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Article
Publication date: 1 July 2005

Lisa M. Cal and Brian H. Kleiner

On January 1, 2004 California became the first state to mandate Paid Family Leave for workers who take time off to care for a sick family member. This change is a sub set to the…

Abstract

On January 1, 2004 California became the first state to mandate Paid Family Leave for workers who take time off to care for a sick family member. This change is a sub set to the California Family Rights Act (CFRA). This act is based on the Family and Medical Leave Act (FMLA), which is a federal law. As a foundation to understanding the pending changes in California it is necessary to obtain an overview of the FMLA. Despite their best intentions, employers and human resource professionals find themselves unintentionally violating some portion of the FMLA due to complicated definitions and technical requirements. This article is written from the perspective of an employer in order to highlight dominant features of the FMLA and California’s Paid Family Leave. It is increasingly important for companies to adopt policies and procedures that will ensure compliance with all requirements going forward. Otherwise, the consequences could be costly.

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Equal Opportunities International, vol. 24 no. 5/6
Type: Research Article
ISSN: 0261-0159

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Article
Publication date: 1 January 1997

David Worker and Brian H. Kleiner

The Family and Medical Leave Act of 1993 was the first bill signed into law by President Clinton after taking office in 1993. The law, which took effect on August 5, 1993…

Abstract

The Family and Medical Leave Act of 1993 was the first bill signed into law by President Clinton after taking office in 1993. The law, which took effect on August 5, 1993, requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave to employees for childbirth, adoption, or family or personal illness. Employees are guaranteed their jobs or an equivalent position upon their return from leave. Prior to the FMLA's passage, the US was the last industrialised country in the world to require employers to provide family leave.

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Managerial Law, vol. 39 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 February 2002

Sheng Hengst and Brian H. Kleiner

Provides a brief overview of the Family and Medical Leave Act and discusses the implications for employees. Considers the problems experienced by employers as they attempt to…

519

Abstract

Provides a brief overview of the Family and Medical Leave Act and discusses the implications for employees. Considers the problems experienced by employers as they attempt to comply with the act and the reaction of organisations to the extension of this act in relation to unemployment benefit. Gives recommendations for employers to help with some of the administrative problems faced and concludes that the law was well intended but continues to cause confusion for the public and place burdens on the employer.

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Managerial Law, vol. 44 no. 1/2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 March 1999

Andrea Rembold and Brian H. Kleiner

Sets out the provisions of the US Family and Medical Leave Act, and summarizes the exceptions clause which defines which employees are excepted from these provisions. Explains how…

Abstract

Sets out the provisions of the US Family and Medical Leave Act, and summarizes the exceptions clause which defines which employees are excepted from these provisions. Explains how the Act works in practice and the duties it places on the employer. Gives examples from cases brought under the Act to illustrate how it is working in practice. Discusses how the Act might be expanded in the near future.

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Equal Opportunities International, vol. 18 no. 2/3/4
Type: Research Article
ISSN: 0261-0159

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Article
Publication date: 1 March 2003

Sandy Chough and Brian H. Kleiner

Concentrates on the “no‐fault” attendance policy and defines it as: employees to manage their absences; employers not to require reasons for absence in any form; and, based on…

555

Abstract

Concentrates on the “no‐fault” attendance policy and defines it as: employees to manage their absences; employers not to require reasons for absence in any form; and, based on either days or a related point system, employees to be terminated for work absence. Stresses workers sign up to this policy on entering employment. Gives examples of firms who have lost causes in violation of the Family and Medical Leave Act, and shows how, in a six‐point list, employers may avoid said violations.

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Management Research News, vol. 26 no. 2/3/4
Type: Research Article
ISSN: 0140-9174

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Article
Publication date: 1 May 1998

Brian H. Kleiner

Presents a special issue, enlisting the help of the author’s students and colleagues, focusing on age, sex, colour and disability discrimination in America. Breaks the evidence…

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Abstract

Presents a special issue, enlisting the help of the author’s students and colleagues, focusing on age, sex, colour and disability discrimination in America. Breaks the evidence down into manageable chunks, covering: age discrimination in the workplace; discrimination against African‐Americans; sex discrimination in the workplace; same sex sexual harassment; how to investigate and prove disability discrimination; sexual harassment in the military; when the main US job‐discrimination law applies to small companies; how to investigate and prove racial discrimination; developments concerning race discrimination in the workplace; developments concerning the Equal Pay Act; developments concerning discrimination against workers with HIV or AIDS; developments concerning discrimination based on refusal of family care leave; developments concerning discrimination against gay or lesbian employees; developments concerning discrimination based on colour; how to investigate and prove discrimination concerning based on colour; developments concerning the Equal Pay Act; using statistics in employment discrimination cases; race discrimination in the workplace; developments concerning gender discrimination in the workplace; discrimination in Japanese organizations in America; discrimination in the entertainment industry; discrimination in the utility industry; understanding and effectively managing national origin discrimination; how to investigate and prove hiring discrimination based on colour; and, finally, how to investigate sexual harassment in the workplace.

