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December 2, 2008    DOL Home > News Release Archives > OSEC/OPA 1995   

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Archived News Release--Caution: information may be out of date.

U.S. DEPARTMENT OF LABOR

Office of Public Affairs

FAMILY AND MEDICAL LEAVE COMMISSION SURVEY OF WORKERS & EMPLOYERS SHATTERS MYTHS ABOUT KNOWLEDGE, USE OF ACT

Thurs., Oct. 19, 1995

For more information call: 202-219-8211.

Two scientific surveys of American workers and their bosses who have used leave available under the historic Family and Medical Leave Act (FMLA) may shatter some myths about its uses.

The survey of U.S. workers found that women and men are using the leave benefits almost equally. According to the survey, women comprised 58 percent of leave-takers and men 42 percent. Men were more likely to use the act as a result of their own personal illness, while women used the act to care for seriously ill family members more often than their male colleagues.

The FMLA took effect in August 1993 and required that businesses with 50 or more employees grant workers up to 12 weeks of unpaid leave to attend to their own serious health condition, the serious illness of a child, parent or spouse or the birth or adoption of a child.

About three percent of the workforce eligible to use the act has used the unpaid leave benefit. Most who could have used the act but did not said they were unable to take additional time off from work because their families could not afford it. The surveys were released today by the Family and Medical Leave Commission, which was established as part of the FMLA. .

Workers said they took family and medical leave most often to address their own serious illness. And workers reported that leave to care for an ill child, parent or spouse were usually of a short duration. Average length of leave was found to be about 37 days, despite up to 12 weeks of leave being made available under the law.

"The results of this survey indicate that family-friendly benefits support American workers and are good for American business. The law has definitely been worth the battle President Clinton waged to win passage," said Labor Secretary Robert B. Reich, a member of the bipartisan commission. Reich's department administers the new law, the first legislation signed by President Clinton.

"The survey is scientific confirmation of what we have seen through our administration of this new workplace benefit. Employees are finding the leave critical to their family and health care needs. Employers are having little difficulty administering the benefits and in some cases find it actually reduces turnover rates and improves productivity."

The survey showed that about 90 percent of employers affected by the new law reported no costs or small costs associated with administering the act. More than 85 percent of firms reported "no noticeable effect" on employee turnover, absences or productivity.

The survey of employers also indicates that in many circumstances, businesses are finding the act has positive benefits. About two-thirds of firms with more than 250 employees said family and medical leave had a positive effect in helping employees care for family members.

Reich said the Wage and Hour Division, the Labor Department agency charged by Congress with enforcing and administering the act, has received approximately 3,000 complaints since the act took effect in August 1993. Most of those complaints were resolved by phone and only a handful have resulted in court action.

"This act really points out the best of corporate America and U.S. workers," Reich said. "Given the opportunity to provide this important family benefit, most employers have embraced it and helped their employees use it. And clearly, it is a benefit that American workers have not abused but found very, very helpful in times of health or medical crisis."

The random telephone survey of 2,254 employees nationwide was conducted for the bipartisan commission by the Survey Research Center of the University of Michigan. The Maryland-based Westat research firm conducted a survey of 1,206 private-sector employers. Both employees and employers were asked about the same 18-month period beginning in January 1994. The commission is chaired by Sen. Christopher Dodd, D-CT.

Copies of the survey are available by calling Anne Bookman at (202) 219- 6611. Information about the Family and Medical Leave Act is available through the Office of Public Affairs, Employment Standards Administration(202) 219- 8743.

 



Fact Sheet on the Survey of Employers 
about the Family and Medical Leave Act

þ      Two-thirds of companies expanded their leave policies because of the FMLA.
       Sixty-six percent of FMLA-covered firms expanded their leave policies to   comply with the new law.
                                                                                  The most common changes
                                                                                  reported were:
       76.9 percent expanded the number of reasons leave can now be taken 
       69.3 percent now allow males to take leave to care for sick or newborn or newly adopted children
       66.4 percent expanded the length of leave available
       54.8 percent now provide job-guaranteed leave
       52.9 percent now continue health insurance during leave

þ      After only two years, 86 percent of companies that are covered by the FMLA know they are covered.

þ      Most employers report no problems or excessive costs in complying with the FMLA.   Between 89 and
       98 percent of FMLA-covered firms report no costs or small costs related to administration, hiring and
       training, and continuation of benefits. This is also evident in the fact that virtually all FMLA covered
       firms (98.7 percent) report no reduction in benefits to offset FMLA related costs.

þ      The majority of employers report "no noticeable effect" on their overall business performance.
       Between 86-96  percent of FMLA covered firms report that business productivity (86.4 percent),
       profitability (92.5 percent)and growth (95.8 percent) were not affected by the law.

þ      For FMLA covered-employers reporting a noticeable effect, the positives outweigh the negatives. 
       About one third of FMLA-covered firms report a positive effect of FMLA in helping employees care for
       family members.  This positive effect jumps to two thirds for firms with over 250 employees.

