In this article, we use feminist theories of the state to examine why the Family and Medical Leave Act (FMLA) has had relatively little impact on increasing men’s caregiving after the birth or adoption of a child. An analysis of witness testimonies and of the language of the proposed bill at three different stages of its development revealed that as the business community became more vocal in its opposition to the bill, benefits for workers were reduced and testimonies discussing how FMLA could help alleviate gender inequality all but disappeared. We argue that making gender inequality in caregiving a focal point of discussions during the development of the bill could result in a policy that encourages men to use it and, in turn, lead to an increase in caregiving by fathers.
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