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Equal Opportunities International, vol. 17 no. 3/4/5
Type: Research Article
ISSN: 0261-0159

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Article
Publication date: 1 July 2005

Shivi Dixit and Brian H. Kleiner

The prevalence of pregnancy discrimination is highlighted by the fact that pregnancy discrimination charges are the fastest‐growing type of discrimination complaints filed with…

2177

Abstract

The prevalence of pregnancy discrimination is highlighted by the fact that pregnancy discrimination charges are the fastest‐growing type of discrimination complaints filed with the federal Equal Employment Opportunity Commission. Inspite of a strong legal framework for the protection of women from pregnancy discrimination, it is extremely difficult to prove the cases in our court system. The role of women has changed in our society in the last 50 years. Women are increasingly complaining about pregnancy discrimination despite the fact that they form almost half of the workforce in the United States. There is a need for educating businesses and society at large so that we respect and support a woman’s right to fair treatment during her pregnancy.

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Equal Opportunities International, vol. 24 no. 5/6
Type: Research Article
ISSN: 0261-0159

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Article
Publication date: 1 July 2000

Gina Martino and Brian H. Kleiner

Outlines the need for careful management of personnel files, particularly in relation to recent legislation including the Family Medical Leave Act and the Americans with…

1362

Abstract

Outlines the need for careful management of personnel files, particularly in relation to recent legislation including the Family Medical Leave Act and the Americans with Disabilities Act. Considers the potential liability issues and provides brief examples from industry: covers privacy, rights of inspection, integrated computer databases and the need for a policy. Lists essential elements within a good policy, regularly updated.

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Management Research News, vol. 23 no. 7/8
Type: Research Article
ISSN: 0140-9174

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Article
Publication date: 28 October 1994

Elaine Davis, Janell Kurtz and Wayne Wells

This article reviews the most important provisions of the Family and Medical Leave Act of 1993. Topics covered include: effective dates, employer coverage,employee coverage, leave…

Abstract

This article reviews the most important provisions of the Family and Medical Leave Act of 1993. Topics covered include: effective dates, employer coverage,employee coverage, leave requirements, posting and notice requirements, and damages for employer failure to comply. The article also discusses suggestions to employers on implementing their programs to comply withthe FMLA.

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American Journal of Business, vol. 9 no. 2
Type: Research Article
ISSN: 1935-5181

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Book part
Publication date: 1 June 2018

Krista M. Brumley

The purpose of this chapter is to analyse the interplay between fathers’ perceptions of the workplace and how they enact fatherhood. Data were derived from qualitative in-depth…

Abstract

The purpose of this chapter is to analyse the interplay between fathers’ perceptions of the workplace and how they enact fatherhood. Data were derived from qualitative in-depth interviews with seven elite, professional fathers employed at multinational manufacturing corporations in Detroit, Michigan. Fathers are highly educated, have a significant income and all but one have wives in the paid labour market. This study shows how the persistence of the ideal worker norm and penalties for using work-family policies (WFP) perpetuate the gendered division of paid and unpaid work. First, fathers who are ideal workers are rewarded; fathers who do not face criticism and obstacles to promotions. Second, management and supervisor’s discretion results in uneven access to WFP, penalizing fathers for asking and preventing most from using them. Third, fathers express desire to be ‘involved’, but their engagement is largely visible fatherhood.

This study extends our theoretical understandings of work, WFP and fatherhood from a distinct departure point – the elite fathers highlighted here have been parenting for at least three years, and live and work in circumstances that seemingly would allow them to disrupt normative expectations of work and family. The United States provides a unique backdrop to examine the navigation of competing work and family demands because reconciliation is largely left to employees and their families. Public and individual company policies are not enough; there must be a corresponding supportive family-friendly culture – supervisor support and penalty-free WFP – to disrupt gendered work and family.

Details

Fathers, Childcare and Work: Cultures, Practices and Policies
Type: Book
ISBN: 978-1-78743-042-6

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