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Maternity leave policies in australia
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Color of Justice
If I could make any law, what would it be and why?
When a law is passed, it can have a large effect on the citizens of that area. It has been said that the first year of a child’s life is the basic foundation of their entire life. In order to make that first year successful, money, time and of course love are critical. However because the current policies that exist in America, mothers are denied an easy balance between work, money, and time for their children. The current policies regarding maternity leave are extremely outdated and need to be reformed to accommodate mothers in this day and age. If I could create a law in America, it would be a law upgrading the Family and Medical Leave Act, requiring all employers to give their employees 16 weeks of paid maternity leave.
The current policy on maternity leave is that both men and women are entitled to 12 weeks of unpaid leave for the birth of a child, adoption a child, or the serious health condition of a child, spouse, or parent, and their own serious health condition. This was enacted by the Family and Medical Leave Act, passed in 1993. The intention of this act when it was being passed was to “balance the demands of the workplace with the needs of families, promote economic security and preserve family integrity”. Congress wanted to have workers that are both well committed in their work force and in their homes.
Half of the U.S work force is eligible for the FMLA, and a Columbia graduate estimated that 20% of new mothers are eligible for the 12 weeks of unpaid leave. However, 33% of the workforce in America has absolutely no paid leave. Only 11% of workers in the private sector and 17% of workers in the public sector have paid paternal leave...
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Women should be given paid maternity leave in America, Only three other countries in the world do not provide paid leave: Liberia, Sierra Leone, Papua New Guinea. Countries with paid leave have increased breastfeeding rates, child health outcomes, greater paternal involvement to a child’s life, and lower child poverty rates. Saudi Arabia has paid leave when women aren’t even allowed to drive. In Afghanistan, some women risk death to get an education, but they are provided 13 weeks of paid leave.
Paid Maternity leave in America is crucial to mothers. The current policy of 12 weeks of unpaid leave is not adequate enough for mothers. If I could make a new law, it would be to require at least 16 weeks of paid leave for mothers and fathers. From this law, families would actually be able to balance work, children, financial and house responsibilities.
A parent is allowed leave for the birth of a child and care of a newborn. The entitlement to FMLA/DPL leave expires twelve months after the birth of the child. Intermittent/reduced schedule leave may not be taken for the birth of a child unless approved by the department head.
...ly restrictive maternity leave regulations can constitute a heavy burden on the exercise of these protected freedoms. Because public school maternity leave rules directly affect "one of the basic civil rights of man," Skinner v. Oklahoma, supra, at 541, the Due Process Clause of the Fourteenth Amendment requires that such rules must not needlessly, arbitrarily, or capriciously impinge upon this vital area of a teacher's constitutional liberty.” (Legal Information Institute, 2014) Arbitrarily, the Cleveland BOE perceives that after 5 months, the teacher will not be capable of instructing the class due to the excessive physical demands that will toll on them.
In response to the increasing need for employees to balance the demands of the workplace with the needs of families, Congress passed the Family and Medical Leave Act. Without a policy like FMLA in place, many employees often would have had to choose between “the job they need and the family they love” (Hayes). The Family and Medical Leave Act of 1993 is the first national law created to help Americans balance the demands of the workplace with the needs of the family. It successfully helps bridge the gap between family and work and secures the right for both men and women to get unpaid leave and assistance when dealing with family related circumstances.
If you and your significant other had a child, would you want to be there to not only support your partner, but to see your child’s first milestones in real life? Of course you would! The problem is most parents miss crucial parts of their child’s life because of the lack of paid maternity and paternity leave in the United States. New families, across the nation, should be allowed a minimum six months of paid maternity leave.
Overall the Family and Medical Leave Act has raised many issues on whether leave should be encourage and/or paid for by the employers. As of today, no haven policy has been enacted to tackle the challenges surrounding this issue, but positive steps have been taken and one day there will be no question that hard working employees will get the rights they
The Family Medical Leave Act of 1993 (FMLA) was established to provide employees with ability to take a leave from work for personal or family health issues. The Act lays out specific circumstance in which an employee may take up to 12 weeks of unpaid leave within a 12 month period. Under the law, employees may request a leave for personal health issues, to care for a child, spouse or parent with serious health issues, birth or care of a child during the first year or for newly placed adoptions within one year. Employees are covered under FMLA if the employer has 50 or more employees and the employee has worked for the employer for at least 12 months. The employee must submit a written request for FMLA and provide documentation supporting their request. Once approved, the employee may take up to 12 weeks of unpaid leave. Upon return the employee is guaranteed a job, if the employer had to fill their position out of business necessity, the employer must provide the employee with a position with equal responsibility and pay.
