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Family Equality Council On FMLA: Protecting Our Families When They’re Most Vulnerable

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This guest article is by Emily Hecht-McGowan, Director of Public Policy for Family Equality Council.

Today, we are celebrating the 20th anniversary of the Family Medical Leave Act (FMLA), and the inclusion of our families in this important law. Since 1993, Americans have accessed benefits under FMLA over 100 million times, and we’ve worked hard as a community to make sure this protection extends to our lives and our families.

What is the Family & Medical Leave Act?

FMLA is the only federal law that allows workers to take leave without endangering their job. Eligible workers can take up to 12 weeks of unpaid leave for health conditions, to bond with a new child, or to care for an ill family member.

Because of our work with the US Department of Labor and our national coalition partners, the FMLA coverage was expanded in 2010 to allow non-legally recognized parents to take leave when their children are sick. In other words, due to this change many of our families now have access to this critical family benefit – including same-sex spouses or domestic partners who are unable to adopt or otherwise become legal parents to the children they are raising.

These provisions can make a tremendous difference for our families, especially when we live in states that don’t permit joint or second-parent adoptions.

What impact does this have on Families? Gina, Pauline, and Lily’s experience with FMLA

Gina Patterson and her wife Pauline were one of the first same-sex couples married in New York – and at the time Pauline was three months pregnant with their daughter Lily. Full of hope for their life together and excited to be welcoming a daughter into their lives, Gina and Pauline were grateful to be happy, healthy, and legally recognized as a family.

When Lily was finally born, Pauline, as Lily’s biological mother, was able to take 12 weeks of paid leave to care for Lily – much like mothers across the country do every day.

But as many new parents know, those 12 weeks go by quickly. Lily wasn’t nearly ready for daycare, and as two working Moms — Gina works for the New York state court system and Pauline is a music publisher – they were facing difficult decisions just as all new parents must.

Knowing that she hadn’t yet had the chance to spend time watching their baby grow and develop and caring for her, and since Gina, a lawyer, knew her options under the expanded FMLA coverage, she applied to take federal unpaid child care leave to care for Lily.

Unlike most opposite-sex couples, who have less trouble accessing these programs and services, Gina was asked for a note from Lily’s pediatrician saying that she should be able to take time off to care for her daughter.  The FMLA expansion that our community secured in 2010 ensured that Lily never lacked the love and nurturing of both her parents could provide.

Because of Gina’s background in the law she was prepared for the amount of advocacy she would need to do on her own behalf to access this coverage – and Lily benefited from Gina’s knowledge and experience.

This is a common experience for many LGBT parents, whether at the doctor’s office or at their child’s school, but not all families are as informed about the law or as prepared to take on this added burden of explaining to schools, doctors, and employers about the vagaries of the legal ties many of us have to our children.

Fortunately, Gina’s workplace was a welcoming one and once the HR department confirmed that Gina was eligible as a parent standing in loco parentis to take leave to care for Lily, and she was able to get the time off she needed.

While Gina, Pauline, & Lily’s story has a happy ending, and baby Lily was never denied having loving mothers when she needed them most, many families have been denied this vital protection.

Where do we go from here?

Many parents are unaware that this coverage exists and not all of these stories are as cut and dry.

Mothers and fathers all over the United States should be able to care for their families in their most vulnerable times without endangering their job. Because of FMLA – and specifically the inclusion of our families in it – many parents who are LGBT are covered, and can focus on the important task of caring for their family.

We are looking forward to building on our successes and to ensuring that our families are completely protected and included. However, there are still important changes to be made. Right now, same-sex spouses/partners are not currently covered under FMLA, in part because of the Defense of Marriage Act (DOMA). We are continuing to work with the Obama administration and our organizational partners to make sure this law includes us completely. We support the Family and Medical Leave Inclusion Act, which would expand the Family and Medical Leave Act to permit an employee to take up to twelve weeks of unpaid leave from work to care for their same-sex spouse/partner with a serious health condition.

We also support the Healthy Families Act, a bill that would provide paid sick leave for all workers to care for their families, including LGBT parents and same-sex spouses/partners.

