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Originally Posted by skylark
^^ Most employers are required to comply. (ETA: My last post wasn't clear on that point, but I was coming at it from the point of an employer who is providing maternity leave already under the act... pointing out that gender is irrelevant under the FMLA)
There are exclusions, mostly for smaller employers that cannot afford to hold a job for someone regardless of gender or circumstances.
If you're giving leave to women, then you have to give it to men, regardless. At that point, even if the FMLA doesn't require it, it becomes a Title VII issue.
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Right. Smaller employers aren't required and many people work for smaller employers.
More than that, gender will always matter for many companies and taking a leave for some companies can negatively impact the employee. As I said, there are formal and informal ways that some employers can get around this act. Just as every law can be buffered by the adjustments that companies make in response to them. This is the distinction between tehnical and practical. And a lot of employees won't challenge their employers under the law or contact HR, etc. They know there may be backlash somewhere.