提升女性就业和生育兼容性的路径选择——基于对国外家庭支持政策制度设计的分析

家庭支持政策是影响女性就业和生育兼容性的关键因素。公共托育服务的普及、托育成本的下降、托育开放时间的延长以及生育假期制度有利于提高女性就业和生育的兼容性。因此,应对托育制度、生育假期和生育津贴制度进行完善,并对贫困生育女性提供托育支持和技能培训,以提高我国女性就业和生育的兼容性,优化“全面二孩”政策的实施效果。     

The determinants of time off work after childbirth

Relatively little is known about the role that leave policies--family, parental, or maternity-leave policies--play in facilitating time off work after childbirth. Yet time off is a critical element of leave policies, as it facilitates the mother's recovery from childbirth and promotes maternal-infant attachment. Using data from Minnesota, the state with the highest rate of female labor force participation, we examine the extent to which policies, relative to personal, job, and workplace characteristics, determine the duration of women's childbirth-related leaves from work. A random sample of women identified from vital statistics records is used to estimate the relationship between leave policies and time off work after childbirth. Of our sample 85 percent had access to some paid leave benefits, although only 46 percent had paid maternity leave benefits. The difference in duration of leave between women with and without paid leave policies was approximately four weeks, a substantial difference for most women and their infants. Paid leave policies and spousal earnings as primary determinants of maternal time off work, suggest problems in the use of unpaid leave for economically vulnerable women.     

Divisions of labour: maternity protection in Europe

Incapacity for work on the grounds of pregnancy and birth-related illness has long proved problematic for the courts, resulting, on occasion, in lawful dismissal based on a comparison between the woman concerned and a sick male worker. The European Court of Justice has recently clarified the duration of the 'protected period'that lasts throughout pregnancy and the period of maternity leave, during which dismissal will be prohibited. However, the duration of leave provided by Member States differs, resulting in a wide degree of variation for such protection. Furthermore, where illness arises or persists following childbirth, women will continue to be vulnerable to dismissal. This article considers the impact of caselaw developments and examines the provision of maternity leave in Europe, which, contrary to the harmonization originally envisaged by the introduction of the Pregnant Workers Directive (92/85/EEC), appears to be subject to a high degree of variation.     

Child-related leave and women’s labour market outcomes: towards a new paradigm in the European Union?

The current European Union (EU) legislative framework on child-related leave is facilitating an imbalance in the take-up of leave by women over men. There is a consolidated EU right to maternity leave for mothers but there is no parallel EU right to paternity leave for fathers. The EU right to parental leave is for both working mothers and fathers, but its design does not encourage an equal take-up by women and men. The aim of this article is to gain insight into the effects of child-related leave on women’s labour market outcomes. On the one hand, it reviews and analyses economic literature which points to the adverse consequences of leave on women’s earnings, and even on women’s labour market participation when the absences from work are very prolonged. On the other hand, it underlines the new direction followed by the European Commission towards greater equality between men and women at home and at work.     

Bargaining in the Shadow of Social Institutions: Competing Discourses and Social Change in Workplace Mobilization of Civil Rights

The Family and Medical Leave Act requires employers to provide job-protected leave, but little is known about how these leave rights operate in practice or how they interact with other normative systems to construct the meaning of leave. Drawing on interviews with workers who negotiated contested leaves, this study examines how social institutions influence workplace mobilization of these rights. I find that leave rights remain embedded within institutionalized conceptions of work, gender, and disability that shape workers' perceptions, preferences, and choices about mobilizing their rights. I also find, however, that workers can draw on law as a culture discourse to challenge these assumptions, to build coalitions, and to renegotiate the meaning of leave.     

