added that would allow a caregiver to have upwards to 26 weeks of leave in order to actively care for a military fellow member who requires medical attention for acute or ongoing conditions.[24]

Substitute leave [edit]

Under §2612(2)(A) an employer tin make an employee substitute the right to 12 unpaid weeks of exit for "accrued paid vacation leave, personal get out or family unit go out" in an employer's personnel policy. Originally the Department of Labor had a penalisation to brand employers notify employees that this might happen. Nevertheless, five judges in the US Supreme Court in Ragsdale v Wolverine World Wide, Inc held that the statute precluded the right of the Department of Labor to do so. Four dissenting judges would take held that cipher prevented the rule, and it was the Department of Labor's job to enforce the law.[25]

Correct to return to job [edit]

After unpaid go out, an employee generally has the right to return to their job, except for employees who are in the top x% of highest paid and the employer tin debate refusal "is necessary to prevent substantial and grievous economical injury to the operations of the employer."[26] In full, the rights during and after unpaid leave are to:

  • the same group health insurance benefits, including employer contributions to premiums, that would exist if the employee were not on leave.
  • restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is essentially equal in pay, benefits, and responsibility.
  • protection of employee benefits while on exit. An employee is entitled to reinstatement of all benefits to which the employee was entitled earlier going on leave.
  • protection of the employee to not have their rights under the Act interfered with or denied past an employer.
  • protection of the employee from retaliation by an employer for exercising rights under the Human action.
  • intermittent FMLA exit for their own serious wellness status, or the serious health status of a family member. This includes occasional leave for doctors' appointments for a chronic condition, treatment (e.g., physical therapy, psychological counseling, chemotherapy), or temporary periods of incapacity (e.g., severe morn sickness, asthma attack).[27]

"Highly compensated employees" accept limited rights to return to their jobs. They are defined equally "a salaried eligible employee who is among the highest paid 10 percentage of the employees employed by the employer within 75 miles of the facility at which the employee is employed".[28] Their employers are not required to restore them to their original position (or an equivalent position with equivalent pay and benefits, every bit is guaranteed to other employees) if the employer determines that denying the employee their position is "necessary to prevent substantial and grievous economic injury to the operations of the employer" [28] and the employer provides the worker with notice of this conclusion, though no time frame for providing this notice is established.

Enforcement [edit]

Employees or the Secretary of Labor can bring enforcement actions,[29] but at that place is no right to a jury for reinstatement claims. Employees can seek damages for lost wages and benefits, or the cost of child care, plus an equal amount of liquidated damages unless an employer can show it acted in good faith and reasonable cause to believe it was non breaking the law.[xxx] There is a ii-yr limit on bringing claims, or three years for willful violations.[31]

Non-eligible workers and types of leave [edit]

The federal FMLA does non apply to:

  • workers in businesses with fewer than 50 employees (this threshold does not apply to public agency employers and local educational agencies as they are covered employers by proper name simply at that place notwithstanding must exist at to the lowest degree fifty employees with a 75-mile radius for the employee to be eligible for FMLA exit[15]);
  • part-fourth dimension workers who have worked fewer than 1,250 hours within the 12 months preceding the leave and a paid holiday;
  • workers who need fourth dimension off to care for seriously ill elderly relatives (other than parents), unless the relative was acting in loco parentis at the time the worker turned 18;[32] [33]
  • workers who need fourth dimension off to recover from short-term or common illness like a cold, or to treat a family unit member with a short-term illness;
  • elected officials; and
  • workers who need fourth dimension off for routine medical care, such equally check-ups.
  • workers who need time off to care for pets;

State family unit leave [edit]

Ix states—California, Colorado, Connecticut, Massachusetts, New Jersey, New York, Oregon, Rhode Isle, and Washington Land—and Washington D.C. take passed into law programs that provide pay to workers taking time off to bond with a new child, care for a seriously ill loved one, or recover from one'southward ain serious wellness condition.[34]

Dropping the employer threshold [edit]

