The Australian Family Law Act of 1975 introduced a “no-fault” clause for divorce, restraining orders for domestic abuse, and clarified custody and property division rules. The US Family and Medical Leave Act (FMLA) grants leave for workers with a newborn or adopted child or for those caring for a serious medical problem in the family. Eligible workers can receive up to 12 weeks of paid or unpaid leave. Some states have expanded protections to include domestic partners and children of domestic partners under the FMLA.
The Family Law Act refers to an Australian parliamentary bill passed in 1975 which amended existing statutes relating to divorce and child custody. In America, the term “family law act” is also sometimes used to refer to the Family and Medical Leave Act, a US law that grants leave for workers with a newborn or adopted child, or for those caring for a serious medical problem in family . While these laws are quite distinct and come from completely different jurisdictions, both deal with the well-being of families during crisis or change and represent a move by both governments towards increased family rights.
Created in 1975, the Australian Family Law Act forms a crucial part of the family law system across the country. The new law significantly changed Australia’s divorce law by creating a “no-fault” clause, which meant marriages could be terminated based simply on irreconcilable differences between the partners. This has been seen as a revolutionary change which some experts attribute to the massive simplification of the divorce process across Australia. The Family Law Act also gave the court the power to issue restraining orders in cases of suspected domestic abuse and clarified custody and division of property rules in divorce or separation proceedings. The 1975 version of the Family Law Act has been repeatedly amended since its inception and remains an evolving legal doctrine.
The US-based Family and Medical Leave Act, also called the family law act or FMLA, is legislation geared towards the protection of workers and families. The central provision of this family law law is that workers should not be vulnerable to job loss to care for an infant, adopted child, or sick relative. Eligible workers, who typically must have worked at a company for at least a year, can receive up to 12 weeks of paid or unpaid leave to manage health issues or provide childcare. The 12 weeks holiday is only available once in any 12 month period.
Under the FMLA, the worker must be allowed to retain the benefits of the job while on leave and must be able to return to the same position after eligible leave. Employers who fail to comply with leave for eligible workers can be sued for retaliation or wrongful termination of an employee who requests or takes leave. Exceptions to the mandate are small businesses with fewer than 50 employees, leave to care for a sick relative who is not the worker’s parent, child or spouse, and leave granted for minor illnesses such as colds.
Some states have chosen to expand the rights granted by the FMLA to create a more comprehensive family law law. Some of the expansions include permission granted to care for injured family members who are in the military or to handle business in the event of a sudden military deployment within the family. Some states have also expanded protections to include domestic partners and children of domestic partners under the protection, to ensure that leave can still be taken for couples who do not choose or are not permitted to legally marry.
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