运动员的身份定位与工伤保险赔偿探析

体育行政主管部门下属单位管理的运动员属于事业单位工作人员,这类运动员的工伤问题应按照事业单位工作人员的有关规定执行。规范化的体育职业俱乐部下的运动员具有劳动者的地位,这类运动员必须参加统筹地区的工伤保险。运动员工伤保险赔偿和第三人侵权赔偿竞合时不能重复赔偿;运动员工伤保险赔偿与伤残互助保险赔偿、商业保险赔偿竞合时可以重复赔偿。     

Separate versus Equal Treatment Approaches to Parental Leave: Theoretical Issues and Empirical Evidence*

This article examines the legal and economic arguments behind the separate versus equal treatment approaches to maternity/parental leave. Three sets of legal arguments that were advanced in the U. S. Supreme Court case California Federal Savings and Loan Association v. Guerra, 1987 are examined. The economic arguments that correspond to each of these legal arguments are then developed, including the arguments of groups who (1) oppose all versions of mandated leave, (2) support mandated parental leave without qualification (the Separate Treatment Approach), and (3) support some, but not all formulations (the Equal Treatment Approach). Each of these theoretical perspectives generate specific hypotheses regarding the potential compensation and employment effects for women of childbear-ing age. These hypotheses are tested with data from the Current Population Survey, May 1979 and May 1983. Overall the empirical findings suggest that parental leave legislation can significantly improve the labor market position of women of childbearing age, but all approaches are not equal and some methods may undermine, rather than improve their position.     

Canadian Police Mothers and the Boys’ Club: Pregnancy,Maternity Leave,and Returning to Work

This article explores police mothers’ perceptions of their workplace experiences during pregnancy and maternity leave and returning to work. Using Charmaz’s (2014 Charmaz, K. (2014). Constructing grounded theory. London, UK: Sage. [Google Scholar]) constructivist grounded theory with a critical feminist lens, qualitative interviews were conducted with 16 police mothers in the province of Ontario, Canada. Our analysis reveals that policewomen work inordinately hard to prove physical and emotional strength in an attempt to be accepted into policing’s boys’ club; encounter negative workplace responses to pregnancy; are often demoted or reassigned during maternity leave; and need to re-prove themselves as officers upon returning to work. Our research aims to enhance retention and foster changes that will best support police mothers, police organizations, and the communities they serve.     

Client violence and its negative impacts on work attitudes of child protection workers compared to community service workers

This study investigated the prevalence of client violence toward child protection workers and its negative impacts on the work attitudes of those workers compared with community service workers in South Korea. This study is based on the assumption that child protection workers are more vulnerable to violence than are community service workers because of the unique characteristics of the roles they play. Results of the data, drawn from a sample of 413 child protection workers and community service workers, found that client violence was more prevalent against child protection workers and that the negative impacts of this violence on work attitudes were more clearly highlighted for child protection workers. Based on the results of this study, implications for preventing client violence and lessening its negative impacts on work attitudes of child protection workers were identified.     

Parenting Stress,Parenting Behavior,and Children’s Adjustment in Families Experiencing Intimate Partner Violence

Children exposed to intimate partner violence are known to experience a number of negative outcomes, including behavioral and emotional problems; however, possible mechanisms accounting for this relationship are unclear. There is considerable evidence that parenting stress has a direct effect on child adjustment problems and on parenting behaviors; parenting behaviors, in turn, have been repeatedly shown to be related to child outcomes. The hypothesis that parenting mediates the relationship between parenting stress and child behavioral and emotional problems according to Abidin’s (Journal of Clinical Child Psychology, 21:407–412, 1992) model was tested in a sample of 190 battered women and their 4-to12-year-old children. No support for mediation was found for either mother- or child-reported outcomes. Parenting stress had a strong direct effect on child behavioral and emotional problems. These findings have implications for the viability of Abidin’s model, as well as for interventions with battered women that address parenting stress. The authors would like to thank the women, children, and staff at the shelters for battered women who participated in this study.     

Medical benefits for newborn children of certain woman veterans. Final rule

The Department of Veterans Affairs (VA) is amending its regulation concerning the medical benefits package offered to veterans enrolled in the VA health care system. This rulemaking updates the regulation to conform to amendments made by the enactment of the Caregivers and Veteran Omnibus Health Services Act of 2010, which authorized VA to provide certain health care services to a newborn child of a woman veteran who is receiving maternity care furnished by VA. Health services for newborn care will be authorized for no more than seven days after the birth of the child if the veteran delivered the child in a VA facility or in another facility pursuant to a VA contract for maternity services.     

