Quote:
Originally Posted by DSTCHAOS
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.
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Most small employers (over 15 employees) still have to comply with Title VII, which is the issue of
paternity leave (which I thought was the subject we were discussing).
FMLA regards the issue of giving leave at all... which is the reason why MOST employers do allow for post-pregnancy leave. FMLA is gender neutral, so if FMLA applies to your employer, you HAVE to allow leave, regardless of gender. Yeah, okay, there are always examples of employers getting around laws... but that is an equivalent criticism of any law.
ETA: I think we should redirect this whole discussion back to the point before we get too off track. In order to not seem like a big douche I purposely simplify my posts in order to not write like I'm giving some kind of legal treatise. If you thought you were trying to "catch me" in an error or something, you're wrong. Most laws have exclusions for this or that (small employers, public employers, etc.) but it seems a little ridiculous if you think I should be citing to them every time I post. I am pretty well-educated on employment law and I doubt you're going to find yourself running circles around me on the subject. Post away, if you want. I don't think it is a great idea to turn this into a hedging match over the FMLA. I liked the original focus of your thread and I think we should get back to it.
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