From civil rights to social policy: The political development of family and medical leave policy

Abstract

Family and medical leave policy in the United States is often noted for its lack of wage compensation, but is also distinctive in its gender neutrality and its broad coverage of several types of leave (combining pregnancy leave with medical, parental, and caregiving leave). This article argues that the distinctive design of leave policy in the United States is explained by its origins in contestation over the civil rights policy regime that emerged in the 1960s. In the early 1970s, women's movement advocates creatively and strategically formulated demands for maternity leave provision that fit an interpretation of this new policy regime's antidiscrimination logic. Because of this decision to advance an antidiscrimination claim, advocates became committed to pursuing a leave guarantee on gender-neutral grounds, which in turn enabled the broad-coverage leave design. This case study suggests that scholars of social policy and American political development should pay greater attention to the impact of civil rights on social policy. This article also contributes to the study of policy development by providing an example of how political actors cross boundaries between policy domains during the policy making process and by presenting a reconceptualization of “policy regimes”.