“陪产假”制度研究

"陪产假"作为一个实践中并不广为人熟知的名词和法律制度,一直以来并没有为男性职工所积极追求、为用人单位所严格遵守。"产假"之外,在女性分娩期另赋予男性合理期间的"陪产假"不仅对夫妻婚姻关系的和谐稳定,而且对于家庭的幸福,社会的文明发展皆具有重大意义。剖析"赔偿假"制度的内涵属性、法理基础和实在法的规定,旨在提升"陪产假"制度的效力位阶,与"产假"制度一起,共同促进代际亲昵、家庭关系和谐以及社会关系的良好发展。     

司法鉴定机构适应《司法鉴定程序通则》要求的探讨

作者通过对新颁布的《司法鉴定程序通则》研读与思考,结合目前多数司法鉴定机构的现状,对于作为《司法鉴定程序通则》主要管理对象之一的司法鉴定机构如何尽快适应这部重要法规的要求,制定和完善各项相关制度,科学规范司法鉴定工作,作了探讨。     

Occupational exposure to tuberculosis--OSHA. Proposed rule and notice of public hearing

The Occupational Safety and Health Administration is proposing a health standard, to be promulgated under section 6(b) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 655, to control occupational exposure to tuberculosis (TB). TB is a communicable, potentially lethal disease that afflicts the most vulnerable members of our society: the poor, the sick, the aged, and the homeless. As many as 13 million U.S. adults are presently believed to be infected with TB; over time, more than 1 million of these individuals may develop active TB disease and transmit the infection to others. TB remains a major health problem with 22,813 active cases reported in the U.S. in 1995. A number of outbreaks of this disease have occurred among workers in health care settings, as well as other work settings, in recent years. To add to the seriousness of the problem, some of these outbreaks have involved the transmission of multidrug-resistant strains of Mycobacterium tuberculosis, which are often fatal. Although it is the responsibility of the U.S. Public Health Service to address the problem of tuberculosis in the general U.S. population, OSHA is solely responsible for protecting the health of workers exposed to TB as a result of their job. OSHA estimates that more than 5 million U.S. workers are exposed to TB in the course of their work: in hospitals, homeless shelters, nursing homes, and other work settings. Because active TB is endemic in many U.S. populations, including groups in both urban and rural areas, workers who come into contact with diseased individuals are at risk of contracting the disease themselves. The risk confronting these workers as a result of their contact with TB-infected individuals may be as high as 10 times the risk to the general population. Although the number of reported cases of active TB has slowly begun to decline after a resurgence between 1985-1992, 16 states reported an increase in the number of TB cases in 1995, compared with 1994. Based on a review of the data, OSHA has preliminarily concluded that workers in hospitals, nursing homes, hospices, correctional facilities, homeless shelters, and certain other work settings are at significant risk of incurring TB infection while caring for their patients and clients or performing certain procedures. To reduce this occupational risk, OSHA is proposing a standard that would require employers to protect TB-exposed employees by means of infection prevention and control measures that have been demonstrated to be highly effective in reducing or eliminating job-related TB infections. These measures include the use of respirators when performing certain high hazard procedures on infectious individuals, procedures for the early identification and treatment of TB infection, isolation of individuals with infectious TB in rooms designed to protect those in the vicinity of the room from contact with the microorganisms causing TB, and medical follow-up for occupationally exposed workers who become infected. OSHA has preliminarily determined that the engineering, work practice, and administrative controls, respiratory protection, training, medical surveillance, and other provisions of the proposed standard are technologically and economically feasible for facilities in all affected industries.     

Do Women Representatives Regender Legislative Bureaucracy? Assessing the Effect of Representative Sex on Women's Presence among US Congressional Staff

Achieving greater female presence in influential positions is a commonly discussed strategy for gender reform in institutions such as the US Congress. Using theory adapted from research on gender in the workplace, this study examines whether women representatives, as ‘managers’ of congressional offices, alter patterns of gender representation in Congress by hiring and promoting more women staffers compared with men representatives. Cross-sectional logistic regression analyses of staffer sex during the 110th and 111th Congresses (2007–10) reveal a positive relationship between women representatives and female presence on congressional staffs. However, the relationship does not hold with respect to the most influential staff positions. These findings provide only limited support for theories that women representatives act as ‘change agents’ by directly facilitating opportunities for women, and highlight the importance of exploring alternative strategies for empowering women and regendering legislative institutions.     