For more information on these issues, please visit our the Family Equality Council’s Advocacy Center.

The Family Equality Council is on Facebook and Twitter.

skitched-20130205-165923Emily Hecht-McGowan is the Director of Public Policy for Family Equality Council. She previously served as the Legal Director for Servicemembers Legal Defense Network where she assisted service members impacted by “Don’t Ask, Don’t Tell” and related forms of discrimination. Prior to her time with SLDN, Emily was the Assistant Section Director for the American Bar Association’s Section of Individual Rights and Responsibilities where she spearheaded the ABA’s civil rights, human rights and social justice policy work. Emily holds a BA in History from American University and a JD from the Columbus School of Law.  She lives in Takoma Park, MD with her wife Sharon and their daughter Sadie and their trusty beagle, Ellie.

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'GOOD LUCK WITH THAT'

‘Trying to Have It Both Ways’: Ivanka ‘Flailing’ as Trump Indictment Slams Family

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April 1, 2023

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While Donald Trump Jr. and Eric Trump have taken to their social media platforms to viciously lash out at Manhattan District Attorney Alvin Bragg for indicting their father on a reported 30 charges, Ivanka Trump posted a rather muted statement on her Instagram account which simply said, “I love my father, and I love my country. Today, I am pained for both. I appreciate the voices across the political spectrum expressing support and concern.”

According to Daily Beast conservative columnist Matt Lewis, the so-called “First Daughter,” who served in the White House with her father, is trying to stay true to her former president dad, while distancing herself from his legal problems — and it is not going to work for her.

As Lewis put it, Ivanka is “flailing” in her attempts to shed the memory of her participation in the Trump administration that reached its lowest point on Jan. 6 when supporters of Trump stormed the Capitol and sent lawmakers fleeing for their lives.

“It’s hard to argue with anything Ivanka says here, but it is not a statement of moral clarity. Nor is it (conversely) a statement of strong support for her father. She’s flailing and trying to have it both ways,” Lewis wrote before adding, “Now, it’s understandable that a daughter might not want to utterly condemn her father. Further, children are not responsible for their parents’ sins. Except, of course, if you consider the fact that Ivanka served as the primary weapon in the ‘Trump’s not such a belligerent pig as his four decades as a public figure would make you think’ propaganda push.”

RELATED: Trump is so ‘unmoored from reality’ he can’t act as a defense witness: ‘Art of the Deal’ ghostwriter

Noting that Ivanka and her husband Jared Kushner — who has baggage of his own — both stuck with Trump in the White House for all four years, Lewis added, “As far as the former first daughter goes, she and her husband might be done with politics, but once you’ve been a party to an administration like Trump’s, it’s going to be a long time before politics is done with them.”

“So, Ivanka, you want to have a seat at the cool apolitical kids’ table? You want to be once again accepted by the socially liberal billionaires’ children you used to go to the Hamptons with and now have Miami Beach playdates with? You want to enjoy the privileges of being a Trump with none of the shame? Good luck with that,” he concluded.

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Dominion Wins ‘Blockbuster Victories’ Against Fox News – Last Legal Issue Will Be Decided by a Jury: Report

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March 31, 2023

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Dominion Voting Systems won what are being called “blockbuster victories” Friday afternoon when a judge ruled the company suing Fox News for $1.6 billion in a major defamation lawsuit had met its burden of proof that Rupert Murdoch‘s far-right wing cable channel had repeatedly made false statements.

The final, and likely greatest legal issue Dominion will have to prove will be actual malice. That issue will be decided in a jury trial, Delaware Superior Court Judge Eric M. Davis ruled Friday, according to Law & Crime.

Unlike previous cases, Fox News will reportedly not be able to argue the on-air statements its personalities made were opinion.

CNN legal analyst and Brookings senior fellow Norm Eisen calls Friday’s decision a “huge win for Dominion on their summary judgment motion against Fox News.”

READ MORE: Capitol Police Issue Warning Over Possible Trump Protests ‘Across the Country’

“Dominion won partial summary judgement that what Fox said about them was false! Now they just have to prove actual malice and damages,” Eisen says. “Meanwhile Fox’s motion was totally denied.”

