UNIVERSITY OF NORTH TEXAS
Family Medical Leave Act: Undertones
of Female Discrimination
Karrie Kreamer
MGMT 5350 – Dr. Johnson
12/1/2014
This document focuses on the potential pitfalls of the Family Medical Leave Act (FMLA) and how they
can be viewed as discriminatory towards specific sexes, races, and classes. In this document I focus
specifically on the undertones of discrimination towards women in the FMLA. The document will
provide overviews of how discrimination can be seen towards women in the work place and how it
can affect them in their positions in the home. I do this by reviewing studies that have seen results
indicating that women – especially mothers – have the least benefited by a great deal. The results
show there is a need for FMLA reform so that a woman’s position as a wife, mother, soon-to-be
mother, or care giver is fully recognized and incorporated in the work place.
Contents
Introduction .................................................................................................................................................. 3
Background ................................................................................................................................................... 3
Women’s Position in the Work Place............................................................................................................ 4
Women’s Position in the Household ............................................................................................................ 7
Conclusion ..................................................................................................................................................... 9
Works Cited ................................................................................................................................................. 10
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Introduction
In January of 1978, first time mother Kathy Kreamer took leave from her position as a
pediatric nurse. Six weeks later, she returned to work and found herself floating place to place in
an Illinois’ hospital, taking on positions that she had no prior experience in performing. “If I had
taken 12 weeks off for leave back then, I wouldn’t have had a job to come back to. Even after 6
weeks, I didn’t know what I would come back to, if anything” Kathy states. Only months after
the return of her maternity leave and bouncing from position to position was she able to walk
back into her previous job as a pediatric nurse. But not until eleven years after the birth of her
first child would the Family Medical Leave Act (FMLA) be passed by the Clinton
administration. Clinton was presented with a need for regulations to be put in place as a safety
net as more white, middle-class women entered the work place. Although women who grew up
in the same generation as Kathy may see the FMLA as a benefit, the limitations of the FMLA
have proven to be more discriminatory towards women than helpful in some cases. Instead of
addressing the need for a promising return to the work place, especially for new mothers and less
affluent women, the FMLA has hindered the prospect for women who seek to be mothers and
care givers to their family.
Background
The Family Medical Leave Act was passed in 1993 by the Clinton administration. The
purpose of the act was to help aid women, which are seen as the primary care givers in a family
(immediate or extended), care for their families without the threat of job loss.
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The FMLA allows a covered employee to take leave to care for her- or himself,
children, spouse, or parents for a serious medical illness, or the birth or adoption
of a baby. The terms that were finally signed into law provide various
requirements for an employee to be covered under the Act. To be able to take
FMLA leave, an employee must have worked for the employer for at least one
year and for a total of at least 1,250 hours within the last year. The leave-taker
must be working for a company that employs at least fifty people within a seventyfive-mile radius, and the length of leave is limited to twelve weeks within a year.
The leave is unpaid, and when taken due to illness, is only available for serious
illness, which is defined as requiring more than three consecutive days’ treatment,
and must involve more than one medical treatment via doctor or hospital. Thus,
illnesses such as cold, flu, upset stomach, headaches, earaches, and dental
problems are not covered. In addition, thirty days’ advance notice is required, or
else the employer can delay the leave for thirty days from the date the notice is
provided. If all of these qualifying conditions are met, the employee has the right
to twelve weeks of unpaid leave, and to return to his or her job in the same position
(or its equivalent) from which he or she left. 1
Several studies have been done to observe the FMLA – primarily to focus on who takes medical
leave and why they take medical leave. Many results reflect women as the ones who have
benefited the most from the act; however, there are still many limitations that hinder women and
even present a level of discrimination towards the female sex. Two factors that make women a
larger target for discrimination through this act is the positions women hold in the work place
(part-time) and positions women hold in their household (single mothers, care-givers, or soon-tobe mothers).
Women’s Position in the Work Place
Women’s positions have been highly regulated since the entrance of the female sex in the
work place. “While historically there existed rampant discrimination against women in private
employment, such discrimination was often also a function of state-sponsored gender
discrimination in the legal realm” (Anthony, 2008, p. 462). Deborah J. Anthony addresses the
1
29 U.S.C. § 2614(a)(1) (2006)
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harms that face specific genders, race, and class from the FMLA in her document The Hidden
Harms of the Family and Medical Leave Act: Gender-Neutral Versus Gender-Equal.