Intimate Partner Violence During Pregnancy and 1-Year Post-Partum

Using data on a nationally representative cohort of pregnant women in US cities, this study examines the prevalence and correlates of interpersonal violence (IPV)—physical, emotional, and coercion-control—during pregnancy and 1 year after birth. Overall, 33% of mothers and 40% of fathers experience some form of IPV during or after pregnancy. Hispanic women and those no longer romantically involved with their children’s fathers were most likely to experience IPV during pregnancy. Less educated women, women who reported that they or their spouses used substances (i.e., alcohol or illicit drugs), and women who reported that their pregnancy was unwanted were at high risk of IPV both during and after their pregnancy. Violence during pregnancy strongly predicted violence after pregnancy. Recent immigrants were among the least likely to leave a violent relationship 1-year post-partum. US-born women who were employed during their pregnancy were among the most likely to leave an abusive relationship 1-year post-partum. Electronic supplementary material  The online version of this article (doi:) contains supplementary material, which is available to authorized users.     

Obligated service for mental health traineeships; interim rule--Public Health Service. Interim rule with request for comments

This rule adds a new Part 64a to Title 42 of the Code of Federal Regulations which: (1) governs the length and type of service payback required of individuals who have received clinical traineeships in psychology, psychiatry, social work, or nursing section 303 of the Public Health Service Act. as amended by section 803 of the Mental Health Systems Act; and (2) in connection with this payback obligation, imposes certain notice and other requirements upon institutions receiving training grants under section 303 of the Public Health Service Act.     

Precarious employment conditions affect work content in education and social work: results of work analyses

Work content is adversely affected by precarious employment conditions, with consequences for workers and clients/customers. Three examples are taken from professions involving long-term relations between workers and clients. Adult education teachers hired on short-term contracts to teach primarily immigrant populations prepare their courses under less favorable conditions than regular teachers and their employment context foments hostility among teachers. Special education technicians are hired on a seasonal basis which interferes with their ability to coordinate and plan their efforts in collaboration with teachers. Workers in shelters for women suffering conjugal violence who were hired on a casual or on-call basis were unable to follow up with women they helped during their shifts and more rarely engaged in one-on-one counseling. Precarious work contracts can affect mental health not only through employment insecurity but also through negative effects on the ability to do one's job and take pride in one's work, as well as weakening the interpersonal relationships on which successful, productive work depends.     

MEDIATION IN CHILD PROTECTION AND THE NOVA SCOTIA EXPERIENCE

In recent years, mediation has become a device used to settle disputes in the area of child protection. The first legislatively based child protection mediation program in Canada was implemented in the province of Nova Scotia in 1993. This program has been criticized for not safeguarding children from neglect and abuse, for redundancy with respect to settlements offered by child protection workers, for its nonuse of child protection workers as mediators, and for power imbalances between negotiating parties. It has also suffered from a low number of referrals to mediation. The Nova Scotia experience emphasizes the need to gain support not only from child protection agency leadership but also from frontline staff to create a stable and beneficial mediation program. Even in light of the complications with respect to child protection mediation in Nova Scotia, there is a growing interest and implementation of mediation programs throughout Canada.     

Here today, gone tomorrow, back again the next day: Antecedents of correctional absenteeism

Correctional agencies are labor intensive, and many of the posts in a prison cannot be vacated, often leading to mandatory overtime. Despite the high costs and inconvenience associated with absenteeism in prisons, little empirical work was conducted on the antecedents of sick leave use by correctional workers. From self-reported data of workers in federal prisons in 1994, the results of this study indicated that decisions to use sick leave were independent of the culture of the prisons, and that many of the variables found to be associated with sick leave use in other settings also applied to correctional settings. In particular, the authors found that job satisfaction, organizational commitment, job stress, and personal characteristics were associated with the use of sick leave. Surprisingly, tobacco use was not.