The federal FMLA only applies to employers with 50 or more employees, within 75 miles. Some states have enacted their ain FMLAs that have a lower threshold for employer coverage:

  • Maine: 15 or more employees (private employers)[35] and 25 or more (urban center or town employers).[36]
  • Maryland: 15 or more employees (private employers)Up to seven days for bone marrow donation. Upwardly to thirty days for organ donation.[37] [38]
  • Minnesota: 21 or more employees (parental go out only).[39]
  • Oregon: 25 or more employees. An employee must have worked at least 180 days, and averaged 25 hours per calendar week at the time medical go out is requested[40] [41]
  • Rhode Island: l or more than employees (private employers)[42] and xxx or more employees (public employers).[43]
  • Vermont: 10 or more employees (parental get out only)[44] and 15 or more employees (family and medical go out).[45]
  • Washington: fifty or more employees (FMLA reasons likewise insured parental leave);[46] all employers are required to provide insured parental leave.[47] [48]
  • District of Columbia: 20 or more employees.[49]

Expanded coverage [edit]

The federal FMLA only applies to immediate family—parent, spouse, and kid. The 2008 amendments to the FMLA for military family members extend the FMLA's protection to next of kin and to adult children. The Department of Labor on June 22, 2010 clarified the definition of "son and daughter" under the FMLA "to ensure that an employee who assumes the role of caring for a child receives parental rights to family unit get out regardless of the legal or biological human relationship" and specifying that "an employee who intends to share in the parenting of a kid with their same sex partner will be able to exercise the right to FMLA exit to bond with that child."[50]

In February 2015, the Department of Labor issued its final rule amending the definition of spouse under the FMLA in response to the decision in Us 5. Windsor, effective March 27, 2015.[51] The revised definition of "spouse" extends FMLA go out rights and chore protections to eligible employees in a aforementioned-sex activity matrimony or a mutual-police force marriage entered into in a land where those statuses are legally recognized, regardless of the state in which the employee works or resides.[52] Even if an employee works where aforementioned-sex or common law marriage is not recognized, that employee's spouse triggers FMLA coverage if the employee married in a state that recognized aforementioned-sex marriage or common police force spousal relationship.[53] Some states had already expanded the definition of family in their own FMLAs:

  • California: Domestic partner and domestic partner's kid.[54]
  • Connecticut: Civil union partner,[55] parent-in-law.[56]
  • Hawaii: Grandparent, parent-in-law, grandparent-in-law[57] or an employee'south reciprocal casher.[58]
  • Maine: Domestic partner and domestic partner'south child,[59] siblings.[threescore]
  • Maryland: Allows the employee to apply time for firsthand family nether the same rules if taking it for themselves. Includes footstep, adopted and fifty-fifty people who were master caregivers even if not related.[61]
  • New Jersey: Civil marriage partner and kid of civil union partner,[62] parent-in-constabulary, step parent.[63]
  • Oregon: Domestic partner,[64] grandparent, grandchild or parent-in-law.[65]
  • Rhode Island: Domestic partners of state employees, parent-in-law.[66]
  • Vermont: Ceremonious union partner,[67] parent-in-police.[68]
  • Wisconsin: Parent-in-police.[69]
  • Commune of Columbia: Related to the worker by blood, legal custody, or marriage; person with whom the employee lives and has a committed relationship; child who lives with employee and for whom employee permanently assumes and discharges parental responsibility.[lxx]

Increasing the uses for FMLA exit [edit]

FMLA exit tin be used for a worker's serious health condition, the serious health condition of a family member, or upon the inflow of a new child. Country FMLA laws and the new military family provisions of the FMLA have broadened these categories:

  • Connecticut: Organ or bone marrow donor.[71]
  • Maine: Organ donor;[72] expiry of employee's family member if that family member is a servicemember killed while on agile duty.[73]
  • Maryland: Maryland Family unit Leave Act (MFLA) – Organ donor, Person Standing in Loco Parentis, For Service Leave, and added a specific anti-retaliation penalty on tiptop of FMLA recovery. Runs parallel to FMLA.
  • Oregon: Care for the not-serious injury or affliction of a kid requiring home care.[74]