One key factor she points out is the subtle discrimination that occurs due to the limitations in the
FMLA – “The problems resulting from the FMLA’s limitations are numerous and provide
significant barriers to access for some groups, especially women…” (Anthony, 2008, p. 474).
The limitations such as work hours that must be accumulated and the length of employment with
a singular employee hinder the opportunity for women to take medical leave. The FMLA states
that an employee must be with an employer for 12 months prior to asking for medical leave, as
well as worked a total of 1,250 hours within that prior year. When considering the amount of
hours that must be worked in order to request leave, only 46% of covered workers are eligible
(Anthony, 2008, p. 475). And because women are more likely to have lower-paying, part-time
jobs than men, women make up a small percentage of that 46% that receive FMLA covered
medical leave.
According to Frincke’s (2007) research, the number of people covered by the FMLA is
declining, “In 2007, less than one-half of HR professionals (44%) indicated that their
organizations offered job-protected leave beyond federal FMLA provisions, compared with 59%
of respondents in 2003” (p. 8). Anthony (2008) states, “The law has serious limitations, and
those limitations may disproportionately affect women, especially middle- and low-income
women” (p. 461). As the primary care takers of families, and as the sole sex who can give birth,
this makes it difficult for women who absolutely need to take leave to do so in a way that will
not hinder or severely hurt their livelihood.
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Even with the prospect of receiving leave, only 9% of companies provide paid leave that is
separate from substitution requirement or leave that is part of a paid time off plan (sick days,
vacation, etc.) (Frincke, 2007, p. 10). Only 55% of people who take leaves receive pay upon a
paid time off plan, 37% may receive unpaid leave, and 8% do not cover medical leave at all
(Frincke, 2007, p. 11). These low and rapidly declining percentages tell a story that is
detrimental to women in the work place. These regulations are reflecting an undertone of sex
discrimination that is potentially pushing women out of the work force due to their familial
obligations not fully being recognized. Women are feeling the pressure to walk away from jobs
or set aside family obligations because they cannot afford to take unpaid leave and the potential
situation they may walk back into when returning to work.
For example, in the case of Laurie Ann Freeman, after giving birth to two daughters and taking
medical leave, she walked back into a negative workplace who quickly denied her tenure despite
her overwhelming positive feedback, a published book, astounding achievements and two
prestigious fellowships. Her colleagues’ attitudes negatively shifted towards her after her return.
Although she was ultimately granted her tenure after the chancellor overturned the ruling,
“Freeman was not satisfied” (Reuter, 2005, p. 102). In response, Freeman filed charges with the
Equal Employment Opportunity Commission (EEOC), “alleging that her decisions to have
children and to use the university’s family-friendly policy were the real reasons for her tenure
denial” (Reuter, 2005, p. 102).
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Women’s Position in the Household
There are many women like Kathy Kreamer and Laurie Ann Freeman who have felt the
negative effects of using their medical leave to fulfill their needed positions at home. Reuter
(2005) explains, “sex-plus discrimination, however, is not limited to academia. Freeman’s story
highlights the discrimination that women face in the workplace, even at so-called family-friendly
institutions” (p. 102); because despite legislation like the FMLA and other legislation that tries
and promote equality for women and mothers in the workplace, “discrimination persists.”
(p. 102) According to Frincke’s (2007) research, maternity, birth and adoption of a child rank
second (73%) in the top three reasons for medical leave and the third reason is for the care of a
parent with a serious health condition (72%) (p. 14). Reuter (2005) claims that, “many women
are left unprotected from discrimination in the work place based on their status as mothers,
childcare providers, and producers of breast milk” (p. 103). Because women are the primary
care-givers to immediate and extended family as well as the sole sex for giving birth, they are
beginning to feel a push to leave the work place, a place they have fought so fervently to fill for
several years.
Scholars such as Deborah Anthony (2008) believe that a feminist theoretical approach should be
taken in order to “incorporate women fully into working society so that they may have truly
meaningful lives as mothers and care givers without being forced to sacrifice their status and
position in public life” (p. 461). Women should be able to provide for their family financially,
socially, emotionally, psychologically, and physically – if they so choose. Legislation like the
FMLA should not set limitations that are unrealistic for women who are single mothers, less
affluent, or pregnant.
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Not only do women as wives and mothers fall victim to limitations of legislation like the FMLA,
but they also see discrimination in the work place and society. This could inadvertently affect
their choice to take medical leave or how they are treated post-medical leave. Reuter’s (2005)
study shows almost three quarters of women in the workforce are mothers, many with young
children (p. 104). This is not a small majority of women who are being affected by the pitfalls of
the FMLA, but a large number of women who are being pushed to make heavy decisions about
their family and their livelihood.
