Golden Gate University Law Review


Caroline Cohen


Part I of this Comment will provide a background of the stated purposes of the FMLA, the California Family Rights Act (CFRA) and California’s Paid Family Leave (PFL), and the benefits each law provides. Part II will discuss the federal income replacement bills of 2009 that need to be reintroduced and enacted to fulfill the FMLA’s intent. Part III will explain why wage replacement is needed at the federal level so that more workers are financially able to access the FMLA’s protections. Part IV will trace the legislative development of the FMLA and PFL to predict the likely challenges that federal income replacement bills will face. Given that paid leave is necessary to fulfill the FMLA’s intent to enable workers to balance work and family, Part V will provide a framework for applying the successful methods of California’s PFL campaign and lessons from court challenges to the FMLA’s regulations to a federal campaign to pass paid family leave.