To understand how this legislation came about it is important to understand the historical context in which a need evolved into an identifiable issue which in turn set up the foundation for the FMLA. Towards the latter part of the 20th century, the gender composition in the labor force began to shift; there was an increase of women and single parents in the work force which generated a national debate on work/life balance. As the percentage of women in the workforce increased, so did the need for flexibility for those responsible in dual roles of being both a family provider and a family care giver. “The ability to balance work and family or, alternatively, be forced to choose between work and family was largely perceived as a “women’s issue”.
…show more content…
The Pregnancy Discrimination Act of 1979 required that employers offered temporary disability programs which covered pregnancy as it would cover any other disability. However, this didn’t address all of the concerns women may have when deciding whether or not to take leave. “Will their job still be available after they take leave? Will the leave be paid? How long can they afford to stay home if the leave is unpaid? Would returning to work pose a health risk to herself and her newborn? The questions posed can be resolved by examining how a woman balances three sets of factors that will impact her decision: employment concerns, concerns over her own health and that of her child, and economic concerns (Queneau, Hervé and Marmo).” Then came the passage of the Americans with Disabilities Act of 1990, which prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities – this was also an important advancement for Americans in the workforce (U.S. Department of Labor [DOL ]). It is imporatant to note that some (but not all) employees had access to leave programs through union contracts, employer policies, or state legislation regarding leave policy, however, the coverage provided under these stipulations was rarely as inclusive as the provisions provided under the FMLA. Most employees were not provided any options for family or medical leave coverage prior to the implementation of the FMLA, nor was there any mandate at a federal level to enforce such provisions (Westat
The Pregnancy Discrimination Act of 1979 required that employers offered temporary disability programs which covered pregnancy as it would cover any other disability. However, this didn’t address all of the concerns women may have when deciding whether or not to take leave. “Will their job still be available after they take leave? Will the leave be paid? How long can they afford to stay home if the leave is unpaid? Would returning to work pose a health risk to herself and her newborn? The questions posed can be resolved by examining how a woman balances three sets of factors that will impact her decision: employment concerns, concerns over her own health and that of her child, and economic concerns (Queneau, Hervé and Marmo).” Then came the passage of the Americans with Disabilities Act of 1990, which prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities – this was also an important advancement for Americans in the workforce (U.S. Department of Labor [DOL ]). It is imporatant to note that some (but not all) employees had access to leave programs through union contracts, employer policies, or state legislation regarding leave policy, however, the coverage provided under these stipulations was rarely as inclusive as the provisions provided under the FMLA. Most employees were not provided any options for family or medical leave coverage prior to the implementation of the FMLA, nor was there any mandate at a federal level to enforce such provisions (Westat