Methodology
The Commission on Leave contracted with the Westat research firm in Rockville, MD to conduct a survey of the
impact of the Family and Medical Leave Act on U.S. private-sector establishments.  Data were collected by
telephone interviews with employers representing a national probability sample of 1,206 U.S. private 
establishments.  The survey captures the views of both FMLA covered and non-covered firms, including large
and small businesses.  


þ      10.8% of all private establishments in the U.S. are included under FMLA guidelines.  These
       establishments account for 59.5% of the employees who work in the private sector.

þ      Taking the eligibility requirements of FMLA into account, slightly less that one-half (46.5%)of the
       employees in private U.S. establishments are eligible to take leave under the Act.

þ      Of FMLA covered establishments, 86.5% report knowledge of the Act based on whether the Act applied
       to their establishment. 

þ      Utilization of the Act:  Across all covered establishments, the ratio of employees taking leave under
       FMLA to all employees within covered establishments is 3.6 for every 100 employees.

þ      FMLA covered establishments with 50 to 250 employees are less likely to have used FMLA (2.4 for
       every 100 employees) than larger FMLA covered establishments with 250 or more employees (5.3 times
       for every 100 employees).  Manufacturing establishments  report more employees taking leave under the
       Act (4.4 per 100) than retail establishments (2.0 per 100).

Impact of FMLA on Employers' Leave Policies

Sixty-six percent of FMLA covered firms changed their leave policies (i.e. introduced new policies or
expanded existing policies) to comply with the new law. 

Among FMLA covered employers, the most common changes reported were:



Costs and Benefits

The majority of employers report that implementing the FMLA  has been "very easy" or "somewhat easy."  For
example:
þ      92.0% said determining employee eligibility was very/somewhat easy
þ      91.8% said determining whether the Act applies to their establishment was very/somewhat easy.
þ      81.1% said coordinating state and federal leave policies was very/ somewhat easy.
þ      78.9 said coordinating the Act with pre-existing leave policies was very/somewhat easy to manage.
þ      76% said that additional record-keeping necessary for the Act was very or somewhat easy.

Costs Related to Implementation    
A majority of FMLA-covered firms reported either "no increase" or a "small increase" in costs due to FMLA, as
follows:

þ      Administrative costs - 89.2% no/small increase in costs
þ      Continuation of Benefits - 93.4% no/small increase
þ      Hiring/training costs - 94.8% no/small increase

FMLA Does Not Impose a Burden on Business 

Between 85% to 96% of the establishments covered by FMLA currently report "no noticeable effect" of the Act
on business productivity (86.4%), profitability (92.5%), and growth (95.8%).

A similar proportion of FMLA covered firms found "no noticeable effect" on employee turnover (94.7),
employee absences (89.5%) and employee productivity (82.7%).

Two particular issues were of concern before passage of the Act
How would work be covered? Would benefits need to be reduced?

* Covering the work of leave-takers also does not appear to present a problem. Assigning work temporarily
to other employees (97.1%) and hiring an outside temporary replacement (60.5%) are the most prevalent
methods used by FMLA-covered organizations to cover work while an employee is on leave.

* Benefits were not reduced.  98.7% of FMLA covered firms reported that they did not have to reduce benefits
to offset the costs associated with implementing FMLA.  This was true for large and small FMLA-covered firms
across industries.
Benefits of FMLA to Business

Although most FMLA covered firms state that the Act has had "no noticeable effect," they also report that the
positives outweigh the negatives.  This is especially true about the Act's impact on helping employees to
balance work and family responsibilities.

* Employees ability to care for Family members
       34.1% - positive effect
        0.2% - negative effect
* Employee Productivity
       12.6% - positive effect
        4.7% - negative effect
* Employee Career Advancement
        8.3% - positive effect
        0.8% - negative effect
* Employee Turnover
        4.9% - positive effect
         .4% - negative effect
* Employee Absences
        5.9% - positive effect
        4.6% - negative effect

Larger establishments (more than 250 employees) report a larger positive impact of the Act (61.1%) on the
employee's ability to care for a family members than smaller FMLA covered firms(32.6%).

Expectations of Non-Covered Establishments about FMLA

Businesses that are not covered by FMLA were asked to consider the effect of complying with the law should the
Act be extended to cover them in the future. Westat states, "These results contrast sharply with the actual
experiences of FMLA covered firms." 

On the issue of overall businesses performance, these companies are fairly evenly divided between those who
predict "no noticeable effect" or a "negative effect." 
* Business Productivity
       46.1% - no noticeable effect
       46.8% - negative effect
* Business Profitability
       48.0% - no noticeable effect
       46.6% - negative effect
* Business Growth
       62.2% - no noticeable effect
       33.8% - negative effect

On the issue of overall employee performance, the majority of these companies predict "no noticeable effect" and
a small "negative effect." For example, employee turnover (73.7% vs.15%), career advancement (85.5% vs.
8.5%), employee absences (64.% vs. 28.1), employee productivity (56.8% vs. 31.0%) and ability to care for
family (49% vs. 8.2%).





Archived News Release--Caution: information may be out of date.




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