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.     

A Need Not Being Met: Providing Paid Family and Medical Leave for All Americans

Many parents in the United States face the quandary of whether to take time off from work to care for themselves, their children, or other family member, understanding that their jobs may not be there upon return and they will receive no income during their leave. The Family and Medical Leave Act has not lifted this burden; it only provides for unpaid leave. Four states and several cities have implemented paid family and medical leave statutes with both employees and employers benefiting. This Note proposes a uniform paid family and medical leave statute based on other countries’ statutes; proposed federal legislation; and statutes in New York, California, and San Francisco.     

Female Staff and Workers Labour Protection Implementing Procedures. [Summary. 25 February 1992

These Procedures set forth the health, maternity, and child care rights of women staff and workers in Guangzhou Municipality, China. They are applicable to all women staff and workers of state institutions, people's organizations, state-owned and -operated enterprises, public institutions, foreign investment enterprises, share system enterprises, village and town enterprises, private enterprises, and individual businesses. Among other things, the Procedures provide that a) during pregnancy, maternity leave, or nursing, work units are not permitted to dismiss women staff and workers or terminate their employment contracts unless they are fired in accordance with the Enterprise Staff and Worker Reward and Punishment Regulations; b) women staff and workers are entitled to 90 days paid maternity leave; and c) if special difficulties arise after the completion of maternity leave, nursing leave may be extended until the child is 1 year old (subject to application and approval); during the nursing period, the woman's work unit will pay 75% of her standard wages, as well as wage-related subsidies.     

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。     

How Has Living with Intimate Partner Violence Affected the Work Situation? A Qualitative Study among Abused Women in Norway

A qualitative study was conducted among 18 abused women from different parts of Norway to explore what paid work means for women exposed to partner violence and how living with an abusive partner affected their working life. Based on systematic text condensation analyses of their experiences as described in individual and focus group interviews, the study’s findings reveal two major themes. The first is about recovery and survival, and the other about the spillover of problems caused by a violent partner into paid work. Work was important to the women, as it represented time off from violence, contact with others who cared for them, and maintenance of self-esteem and self-confidence. Having their own money provided security and strengthened the belief that they could manage on their own. The spillover of intimate partner violence problems appeared through feelings of fear, shame and guilt at work.     

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.     

Violence Against Women in Jordan

This study aimed to describe the social and cultural etiology of violence against women in Jordan. A sample of houses was randomly selected from all 12 Governorates in Jordan, resulting in a final sample of 1,854 randomly selected women. ANOVA analysis showed significant differences in violence against women as a result of women’s education, F?=?4.045, α?=?0.003, women who work, F?=?3.821, α?=?0.001, espouser to violence F?=?17.896, α?=?0.000, experiencing violence during childhood F?=?12.124, α?=?0.000, and wife’s propensity to leave the marital relationship F?=?12.124, α?=?0.000. However, no differences were found in violence against women because of the husband’s education, husband’s work, or having friends who belief in physical punishment of kids. Findings showed women experienced 45?% or witnessed 55?% violence during their childhood. Almost all 98?% of the sample was subjected to at least one type of violence. Twenty-eight percent of the sample believed a husband has the right to control a woman’s behavior and 93?% believed a wife is obliged to obey a husband. After each abusive incidence, women felt insecure, ashamed, frightened, captive and stigmatized.     

Labor Policy and the Social Meaning of Parenthood

The article explores an aspect of the debate over the place of women in the paid labor force. Focusing on disputes over "protective" labor policies, "fetal protection" policies in particular, the essay discusses the implications of such policies for the social meaning of parenthood. Using data from inter-views with 49 mothers and 37 fathers of children in neonatal intensive care units, the essay presents evidence suggesting that traditional social values in-herent in female-exclusive labor policies are inadequate when one is dealing with the practical needs of parents. A policy that views women as nurturing and men as economically active resides in assumptions that women have the sole biological connection to children and overly determines a narrow conception of parenthood. The parents in this sample demonstrate the ongoing and complex negotiations involved in parenting, negotiations that labor policies have often ignored.     

‘Letters aren’t good’: the operation of the right to request flexible working post-maternity leave in UK small and medium-sized companies

This article contributes to existing literature on flexible working at an organisational level by presenting the results of a qualitative study of women employees and managers in small firms who have been involved in negotiating part-time hours on return to work post-maternity leave. The study finds that the right to request flexible working has become embedded in the policies of small firms and that the overwhelming experience of women employees was positive: their requests were accepted because they were perceived as valuable and consequently their managers wanted to retain them. However employees who lacked ongoing managerial support had a less positive experience. The study also examines other aspects of the operation of the right to request such as the efficacy of written policies on flexible working and the extent to which the negotiation process was formalised.     

