TY - JOUR
T1 - Failure to update
T2 - An institutional perspective on noncompliance with the Family and Medical Leave Act
AU - Kelly, Erin L.
PY - 2010/3
Y1 - 2010/3
N2 - At least one-quarter of covered workplaces violated the parental leave requirements of the Family and Medical Leave Act of 1993 (FMLA) when surveyed in 1997. What explains this noncompliance? Using a survey of 389 U.S. workplaces and qualitative interviews with managers in 40 organizations, I demonstrate that noncompliance comes in distinct forms. Some forms of noncompliance result from a failure to update institutionalized-and gendered-policies, practices, and norms. This form of noncompliance (indicated by illegally short leaves) is better explained by the institutional perspective, while outright noncompliance (as evidenced by a lack of leaves) is best explained by rational choice and deviant culture theories.
AB - At least one-quarter of covered workplaces violated the parental leave requirements of the Family and Medical Leave Act of 1993 (FMLA) when surveyed in 1997. What explains this noncompliance? Using a survey of 389 U.S. workplaces and qualitative interviews with managers in 40 organizations, I demonstrate that noncompliance comes in distinct forms. Some forms of noncompliance result from a failure to update institutionalized-and gendered-policies, practices, and norms. This form of noncompliance (indicated by illegally short leaves) is better explained by the institutional perspective, while outright noncompliance (as evidenced by a lack of leaves) is best explained by rational choice and deviant culture theories.
UR - http://www.scopus.com/inward/record.url?scp=77952923299&partnerID=8YFLogxK
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U2 - 10.1111/j.1540-5893.2010.00395.x
DO - 10.1111/j.1540-5893.2010.00395.x
M3 - Article
AN - SCOPUS:77952923299
SN - 0023-9216
VL - 44
SP - 33
EP - 66
JO - Law and Society Review
JF - Law and Society Review
IS - 1
ER -