August 8, 2024
How Might the Family Medical Leave Act Have an Impact on Gender-Based Discrimination?
The Family and Medical Leave Act (FMLA) is a federal law that provides many employees in the United States with up to 12 weeks of job-protected, unpaid leave per year. It can be a major benefit for employees who have serious health conditions, are having a new child, or who need to care for an immediate family member. And while the FMLA affords employees certain protections, that does not mean that discrimination cannot still occur from an employer.
Need for FMLA leave can vary across all types of demographics, including age, parental or family status, and gender. With that in mind, it is important to discuss how exactly the FMLA might have an impact on gender-based discrimination and equity in the workplace – especially when we consider that according to a 2018 FMLA employee survey, that more women need and take leave when compared to men. This data reflects traditional gender stereotypes to a certain degree, which often place women into the role of caregiver for themselves and their families.
So, what impact has the FMLA had on gender-based discrimination?
What is the Family and Medical Leave Act in Minnesota?
As defined on the Minnesota government’s website, the FMLA is an act that allows “eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage.” The FMLA is meant to help balance both family needs and workplace demands and promote economic stability for employees with medical and/or family needs.
The FMLA provides job protection to eligible employees. If an employer is covered by the FMLA and grants qualified employees a leave of absence, the employer is required to return the employee to the same position they left or a position with similar duties and status. But that’s not all it does. The FMLA also mandates that all employees, regardless of gender, are able to take unpaid leave for medical or family reasons.
With its passing in 1993, the FMLA marked a historic change in the struggle for equity and fairness in the workplace. It served to help level the playing field by allowing both men and women to take time off for caregiving without fearing the loss of their job.
What are the Rules Around FMLA?
There are a number of rules and details around the FMLA that are taken into consideration when determining if someone is eligible for leave. As previously mentioned, eligible employees can take unpaid, job-protected leave if they work for a covered employer. 12 weeks of FMLA leave can be taken within a year for the following:
- Birth of a child
- To care for a spouse, child, or parent with a serious health condition
- A serious health condition for the employee that causes them to be unable to perform essential functions of their job
- Placement of an adopted or foster child
- Qualifying situations related to an employee’s spouse, child, or parent “being a covered military member on “covered active duty’”
Qualified employees who work for covered employers (employers with 50 or more employees within a 75 mile radius) can take up to 12 weeks of FMLA leave all at once or as needed.
Under the FMLA, employers are also prohibited from discriminating against an employee or a potential employee for trying to exercise their FMLA rights. This can include retaliation, such as firing or demoting someone, or denying FMLA leave based on a protected characteristic like gender.
You should consult with an FMLA discrimination lawyer in Minneapolis if you believe your FMLA leave was denied due to discrimination.
How Might the FMLA Have an Impact on Gender-Based Workplace Culture?
A number of federal laws provide protection against discrimination in the workplace. For example, sex-based discrimination which is unfavorable treatment towards an employee or applicant based on factors including their gender, pregnancy, or sexual orientation, is prohibited under the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC forbids this kind of discrimination across all aspects of employment, including hiring, pay, training, and any other terms of employment.
The FMLA’s protection for individuals based on gender can also have a potential impact on workplace culture in some ways. By allowing both women and men to take leave for family-related matters, the FMLA helps to further challenge traditional gender stereotypes that can often appear in the workplace—both in large and small ways . The U.S. Department of Labor noted in a 2024 blog post that many of the advocates and policymakers who pushed to create the FMLA and other laws that challenged workplace discrimination knew that gender equity in the workplace would really begin with more gender equity at home. Comprehensive leave, such as that provided and protected by the FMLA, was essential in helping to challenge workplace gender stereotypes.
Since the FMLA’s passing, workers of all genders have been able to benefit from the ability to take family and medical leave.
What About Gender-Based Discrimination?
While the FMLA has helped to lay a strong foundation for challenging gender stereotypes and providing gender equity in the workplace, there are still instances of gender-based discrimination. For example, The 19th News reported in April 2023 that mothers were facing rampant discrimination in the workplace when it came to seeking parental leave. If you find yourself in a situation where you believe you may be on the receiving end of gender-based discrimination related to the FMLA, be sure to consult with an FMLA discrimination lawyer in Minneapolis. The lawyers at Wanta Thome have represented employees in FMLA-related cases and would be happy to discuss your potential case. Contact us today to schedule a no-obligation confidential consultation.