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18 Wis. Women's L.J. 257 (2003)
From Here to Paternity: Why Men Are Not Taking Paternity Leave under the Family and Medical Leave Act

handle is hein.journals/wiswo18 and id is 263 raw text is: NOTES FROM HERE TO PATERNITY: WHY MEN ARE NOT TAKING PATERNITY LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT Chuck Halverson* I. INTRODUCTION Before the passage of the Family and Medical Leave Act (FMLA or the Act), myriad articles were written on the need for such legisla- tion. Since its passage, just as many articles have been written address- ing its shortcomings. One shortcoming that has not received as much attention is the difficulty fathers have in taking extended periods of paternity leave under the provisions of the FMLA. Increased participation of fathers in childrearing leads to closer, more satisfying relationships with their children; the opportunity to witness and take part in their development; and a feeling of compe- tency through child care.' But many fathers do not have the oppor- tunity to spend significant time with their children, particularly during the first few months of life. Congress purported to design the FMLA to ease the burden on both mothers and fathers regarding pa- rental leave.2 But in reality, the FMLA champions the cause of mothers to a greater extent than it does that of fathers.3 This article is a survey of the problems fathers face in relying on the FMLA for extended paternity leave. Part II examines the provi- sions of the Act, paying particular attention to Congress's stated objec- tives. It argues that in terms of parental leave, Congress had the interests of women, not men, in mind. Part III sets out to show that men are not taking paternity leave under the FMLA. Part IV examines * Chuck Halverson is a legal assistance attorney in the U.S. ArmyJudge Advocate General's Corps; J.D., 2003, University of Wisconsin Law School; M.A., 1995, Cleve- land State University; B.A., 1994, University of Maryland. I owe a debt of gratitude to Margaret Hillman for her guidance and longsuffering nature. My thanks also to my parents and in-laws for their input. Most of all, I thank my wife, Candace, for her emotional and editorial support. I hope to take FMLA leave with her one day to care for our own newborn. 1. Dolores A. Stegelin & Judith Frankel, Families of Employed Mothers in the United States, in FAMILIES OF EMPLOYED MOTHERS: AN INTERNATIONAL PERSPECTIVE 237, 245 (Judith Frankel ed., 1997). 2. 29 U.S.C. § 2601 (a) (2) (2000). 3. See, e.g., id. § 2601 (a) (5).

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