Exploring the literature on relationships between gender roles, intimate partner violence, occupational status, and organizational benefits

Studies of intimate partner violence (IPV) and work have been primarily conducted with women in low-wage low-status (LWLS) positions, as much of this research has focused on poverty, welfare, and homelessness. Although women in LWLS positions represent a large percentage of working women in the United States, it is also important to investigate experiences of women in high-wage high-status (HWHS) positions because a growing number of women are employed within such jobs. We propose gender role theory can be used to explain occurrences of IPV among women in HWHS positions and their utilization of organizational benefits. We suggest those in HWHS positions may be likely to have access to organizational benefits (e.g., medical, vacation, and flexible work schedules) and the ability to utilize the Family and Medical Leave Act. However, prevailing gender roles existing in organizations may render women in HWHS positions unlikely to use benefits or to take leave.     

Special report on labor and employment. The Department of Labor issues final regulations for the federal Family and Medical Leave Act

The FMLA is a complicated and comprehensive regulatory scheme, and it is impossible to review any but the most basic provisions in this article. The final regulations provide very detailed guidance on such issues as benefits continuation, reinstatement rights, notice requirements, and enforcement measures. Personnel policies and practices must be revised to be consistent with these final regulations, and care must be taken that leave policies do not restrict rights under the FMLA or unintentionally create expanded leave rights. In complying with the FMLA, employers must also keep in mind that there are complex interplays between the federal FMLA, state laws that provide family and medical leave, the Americans with Disabilities Act, and state workers' compensation laws, that can require expert advice depending on the particular circumstances.     

Noncompliance with Parental Leave Provisions in Korea: Extending Institutional Research to a New Legal Context

We investigate Korean organizations' noncompliance with parental leave provisions. A survey of 1,750 organizations reveals that 19 percent are fully noncompliant (i.e., no policy in place) and 29 percent are partially noncompliant (i.e., acknowledged failure to implement policy). We examine whether organizational characteristics and conditions that predict responsiveness to US employment law are relevant in Korea and apply to a concrete parental leave requirement. Our results show that the predictors of full and partial noncompliance differ, suggesting different motives or processes among noncompliant organizations. Sector and size reduce the odds of full noncompliance but are unrelated to implementing parental leave policies. Having a human resources department predicts that only implementing adopted policies and gender traditionalism increase the likelihood of noncompliance. This is the first theoretically informed investigation of noncompliance with Korean parental leave laws and provides new evidence of the value of institutional perspectives on employment law beyond the US context.     

A Theoretical Understanding of Abusive Intimate Partner Relationships that Become Non-violent: Shifting the Pattern of Abusive Control

Our theoretical understanding of abusive intimate partner relationships has ignored relationships that have become non-violent. We interviewed a community convenience sample of 27 women whose relationships had become non-violent. Using the constant comparative analysis of grounded theory, we generated a substantive theory, shifting the pattern of abusive control with three sub-processes, counteracting abuse, taking control, and living differently. Women’s acquisition of personal capacity and autonomy was foundational to countering the insidious oppression of abuse. Partners in these relationships that became non-violent, paid attention, gradually backing off and ceasing violent acts. For some women, coexisting in a violence-free relationship was satisfactory; for others, investing in an improved intimate partner relationship was essential for sustaining living differently. This theory provides direction for women who are working toward living differently with partners who are no longer violent, and for their helpers. Further, our findings contribute to our theoretical understanding of how abusive couple relationships may evolve over time.     

Is it Fair to Share? Perceptions of Fairness in the Division of Housework Among Couples in 22 Countries

This study explores the relationship between the actual division of housework and men’s and women’s perceived fairness in this regard. The central question is how the actual sharing of housework influences the perceptions of fairness in the division of housework. It is hypothesised that the perceptions of fairness differ between policy models. In countries where gender equality has been more present on the political agenda and dual-earner policies have been introduced, people are expected to be more sensitive to an unfair sharing or division of housework. By analysing the relationship between actual division of housework and perceptions of fairness in household work for 22 countries representing different family policy models, the study takes on a comparative perspective with the purpose of analysing the normative impact of policy. The analysis draws on data from the 2002 round of the International Social Survey Programme on family and changing gender roles. The results show that in countries that have promoted gender equality through the introduction of policies with an aim to promote dual roles in work and family, both women and men are more sensitive to an unfair division of household labour. The difference between perceptions in the different policy models is greater among men than among women, indicating that a politicization of the dual-earner family is more important for men’s equity perceptions than women’s.     

