The target of this paper is to conduct an exploration comparing and contrasting the family/medical leave policies within the United States (U.S.) and Vietnam. Currently, our nation is experiencing longer work days than the majority of European countries (though less than Asian countries) (Top Universities). Additionally, the fundamental need of our nation’s workforce as it relates to work/life balance is a significant issue affecting all Americans amid considering the shift in the gender composition of the labor force late in the twentieth century. Consequently, the challenge of providing fair and equitable support of women as well as single parents in the workforce is steadily becoming a paramount concern for the masses. Moreover, the …show more content…
family/medical leave policies exist at both the federal and state levels. For the purpose of this exploration, the emphasis is on the federal leave programs formally known as the Pregnancy Discrimination Act (PDA) of 1979, the Americans with Disabilities Act (ADA) of 1990 and the Family and Medical Leave Act (FMLA) of 1993. At a high level, the PDA mandates that a pregnant female employee may not be discriminated against due to her pregnant condition and her employment may not be terminated due to pregnancy, hence job protection must be in place. Similary, the ADA also forbids discrimination against disabled people in employment, transportation, public accommodation, communications, and governmental activities (U.S. Department of Labor DOL). Additionally, the FMLA mandates that employers of fifty or more employees must secure their employees’ postion, or equivalent position, for up to twelve weeks a year while their employee is out on FMLA leave. Furthermore, employers must continue paying their employees’ health insurance premiums during the employee’s period of leave. Family and medical leave covers care for a newborn or newly adopted child, caring for a child, spouse, or parent who has a serious health condition, or employee’s recovering from their own serious health condition. Employees are eligible for FMLA if they have worked for their employer for a year, and for 1,250 hours during the immediately preceding year (Lenhoff and Bell 2). Comparatively, it is necessary to acknowledge that some (but not all) employees have access to leave programs through union contracts, employer policies, or state legislation regarding leave policy, including but not limited to, sick leave, parental leave, and personal leave. The FMLA is an unpaid leave, though in states which offer Temporary Disability Insurance (TDI) programs, the employee may file for state disability if
Currently, there are some companies that have started giving parental leave for dads. Before this practice, the parent who commonly received paid leave was the pregnant mother and she had to work 40 hours a week for more than a year. It is important for everyone to get assistance when they need it, especially a mother who has given birth. Sometimes a father will be fired from his job because his company does not offer any parental leave. A mother who is working less than 30 hours is now able to get parental leave with full benefits. In addition to mothers and fathers, foster parents and parents who adopt are also receiving the benefits of parental leave.
The Family Medical Leave Act (FMLA) was enacted to offer relief and protection to those workers
The Urban Institute published a case study that promotes the creation of national paid family leave policy in the United States. In the study, it is shown that this issue has been debated countless times in the past. George H.W. Bush even vetoed an unpaid family leave act during his presidency. This displays the struggles of enacting policy relating to this issue. The lack of a national paid family leave program in the US has left working mothers with three options: “return to work immediately after childbirth, quit employment, or take unpaid leave” (Urban Institute, 2017, p.3). The issue with these options include, loss of pay, unemployment, or the lack of parental presence in a child’s early development. Moreover, although some private companies offer paid leave, less educated and lower income mother have little access to this paid leave, which exacerbates their financial instability, keeping them in a lower societal class. This study found that not only is the current system is inadequate, but it is also inequitable, which causes financial hardships across the nation. According to the study, there has even been a 32% decrease in income after childbirth. Although this is the current situation, some states have enacted a statewide paid family leave program, which displays
The birth of a baby is a very important time in the lives two of parents. During this time all parents should be allowed special bonding time with their babies. Nearly 20 years after the passage of the Family and Medical Leave Act (FMLA), it is time to take stock of U.S. policy on parental leave, particularly as it affects infant care and child development (Time off with Baby). The problem with this Leave is that it is unpaid and sometimes parents can’t afford to not work and take care of their family.
Family leave policies around the world allow employees to take time off from work in order to be able to take care of family members. Some countries separate maternity and paternity leave from programs that offer leave to take care of sick family members. In most countries, leave policies include some sort of wage replacement, weather it being some amount being paid, to a full year of paid maternity leave.
A mere 12 weeks is the amount of unpaid maternity leave promised to working mothers under the Family Medical Leave Act (FMLA) in America. Although many mothers-to-be gladly take the dozen weeks off, American families are at a disadvantage compared to other families around the globe. The United States is the only industrialized nation in the world that does not guarantee or even offer paid maternity leave for working mothers; employers decide whether to provide paid leave for mothers. In the last few decades, more women have traded their aprons for briefcases. However, working women in the United States must choose to raise families while keeping their jobs. Currently, women in the United States must choose between their kids or their career. Mothers who decide to have families must stay at home with a new baby with no guarantee of a paycheck. New mothers should be guaranteed six months of fully paid maternity leave in the United States because they need to restore their health, paid leave helps the economy, and it promotes better health of the baby.