[edit]

Several states have passed FMLA-type statutes to give parents unpaid go out for other related purposes, including:

  • Attention child's school or educational activities. Examples include California,[75] Commune of Columbia,[76] Massachusetts,[77] Minnesota,[78] Rhode Island,[79] Vermont,[fourscore] and others.
  • Taking family members to routine medical visits. Massachusetts[81] and Vermont.[82]
  • Addressing the effects of domestic violence, stalking, or sexual assault. Examples include Colorado,[83] Florida,[84] Hawaii,[85] and Illinois.[86]

Significance [edit]

In 2003, Han and Waldfogel found that "only about threescore% of individual sector workers are covered" [87] due to the clause stipulating a minimum number of employees, and one time the clause stipulating a minimum number of hours worked is added, only 46% of individual sector workers are eligible for leave under the FMLA. In June 2007, the Department of Labor estimated that of 141.vii million workers in the United States, 94.4 million worked at FMLA-covered worksites, and 76.1 million were eligible for FMLA exit. Only 8 to 17.1 percent of covered, eligible workers (or between 6.ane meg and 13.0 million workers) took FMLA get out in 2005.[88] The 2008 National Survey of Employers found no statistically significant difference betwixt the proportion of pocket-sized employers (79%) and big employers (82%) that offer full FMLA coverage.[89]

Although much of the research has been conducted on populations in other countries,[ninety] Berger et al.[91] found that children in the United States whose mothers return to work inside the kickoff iii months after giving nativity are less likely to be breastfed, take all of their immunizations upward to date (past 18 months), and receive all of their regular medical checkups; they are also more likely to exhibit behavioral problems by four years of historic period. Chatterji and Markowitz [92] also found an clan between longer lengths of maternity go out and lesser incidence of depression amid mothers.

Despite the lack of rights to leave, there is no right to free child care or day care. This has encouraged several proposals to create a public system of costless child care, or for the government to subsidize parents' costs.[93]

Controversy [edit]

The human action was controversial at its passage. Much of the controversy focused on its bear upon on the business community, and on whether the law should exist gender neutral or non.[94] In order to make the police force more acceptable, information technology was argued that the law would reduce abortions.[95] Proponents of the law focused on its do good to men and children, in order to counter the claim that it was giving women "special treatment".[96] Other controversies focused on whether the leave should be paid or not.[97]

The law was finally approved, mandating unpaid gender-neutral leave; even so it was nevertheless criticized. Critics of the act have suggested that by mandating various forms of go out that are used more often past female than male employees, the Act, like the Pregnancy Discrimination Act of 1978, makes women more than expensive to use than men. They argue that employers will engage in subtle bigotry confronting women in the hiring process, discrimination which is much less obvious to detect than pregnancy bigotry confronting the already hired. Throughout history, gender discrimination towards women was common; certain laws were placed that would restrict a woman'due south option in choosing a working position, too as, how many hours she could work[98] ei. Employers Supporters counter that the act, in contrast to the Pregnancy Discrimination Act of 1978, is aimed at both women and men, and is part of an overall strategy to encourage both men and women to accept family-related exit.[99] However, this is based on the supposition that men will accept advantage of the opportunity of unpaid leave at comparable rates to women. According to Grossman, there is no basis for this assumption upon the inception of the legislation and no evidence has been establish today to support this assumption. Therefore, the employer incentive to prefer male employees is preserved despite the equal opportunity for both sexes to take leave.[100]

Moreover, the FMLA is much less comprehensive than Western European leave policies. Namely, the United States is the merely industrialized country without paid get out for parents. This illustrates the lack of provisions offered in the Us as compared to that of other industrialized countries. For instance, all Western European nations accept maternity paid leave and over half have paternity and sick kid intendance paid go out, while the U.s. has no paid go out.[101]