Hospital and patient characteristics of uncompensated hospital care: policy implications

For this study, a sample of 1,689 patients classified as "charity" and "bad debt" cases in 1986 were identified from 27 general acute care hospitals and one tertiary hospital in Indiana. Half of the hospitals were in rural areas and 57 percent were small (less than 150 beds). Most of the patients (87.2 percent) incurred uncompensated amounts under $2,500, and 40 percent of the cases were below $500. About 72 percent of the patients with uncompensated care were from the same county as the location of the hospital (range from 30.9% to 100.0%). The majority of the cases (79.4 percent) with over $5,000 in uncompensated care were treated in urban hospitals. The average age of these patients was 27.2 years. Fifty-four percent of the patients were single, 60.7 percent were female, and nearly all (83.0 percent) were discharged to home care. Only 44.6 percent of the patients with uncompensated care had no insurance; 46.8 percent had some form of commercial insurance which covered part of the charges for care. The most common diagnosis for these patients was pregnancy and childbirth (22.8 percent), with injury and poisoning second (10.7 percent). The cases with $5,000 or more in bad debt (about 4 percent of the cases) account for 28.3 percent of the total uncollected amount. Bad debt represents a cost of doing business. Any national effort to contain health care costs must address this problem.     

Estimating mental health needs and service utilization among prison inmates.

A sample of 3,684 inmates in the New York State prison system was surveyed in May 1986 to determine the prevalence of psychiatric and functional disability and service utilization. It was estimated that 5 percent had a severe psychiatric disability, and 10 percent had significant psychiatric disability. The higher the level of disability, the greater the proportion of inmates that had received mental health services in the last 30 days and in the last year. Still, 45 percent of the severe disability group had no service contacts in the last year. Patterns of utilization differed significantly by sex (a greater proportion of women received services) and by race (a greater proportion of whites received services). The clinical factors associated with receipt of services varied considerably between men and women.     

Service evaluation of electronic monitoring (GPS tracking) in a medium secure forensic psychiatry setting

In 2010, following a series of high-profile absconding incidents, electronic monitoring (EM) using Global Positioning System technology for patients on leave was trialled as part of a comprehensive protocol for risk management and recovery. We conducted a preliminary evaluation of effect on leave and leave violation. The total number of leave episodes and leave violations over a four-month period prior to the introduction of EM was compared with the totals in two corresponding follow-up periods in the two years after the introduction. Total episodes of leave increased by almost 60%. There was a significant association between year and type of leave episode, with leave episodes after the introduction of EM more likely to be unescorted. Episodes of leave violation reduced in each of the two follow-up periods after introduction of EM. These findings suggest potential benefits for speed of patient recovery, reduced length of stay, reduced costs and public safety.     

Working women making it work: intimate partner violence, employment, and workplace support

Partner violence may have significant consequences on women's employment, yet limited information is available about how women cope on the job with perpetrators' tactics and the consequences of her coping methods on employment status. This article investigates whether there is an association between workplace disclosure of victimization and current employment status; and whether there is an association between receiving workplace support and current employment status among women who disclosed victimization circumstances to someone at work. Using a sample of partner victimized women who were employed within the past year (N = 485), cross-tabulation and ANOVA procedures were conducted to examine the differences between currently employed and unemployed women. Binary logistic regressions were conducted to examine whether disclosure and receiving workplace support were significantly associated with current employment. Results indicate that disclosure and workplace support are associated with employment. Implications for clinical practice, workplace policies, and future research are discussed.     

Does Separation or Divorce Make any Difference? An Interactional Perspective on Intimate Partner Violence with Focus on Marital Status

This article reports a study of the impact of marital status on interactional aspects of intimate partner violence (IPV) among help-seeking women. Are there differences among marital status groups concerning (a) other sociodemographic variables, (b) IPV categories, (c) interactional IPV variables, and (d) perception and interpretation of IPV? A representative sample of 157 women recruited from family counseling, the police, and shelters were interviewed. There was no significant sociodemographic difference among the marital status groups. There were no significant differences pertaining to IPV categories, neither for IPV severity, injury, duration, frequency, mortal danger, and regularity, nor for physical, psychological, or sexual IPV. However, multivariate logistic regression showed that post-separation women were significantly more likely to have (a) had longer duration since the last psychological and sexual IPV episode, (2) reported the physical IPV to be more predictable, and (3) used more active coping strategies against physical IPV. However, our research was not able to determine if perception and interpretation predict actual leaving behavior, or vice versa, or how the victim’s subjective perception and interpretation of the IPV changes over time.     

Codecision procedure biais: the European legislation game

The European Union’s codecision procedure is analyzed as a bargaining game between the Council and the European Parliament. The model shows that the policy outcome is biased towards the ideal point of the institution that is closest to the status quo, when the negotiation leads to an agreement. If the Council’s ideal policy is closer to the status quo, as is the case for example concerning the duration of maternity leave, the resulting policy will remain closer to the Council’s than to the European Parliament’s position. Furthermore, the result of the codecision procedure is Kaldor–Hicks inefficient. The developments of common policies concerning asylum, fishery and maternity leave illustrate both the possibility of the failure of negotiations and the influence of the Council on the outcome.