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22 N.Y.U. J. Legis. & Pub. Pol'y 197 (2019-2020)
The Meaning of Leave: Understanding Workplace Leave Rights

handle is hein.journals/nyulpp22 and id is 197 raw text is: THE MEANING OF LEAVE: UNDERSTANDING WORKPLACE LEAVE RIGHTS Molly Weston Williamson* While much work remains to be done, the United States is experiencing a period of rapid and unprecedented progress in expanding workplace leave rights, particularly at the state level. Yet our policy vocabulary has not kept pace. What we refer to as leave rights are actually at least six kinds of rights, which appear in different combinations across many types of laws. This Article identifies the six distinct leave rights and analyzes various kinds of existing leave laws under the six-right framework, in order to better un- derstand the existing policy landscape and provide more nuanced tools for future policymaking. INTRODUCTION ............................................. 198 R I. THE UNIVERSE: LEAVE LAWS ........................ 199 R II. THE SIX LEAVE RIGHTS ............................. 203 R A. The Right to Leave ........................... 204 R B. The Right to Reinstatement ...................... 209 R 1. What Qualifies as Reinstatement? ............ 214 R 2. Variations on the Right to Reinstatement ..... .219 R 3. Determining the Scope of the Right to Reinstatement .............................. 220 R C. The Right to Pay ............................... 224 R D. The Right to Continuation of Health Insurance ... 233 R E. The Right Not to Be Retaliated Against .......... 238 R 1. The Scope of the Right Against Retaliation: Identifying the Protected Action(s) ........... 241 R 2. Theory and Practice: Interpreting the Scope of the Protection ............................... 244 R 3. Proving Retaliation ........................ 247 R F. The Right Not to Be Interfered With ............. 249 R III. USING THE LEAVE RIGHTS FRAMEWORK TO EVALUATE LAW AND POLICY ..................................... 252 R * Margaret (Molly) Weston Williamson is Director of Paid Leave and Future of Work and Senior Staff Attorney at A Better Balance. All opinions are the author's own. Special thanks to Lynn Conell-Price, Alexandra List, and James Williamson for their support and assistance. 197 Imaged with Permission of N.Y.U. Journal of Legislation and Public Policy

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