Additionally, workplace fairness has been questioned under the Act. For instance, whatever adult female-specific benefits provided past the legislation were considered special treatment and thus unacceptable, and ignoring the idea that women may have a greater share of brunt of caregiving in reality. In antiphon, supporters may fence that creating such legislation that recognizes the female's greater role in child care, stereotype would be reinforced.[102]

The success of the implementation of the policy is also controversial because it is questioned whether the policy is actually going to those who need the benefits. For instance, since the get out offered is unpaid, majorities of eligible employees can not take time off because they can non afford to do so.[103] And according to Pyle and Pelletier, eligible workers may not even know about this policy and the benefits allotted to them.[102]

Under constabulary, women are protected from sex bigotry in the workplace but a large stigma against women still exists in terms of them beingness as skilled as their male co-workers, and ultimately testing the federal protection of rights in a work environment.[104] Like whatsoever other federal regulation, it is strictly prohibited for an employer to discriminate towards an employee (specially if the employee is using their FMLA rights), and to strain from providing accurate information for all employees to admission.[105]

Signing ceremony [edit]

Vicki Yandle, a receptionist who was fired after asking for a few weeks of time off to care for a daughter with cancer, was on phase with President Clinton when the law was signed.[106]

See as well [edit]

  • United States labor police force
  • Cleveland Lath of Education v. LaFleur (1974)

Notes [edit]