Unfortunately, women are viewed as only having the chief position of wives and mothers.
However, as of 2013, there are 12 million single-parent families, 83% of which are singlemothers. This requires women to work to provide, especially with only 22.4% receiving
unemployment benefits and over a fifth of single mothers have been without work for over a
year. This makes the need for the FMLA reform even more important, because now the issue is
bigger than the discrimination of women, but the livelihood of children and their well being.
When women are set with such limitations, it hurts their ability to provide for their loved ones.
Reuter (2005) also addresses the idea of “momism” (p. 106). Momism states that, in order to
succeed at motherhood a mother must dedicate her entire life to taking care of her children,
placing the bar for mothers so high that it cannot be reached. Based on single-mom statistics
alone, this is not plausible. However, it still affects the way a working single-mom is perceived
in the work place. While trying to achieve this idea of “momism,” women are being perceived as
incompetent because of their need for a flexible schedule (Reuter, 2005, p. 106). “Underneath
this continued pattern of discrimination lie enduring stereotypes about pregnant women and
mothers.” Reuter’s (2005) research shows that women who are pregnant are viewed as less
competent in the workplace along with those who need more flexible schedules. Therefore, the
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contradiction and discrimination lies within the social standard that women are expected to be
mothers but are not allowed leniency in the work place.
Conclusion
Based on scholarly research, women have struggled the most with utilizing family leave,
even after the passing of the FMLA. The FMLA has several pitfalls, but some that are more
detrimental than others. For instance, there are undertones of sex, race, and class discrimination.
More specifically, I have focused on the discrimination of women in the work place and how it
affects their positions in the household. Anthony (2008) states, “Women attained the right to vote
in 1920 and then realized that true equality still eluded them” (p. 460). As the woman became
more prominent in the work place, a need for a regulated medical leave became more prominent.
However, those regulations still set up limitations (unreasonable prerequisites to request medical
leave) that can be detrimental to how a woman operates and is able to provide for her and her
family. The multi-positions that a woman is socially viewed to fulfill (mother, wife and primary
care giver) is not being fully recognized in terms of the work place. And until those positions can
be acknowledged and understood by employers and unions, women will continue to work
towards changing laws and policies that “serve to oppress their gender” (Anthony, 2008, p. 460).
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Works Cited
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Versus Gender- Equal. Journal of Gender , Social Policy & the Law, 16(4), 459-501.
Bernstein, A. (Feb. 1, 1999). Why the law should adopt more family leave. Business Week, No.
3614, 42-44.
Bravo, E. (Feb. 15, 2012). FMLA 19 Years Later: Big Impact, Big Challenges. Retrieved
December 1, 2014, from http://www.womensmediacenter.com/blog/entry/fmla-19-yearslater-big-impact-big-challenges1
Family Medical Leave Act. (June, 1993). Retrieved December 1, 2014, from
http://www.bu.edu/hr/policies/federal-and-state-laws/family-and-medical-leave-act-fmla/
Fordyce, T. (May 9, 2012). Consider FMLA Implications When Disciplining an Employee for
Unauthorized Absences | GT L&E Blog. Retrieved December 1, 2014, from
http://www.gtlaw-laborandemployment.com/2012/05/consider-fmla-implications-whendisciplining-an-employee-for-unauthorized-absences/
Frincke, J. (2007, January 1). FMLA and Its Impact on Organizations: A Survey Report by the
Soceity of Human Resource Management.
Gerstel, N., & McGonagle, K. (1999). Job leaves and the limits of the Family & Medical Leave
Act. Work and Occupations, 26, 510-534.
Jacobs, D. (1998). Labor and social legislation in the United States: Business obstructionism and
accommodation. Labor Studies Journal, 23, 52-73.
Jacoby, S. M. (2004). Employing bureaucracy: Managers, unions, and the transformation of
work in the 20th century. Mahwah, N.J.: Lawrence Erlbaum.
Reuter, A. (2005). Subtle but Pervasive: Discrimination Against Mothers & Pregnant Women in
the Workplace. Fordham Urban Law Journal, 33(5), 101-150.
Single Mother Statistics - Single Mother Guide. (2014, November 25). Retrieved December 1,
2014, from https://singlemotherguide.com/single-mother-statistics/
Waldfogel, J. (1999). Family leave coverage in the l990s. Monthly Labor Review, 122, 13-21.
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