Family dynamics have long changed since the 1950s and more and more Americans, new mothers in particular, are experiencing increased difficulties balancing work and family life. As you can imagine, motherhood is physically and mentally exhausting yet in the United States, new mothers are being deprived access to paid maternal leave, an incredibly sad reality. In the U.S. alone, 19 million women are the sole income earners of families with children. Around the world, countries have responded to the rise of women in the workforce by implementing job protected leave policies such as paid maternal leave to support mothers who must manage their jobs and pregnancy simultaneously. Infant care requires new mothers to take time off from work and paid
Under the California Fair Employment and Housing Act (FEHA), if you are disabled by pregnancy, childbirth or related medical conditions, you are eligible to take a pregnancy disability leave (PDL), which is an unpaid leave. If you are affected by pregnancy or a related medical condition, you are also eligible for reasonable accommodation (such as more frequent breaks) and/or to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if medically advisable because of your pregnancy. A pregnant employee has these rights, regardless of length of employment or hours worked (but leave is prorated for a part-time employee based on your status as compared to a full-time employee).
After reading your post on FMLA, I believe that employers should be given more support when the leave work due to childbirth, adoption, or serious condition. They workers should be proved pay or at least half of their salary. In addition, as you stated many works lose their jobs due to taking a leave of absence.
The Family and Medical Leave Act allows employees to have the stability between their family and work. The Family and Medical Leave Act enables the employee to have some reasonable unpaid 12 weeks off from work. FMLA applies to any public agencies and other employers that have 50 or more employees. Of course, there are some requirements to be eligible for the FMLA. According to Suriyasak and Kleiner the requirements are; first, “employees have worked that employer for at least 12 months;’ Second, ‘employees have worked at least 1,250 hours during the 12 months before starting the family and medical leave;’ Lastly, ‘The employers must have at least within 75 miles of the location where employees who want leave work.”
The family medical leave act has made advancements over the last few decades towards leave becoming equalized between mothers and fathers alike. Their most recent Act of 1993 requires companies with more than fifty employees to provide twelve weeks of unpaid leave for new parents. However, many fathers are still strongly discouraged in taking such leave for various reasons to include financial strain. According to an article by O’Brien (2007), Fathers have to use the Family Medical Leave Act to take off work for the birth of a child of theirs in the United States of America, unless they choose to take vacation time to be there during the birth of their child. Legislation still fails to support working fathers
The following is an exploration of how the United States family/leave policies compare and contrast to the leave policies of Vietnam. Currently, our nation is experiencing longer work days than most European countries (though less than most Asian countries) (Top Universities). In addition, addressing the fundamental need of our nation’s workforce as it relates to work/life balance is an important issue for all Americans amid considering the shift in the gender composition of the labor force late in the twentieth century. Consequently, the challenge of providing fair and equitable support of women as well as single parents in the workforce is steadily becoming a prominent concern for the masses. Moreover, the established predominance of
California, New Jersey, and Rhode Island are the only three states in the United States that guarantees at least four weeks of family leave at partial income. Since most states don’t guarantee this commodity, public programs have started popping up to help pay workers whose employers don’t offer paid family leave. Denver; Franklin, Ohio; Madison, Wis.; Hawaii; Indiana; and Pennsylvania have been granted $1.1 million by the U.S. Department of Labor to research the expenses of starting their own paid family leave programs. Family leave is a controversial issue that the U.S. is far behind the world in. At the moment, the U.S. grants all new parents 12 weeks off and Democrats believe that all workers should be paid during those 12 weeks. Republicans
When establishing a family leave policy, it is important not only think about women, but men as well to make it more inclusive. Assumptions on Private Urban University campus about women as the primary caregivers of children and elderly parents can make it difficult to implement a more inclusive family policy (Manning, 2013). At Private Urban University, the Committee on Women’s Success, were the main people that wanted to implement a family leave policy. When creating family leave policy, people need to understand that men can be caregivers of children and elderly parents as well. In 2014, there were two million united states fathers that stayed at home (Melamed, 2014). Another thing that people should understand is that the numbers of same-sex
This Act allows both parents to take up to 12 weeks of unpaid leave within a 12month period. FMLA covers more than birth. It covers the care of illness for the employee themselves, as well as immediate family members requiring care. Parents bonding with a new child or those they have adopted or fostered. Those who take care of military family members who have a serious illness or injury in the line of duty and those serving National Guard or Reserves with qualifying exigencies, such as short-notice deployment or Military events. FMLA protection requires employers to: 1. Reinstate employee with same job or virtually identical equivalent one. 2. Continue group healthcare coverage while out. 3. Cannot take away privileges, responsibility, status or accrued time, such as vacation days. 4. Employer cannot discriminate against employee while on leave. Employees are still entitled to promotions and pay increases. All employees who work for a company that has more than 50 workers and have worked a full year totaling 1250 hours are eligible for FMLA. This Act requires at least a 30 -day notice for foreseeable leave and asap for unforeseeable leave. How long an employee plans to be out and when you plan to return? That worker provides proof of return, usually a doctor’s notice. Employees must continue to pay group health