Two years ago, when Facebook founder and CEO Mark Zuckerberg announced he was taking paternity leave to spend time with his wife and newborn daughter, it was hailed as a breakthrough for paid family leave. Soon after, a rush of press releases from Twitter, Netflix, Microsoft, IKEA, American Express, Amazon and other well-known companies announced more generous policies. Men, they said, would be encouraged to take parental leave as well.
Illinois recently enacted legislation purportedly giving workers across the state greater flexibility when using their sick leave benefits. The Illinois Employee Sick Leave Act, which takes effect on January 1, 2017, is a noble attempt to balance people's family caregiving duties with their job responsibilities, but to many, its protections don't go far enough.
As noted by Vogue Magazine, August marked the 23rd anniversary of the federal Family and Medical Leave Act. Though considered landmark legislation at the time, the law only provides for unpaid leave, and does not apply to a large percentage of Americans employed by companies with fewer than 50 employees. Seeking to correct this situation, four states - California, New Jersey, Rhode Island and New York - now have paid leave laws. Even in those states, however, there remain gaps, particularly when it comes to job protection.
For the first time in national politics, paid family leave has become an election issue. The issue has also gained some traction at the state level. Four states - California, New Jersey, Rhode Island, and most recently, New York - have enacted their own legislation. Large employers, particularly those in Silicon Valley, are now offering generous paid parental leave policies.
The Second Circuit, in reviving plaintifff Cathleen Graziadio's Family and Medical Leave Act (FMLA) interference and retaliation claims, reminds employers that they share responsibility with employees to comply with FMLA requirements, and cannot place the burden entirely on the employee or, as the panel here admonished, fail to cooperate with the employee altogether.