Kaufman, Lyonette, and Crompton (2010) explain that in Britain, family leave is short and offers low income replacement; while in the United States, family leave applies to some fathers and is unpaid (p. 322). After researching, Kaufman, Lyonette, and Crompton (2010) find “British fathers benefit from a policy that provided one week paid leave in the recent past and currently offers two weeks (partially) paid leave. American fathers know less about family leave policy, and even for those who are aware of FMLA, they are aware that it is unpaid” (p. 336). Research also showed that British fathers took one week of paid leave. American fathers had to deal with unpaid leave and used vacation days to take time
The Family and Medical Leave Act of 1993 (FMLA) provides certain employees with up to 12 weeks of unpaid leave and job protection for childbirth, adoption or foster care; to care for a seriously ill child, spouse, or parent; or for an employee’s own serious illness (Cañas & Sondak, 2011). It also requires that their group health benefits remain intact during the unpaid leave of absence. The employee must have worked for the employer for at least a year and must have earned 1,250 hours of service during the previous 12 months ((Cañas & Sondak, 2011, pg. 70).
The FMLA was passed to help families in the time of a crisis so that the individuals would not have to choose between work and personal responsibilities. The eligible employees are permitted to take unpaid, job-protected leave for specified family and medical reasons. The leave can last up to twelve workweeks in any twelve-month period. Reasons for leave include: pregnancy, prenatal complications, adoption/ fostering of a child, hospitalization, care of an immediate family member, or a health condition that makes the employee unable to do his or her job (Solis). This law applies to any employer “engaging in commerce” ...
The Family Medical Leave Act (FMLA) was eight long years in the making. After many bitter debates between the Republicans and Democrats, Congress passed the Act on February 4, 1993. President Clinton signed the measure into law the following day. The Act became effective on August 5, 1993. The Act required employers with fifty or more employees within a seventy-five mile radius to offer eligible employees up to twelve weeks of unpaid leave during a twelve month period for a variety of medical reasons. Some of the general medical reasons are, for the birth or adoption, to care for a seriously ill parent, spouse or child or to undergo medical treatment for their own illness. The Act spelled out provisions on employer coverage; employee eligibility for the law's benefits; entitlement to leave, maintenance of health benefits during leave, and job restoration after leave; notice and certification of the need for FMLA leave; and protection for employees who request or take FMLA leave. (1) The law also requires employers to keep certain records. It was estimated that the Act would affect five percent of America's employers and forty percent of all employees. This paper will show the ethical standpoint on how employers handle FMLA. In addition, this paper will show the progress FMLA has made in five years, becoming more ethically correct.
Figure 1, shows the top countries in the world for maternity leave, with all offering over 50 weeks, and Serbia and Denmark at 100% of salary. In other countries both the amount of time and percentage of salary differs, but as Amanda Peterson Beadle points out in her article for the ThinkProgress website, ‘Out of 178 nations, the U.S. is one of three that does not offer paid maternity leave benefits, let alone paid leave for fathers’. (6)
The United States is one of three industrialized countries that do not have policies put in place that mandate companies to provide paid parental leave. In 1993, U.S President, Bill Clinton, enacted the family and medical leave act (FMLA) which allows for employees to take unpaid, job-protected leave for up to twelve weeks for medical reasons if their employer has more than fifty employees employed at the company. Later on in January of 2015, President Barack Obama signed an executive order that entitles federal employees for up to six weeks of paid sick days to take care of a newborn child or an adopted child. Currently there are only three states in the United States with paid parental leave policies which are California, New Jersey and Rhode Island. As of right now, only those employers who
America is the one and only developed country that does not offer any paid maternity leave. Maternity leave is a period of absence from work granted to a mother before and after the birth of her child. In America this means twelve weeks of unpaid absence that guarantees her job when she returns. We are so far behind everyone that out of all of the countries around the world seven out of 196 including America do not have mandatory paid maternity leave. (Colorado public radio news) That is a sad figure, to think that we place having a family so high but don’t give the mothers the protection and security they deserve.
Bringing a new baby into the world is one life changing experience. The lives of both the mother and the father are changed tremendously as they begin to learn to raise a child by trial and error. Maternity leave for mothers of newborns is never disagreeable; when it comes to paternity leave, however, it becomes one of the most controversial topics of the workforce. Reasons for maternity leaves and paternity leaves are both justifiable. Men should have the opportunity to take paternity leave from their jobs so that they can be a helping hand to the mother, have a chance to bond with their newborn child, and help bridge the gap in gender equality in the workplace without the stigma and criticism. After the birth of the child, women can become emotionally and physically fatigued, so men take an important role as care giver and supporter, especially in the first few weeks. If a father has an opportunity to stay home for the first couple of weeks, to care for both the mother and his new child, it will make a big impact for the family.
It is time we stop treating child care as a side issue or a women’s issue, and treat it like the priority that it is. Paternity leave is good for women's careers. “When childcare responsibilities fall exclusively on the mother, the effect is to reduce women’s wages. Time out of the labor force deprives women of experience and promotions. When men shoulder more of the childcare burden, the effect is lessened (“The Benefits of Paternity Leave”).” Paid family leave has become an important way to signal to employees that the company is invested in them. People feel their company is committed to them in the long term. Overall, paid family leave helps keep people in the workforce after they have children. “When more workers are able to take leave, they are more likely to choose to remain in the labor market. Paid parental leave is associated with higher employment in economies around the world (Covert)”.