Former U.S. Attorney Joyce Vance, an MSNBC contributor adds: “Dominion’s evidence Fox made false statements with reckless disregard  is as strong as any I’ve seen.”

The judge was very clear in his ruling.

“While the Court must view the record in the light most favorable to Fox, the record does not show a genuine issue of material fact as to falsity,” Judge Davis wrote. “Through its extensive proof, Dominion has met its burden of showing there is no genuine issue of material fact as to falsity. Fox therefore had the burden to show an issue of material fact existed in turn. Fox failed to meet its burden.”

READ MORE: ‘Propaganda Network’: Media Reporter Says Dominion Filing Exposes Fox News as ‘Void of the Most Basic Journalistic Ethics’

Attorney and MSNBC host and legal analyst Katie Phang points to this key passage in Judge Davis’ ruling.

Court watchers and news junkies are familiar at this point with the massive legal filings Dominion has made in which it exposed how Fox News knowingly made false statements regarding the 2020 presidential election. Those filings, each hundreds of pages, also detail internal Fox News communications and bombshell conversations between the company’s top personalities, executives, and even Chairman Rupert Murdoch.

 

Image of Rupert Murdoch via Shutterstock

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RIGHT WING EXTREMISM

Capitol Police Issue Warning Over Possible Trump Protests ‘Across the Country’

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March 31, 2023

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The U.S. Capitol Police and the Senate Sergeant at Arms on Friday jointly issued a statement warning they “anticipate” Trump protests across the country. The statement is not time-specific, and it states it has no information on “credible threats,” but some Democratic offices are allowing staffers to work from home Friday and Tuesday.

“The Sergeant at Arms and United States Capitol Police (USCP) anticipate demonstration activity across the country related to the indictment of former President Trump. While law enforcement is not tracking any specific, credible threats against the Capitol or state offices, there is potential for demonstration activity. USCP is working with law enforcement partners, so you may observe a greater law enforcement presence on Capitol Hill,” the statement reads.

“The SAA and USCP are monitoring the potential nationwide impacts to Senate state offices,” it adds.

The House Sergeant at Arms was conspicuously absent from the statement. Speaker Kevin McCarthy has control over that office.

READ MORE: Trump Trial Could Go Well Into the 2024 Election – Or Possibly Even Past It: Former Prosecutor

Additionally, Axios is reporting, “several House Democrats are allowing staffers to work from home as a safety precaution,” noting that “the memory of Trump supporters ransacking the Capitol on Jan. 6 is still fresh on the mind.”

U.S. Rep. Debbie Dingell (D-MI) is allowing staff to work from home for safety reasons. She told Axios, “I don’t ever want to see a Jan. 6 again.”

“I’ve been in the Trump hate tunnel, Donald Trump has gone after me, and quite frankly I don’t have security. I don’t have entourages.”

She’s not the only Democrat to raise concerns.

“Much of the language from the former President and his devotees is similar to what inspired Jan. 6th,” U.S. Rep. Dean Phillips said. “I’m concerned about safety for my colleagues and my staff.”

READ MORE: ‘Lighting the Match’: Marjorie Taylor Greene Blasted for Off the Rails Rant Defending Trump

Meanwhile, House Republicans are issuing full-throated support for Trump and calling for protests.

U.S. Rep. Marjorie Taylor Greene (R-GA), who was called out by name in a six-page letter Manhattan District Attorney Alvin Bragg sent to Judiciary Chairman Jim Jordan Friday morning, announced she will be in New York on Tuesday to support Trump when he is arraigned. She has posted several tweets since Trump was indicted.

Speaker Kevin McCarthy issued a statement Thursday seemingly designed to gin up rage and action in the MAGA base.

“Alvin Bragg has irreparably damaged our country in an attempt to interfere in our Presidential election. As he routinely frees violent criminals to terrorize the public, he weaponized our sacred system of justice against President Donald Trump. The American people will not tolerate this injustice, and the House of Representatives will hold Alvin Bragg and his unprecedented abuse of power to account.”

 

Image by Elvert Barnes via Flickr and a CC license

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