  1. ^ Bruce, Stephen. "Family and Medical Go out Human action". Hour Daily Counselor . Retrieved 20 September 2011.
  2. ^ Wilentz, Sean (2008). The Age of Reagan . HarperCollins. pp. 327–328. ISBN978-0-06-074480-9.
  3. ^ "William J. Clinton: Statement on Signing the Family and Medical Leave Deed of 1993". world wide web.presidency.ucsb.edu . Retrieved 2017-03-29 .
  4. ^ Congress. 1993. Family and Medical Go out Act of 1993. Washington, D.C. pH.R.i–2 quoted
  5. ^ Congress. 1993. Family and Medical Leave Deed of 1993. Washington, D.C. pH.R.1–two quoted.
  6. ^ S. 1790; NDAA 2020, Pub.L. 116-92, Pub.Fifty. 116–92 (text) (PDF)
  7. ^ five USC § 6382(d)(2)
  8. ^ Office of Personnel Management, MEMORANDUM FOR: HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES on December 27, 2019
  9. ^ California, New Jersey, Rhode Island and New York
  10. ^ 29 USC §2611(2)
  11. ^ "Family and Medical Leave Deed Airline Flying Crew Technical Amendments".
  12. ^ 29 USC §2612(due east)
  13. ^ 29 USC §2612(eastward)(two)
  14. ^ "Family and Medical Leave for Federal Employees". U.S. Function of Personnel Management . Retrieved 2019-07-03 .
  15. ^ a b c d "Fact Sheet #28: The Family unit and Medical Leave Act" (PDF). U.Due south. Department of Labor. 2012. Retrieved 21 August 2019.
  16. ^ https://world wide web.dol.gov/sites/dolgov/files/WHD/legacy/files/2019_03_14_1A_FMLA.pdf
  17. ^ https://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/25/11-17608.pdf
  18. ^ 29 USC §2512(a)(2) and on adoption, see Kelley v Crosfield Catalysts 135 F2d 1202 (7th Circuit 1998) The same rules for federal employees were codification in v USC §§6381–6387.
  19. ^ "DoL Opinion".
  20. ^ "Family unit and Medical Leave Deed – Wage and Hour Division (WHD) – U.S. Section of Labor". Dol.gov. Archived from the original on 2011-04-04. Retrieved 2014-08-06 .
  21. ^ 29 USC §2612(a)(2)
  22. ^ 29 USC §2612(f) "the aggregate number of workweeks of go out to which both may be entitled may exist limited to 12 workweeks"
  23. ^ 29 USC §2614(c). If an employee quits, the employer is enabled to recoup costs.
  24. ^ "Armed services Family Leave Provisions of the FMLA - Wage and Hour Sectionalisation (WHD) - U.S. Department of Labor". www.dol.gov . Retrieved 2017-03-29 .
  25. ^ 535 United states 81 (2002)
  26. ^ 29 USC §2614(b). Under 29 USC §2612(b)(two) employers may transfer employees to another position with similar pay and benefits if wellness absences could exist intermittent. Nether §2618 special rules apply for employees of local educational agencies.
  27. ^ Vedder Price (January 26, 2011). "Struggling with Intermittent FMLA Leave". The National Law Review. Retrieved 2012-04-29 .
  28. ^ a b Congress. 1993. Family and Medical Exit Human activity of 1993. Washington, D.C. pH.R.1–8 quoted.
  29. ^ 29 USC §2617, and see Frizzell v Southwest Motor Freight, 154 F3d 641 (6th Circuit 1998)
  30. ^ 29 USC §2617(a)(1)(A)(iii)
  31. ^ See Moore v Payless Shoe Source (8th Circuit 1998)
  32. ^ 29 UsC. § 2611
  33. ^ Coutard v. Municipal Credit Union 2017 WL 526060 (2d Cir. Feb. 9, 2017)
  34. ^ "Comparative Chart of Paid Family unit and Medical Leave Laws in the United States". A Better Residual . Retrieved 2022-03-03 .
  35. ^ 26 Me. Rev. Stat. Ann. tit. 26 § *843 (3)(A)
  36. ^ 26 Me. Rev. Stat. Ann. tit. 26 § 843 (3)(C)
  37. ^ Family AND MEDICAL LEAVE Deed (FMLA) GUIDE (PDF). Country OF MARYLAND. August 2013. Retrieved 2014-08-06 .
  38. ^ "SENATE Beak 562" (PDF). February 5, 2009. Retrieved 2014-08-06 .
  39. ^ Minn. Stat. § 181.940 (Subd. 3)
  40. ^ Or. Rev. Stat. § 659A.153 (1)
  41. ^ "Oregon FMLA Laws". www.employmentlawhq.com . Retrieved 2017-02-21 .
  42. ^ R.I. Pub. Laws §28-48-ane(iii)(i)
  43. ^ R.I. Pub. Laws § 28-48-1(3)(3)
  44. ^ 23 VSA § 471(4)
  45. ^ 23 VSA § 471(iii)
  46. ^ RCW § 49.78.020(5)
  47. ^ RCW § 49.86.010 (6)(a)
  48. ^ RCW § fifty.50.080(1)
  49. ^ D.C. Code § 32-516(2)
  50. ^ "US Department of Labor clarifies FMLA definition of 'son and girl'". U.S. Department of Labor. 2010-06-22. Archived from the original on 2010-06-26. Retrieved 2010-07-14 . News Release Number: 10-0877-NAT
  51. ^ Forman, Shira (27 February 2015). "DOL Problems Concluding Rule Amending FMLA Definition of "Spouse" to Include Aforementioned-Sex activity Marriages". Sheppard Mullin Richter & Hampton LLP. Retrieved 28 Feb 2015.
  52. ^ Trotier, Geoffrey Southward. (24 February 2015). "FMLA "Spouse" Definition Now Includes Same-Sex Spouses and Common-Law Spouses". The National Law Review. von Briesen & Roper, s.c. Retrieved 28 February 2015.
  53. ^ Gozdecki, Jeanine M. (25 February 2015). "FMLA Concluding Dominion: "Spouse" Means Same-Sex Spouse (Even in Alabama)". The National Police force Review. Barnes & Thornburg LLP. Retrieved 28 Feb 2015.
  54. ^ Cal. Fam. Code § 297.5
  55. ^ Conn. Gen. Stat. § 46b-38nn
  56. ^ Conn. Gen. Stat. § 31-51kk (7)
  57. ^ Haw. Rev. Stat. § 398.1
  58. ^ Haw. Rev. Stat. § 398.3
  59. ^ 26 ME. Rev. Stat. Ann. § 843 (iv)(D)
  60. ^ LD 2132
  61. ^ "SENATE BILL 562" (PDF). February 5, 2009. Retrieved 2014-08-06 .
  62. ^ N.J. Stat. Ann. § 37:ane-31
  63. ^ Northward.J. Stat Ann. § 34-11B(3)(h)
  64. ^ HB 2007
  65. ^ OR. Rev. Stat. § 659A.150 (four)
  66. ^ R.I. Pub. Laws § 24-48-one(5)
  67. ^ 23 VSA § 1204(a)
  68. ^ 23 VSA § 471(iii)(B)
  69. ^ Wis. Stat. §103.10(ane)(f)
  70. ^ D.C. Code 32-501(A), (B), (C)
  71. ^ Conn. Gen. Stat. § 31-51ll (two)(E)
  72. ^ 26 ME. Rev. Stat. Ann. § 843 (four)(East)
  73. ^ 26 ME. Rev. Stat. Ann. § 843 (iv)(F)
  74. ^ OR. Rev. Stat. § 659A.159 (d)
  75. ^ Cal. Lab. Code § 230.eight
  76. ^ D.C. Code 32-1202
  77. ^ Mass. Gen. Laws. Ch. 149 § 52(D)(b)(one)
  78. ^ Minn. Stat. § 181.9412
  79. ^ R.I. Pub. Laws § 24-48-12
  80. ^ 23 VSA § 472a (a)(1)
  81. ^ Mass. Gen. Laws. Ch. 149 § 52(D)(b)(two)&(3)
  82. ^ 23 VSA § 472a (a)(2)
  83. ^ Colo. Rev. Stat. § 24-34-402.seven
  84. ^ FLA. STAT. § 741.313
  85. ^ Haw. Rev. Stat. § 378-72
  86. ^ 820 Ill. Comp. Stat. 180/1-180/45
  87. ^ Han, W.-J. and Waldfogel, J. 2003. "Parental Leave: The Impact of Recent Legislation on Parents' Exit-Taking." Demography. 40(ane):191–200. p191 quoted.
  88. ^ "Family and Medical Get out Act Regulations: A Report on the Department of Labor's Request for Information." 28 June 2007. Department of Labor, Employment Standards Assistants, Wage and Hour Sectionalization. Federal Register, Vol. 72, No. 124. [1]
  89. ^ Galinsky, Eastward., Bail, J., Sakai, K., Kim, S., Giuntoli, N. 2008. National study of employers. New York, NY: Families and Work Establish. [two]
  90. ^ Gregg, P.East., Washbrook et al. 2005. "The Furnishings of a Mother'southward Return to Work Decision on Child Development in the United kingdom of great britain and northern ireland." The Economic Journal. 115(501):F48-F80.
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  92. ^ Chatterji, P. and Markowitz, S. 2005. "Does the Length of Motherhood Go out Affect Mental Wellness." Southern Economic Journal. 72(ane):xvi–41.
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External links [edit]

  • Family and Medical Get out Act of 1993 29 U.Southward. Code Chapter 28
  • Department of Labor Family & Medical Leave information pages
  • Senate roll call vote
  • Firm roll call vote
  • Nevada Dept. of Human Resources v. Hibbs
  • Your Rights Under the Federal Family and Medical Leave Act (FMLA)
  • A Child'south Wish at IMDb – A made-for-Television film about the act in which President Clinton appears briefly every bit himself.
  • https://web.archive.org/web/20090703173531/http://paidsickdays.nationalpartnership.org/site/PageServer?pagename=ourwork_fmla_FamilyandMedicalLeave
  • http://www.nationalpartnership.org/site/DocServer/WF_PL_FactSheet_PaidFamilyLeave_2009.pdf?docID=4682&autologin=true

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Source: https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993

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