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Wage and Hour Division
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Wage and Hour Division (WHD)

Chapet 3

Use of the FMLA

Table 3.1. Coverage of Establishments and Employees Under the Family and Medical Leave Act: 1995 and 2000 Surveys

FMLA-covered establishments
Percent of Establishments 1995 Survey: 10.8%
Percent of Establishments 2000 Survey: 10.8%
Percent of Employees 1995 Survey: 59.5%
Percent of Employees 2000 Survey: 58.3%

Non-covered establishments
Percent of Establishments 1995 Survey: 89.2%
Percent of Establishments 2000 Survey: 89.2%
Percent of Employees 1995 Survey: 40.5%
Percent of Employees 2000 Survey: 41.7%

Note: Column percents may not total to 100% due to rounding.
Source: 1995 and 2000 Survey of Establishments.


Table 3.2. Characteristics of FMLA-Covered Establishments: 1995 and 2000 Surveys

Eligibility Criteria: At least 50 employees at establishment
Percent of Covered Establishments 1995 Survey: 39.1%
Percent of Covered Establishments 2000 Survey: 44.2%
Percent of Employees in Covered Establishments 1995 Survey: 90.2%
Percent of Employees in Covered Establishments 2000 Survey 91.1%

Eligibility Criteria: At least 50 employees within 75 mile radius of establishment
Percent of Covered Establishments 1995 Survey: 60.9%
Percent of Covered Establishments 2000 Survey: 55.8%
Percent of Employees in Covered Establishments 1995 Survey: 9.8%
Percent of Employees in Covered Establishments 2000 Survey: 8.9%

Number of Employees at Worksites Up too 250 employees
Percent of Covered Establishments 1995 Survey: 95.4%
Percent of Covered Establishments 2000 Survey: 94.7%
Percent of Employees in Covered Establishments 1995 Survey: 53.9%
Percent of Employees in Covered Establishments 2000 Survey: 55.7%

Number of Employees at Worksites More than 250 employees
Percent of Covered Establishments 1995 Survey: 4.6%
Percent of Covered Establishments 2000 Survey: 5.3%
Percent of Employees in Covered Establishments 1995 Survey: 46.1%
Percent of Employees in Covered Establishments 2000 Survey: 44.3%

Standard Industrial Classification Manufacturing
Percent of Covered Establishments 1995 Survey: 9.4%
Percent of Covered Establishments 2000 Survey: 13.0%
Percent of Employees in Covered Establishments 1995 Survey: 24.5%
Percent of Employees in Covered Establishments 2000 Survey: 23.1%

Standard Industrial Classification Retail
Percent of Covered Establishments 1995 Survey: 27.7%
Percent of Covered Establishments 2000 Survey: 19.6%
Percent of Employees in Covered Establishments 1995 Survey: 15.7%
Percent of Employees in Covered Establishments 2000 Survey: 14.6%

Standard Industrial Classification Services
Percent of Covered Establishments 1995 Survey: 26.2%
Percent of Covered Establishments 2000 Survey: 29.1%
Percent of Employees in Covered Establishments 1995 Survey: 34.1%
Percent of Employees in Covered Establishments 2000 Survey: 35.3%

Standard Industrial Classification All other industries
Percent of Covered Establishments 1995 Survey: 36.8%
Percent of Covered Establishments 2000 Survey: 38.2%
Percent of Employees in Covered Establishments 1995 Survey: 25.7%
Percent of Employees in Covered Establishments 2000 Survey: 27.0%

Note: Column percents may not total to 100% due to rounding.
Source: 1995 and 2000 Survey of Establishments.


Table 3.3. Demographic Characteristics of Leave-Takers by Eligibility Status: 2000 Survey

Gender: Male
Percent of Covered and Eligible Leave-Takers: 42.3%
Percent of All Other Employees: 41.2%

Gender: Female
Percent of Covered and Eligible Leave-Takers: 57.7%
Percent of All Other Employees: 58.8%

Age**: 18 - 24
Percent of Covered and Eligible Leave-Takers: 8.2%
Percent of All Other Employees: 13.2%

Age**: 25 - 34
Percent of Covered and Eligible Leave-Takers: 25.7%
Percent of All Other Employees: 31.6%

Age**: 35 - 49
Percent of Covered and Eligible Leave-Takers: 40.6%
Percent of All Other Employees: 38.0%

Age**: 50 - 64
Percent of Covered and Eligible Leave-Takers: 23.6%
Percent of All Other Employees: 14.4%

Age**: 65 or over
Percent of Covered and Eligible Leave-Takers: 1.8%
Percent of All Other Employees: 2.7%

Race/Ethnicity**: White non-Hispanic
Percent of Covered and Eligible Leave-Takers: 73.6%
Percent of All Other Employees: 81.1%

Race/Ethnicity**: Black non-Hispanic
Percent of Covered and Eligible Leave-Takers: 13.6%
Percent of All Other Employees: 5.1%

Race/Ethnicity**: Hispanic
Percent of Covered and Eligible Leave-Takers: 7.9%
Percent of All Other Employees: 8.7%

Race/Ethnicity**: Asian
Percent of Covered and Eligible Leave-Takers: 2.4%
Percent of All Other Employees: --

Race/Ethnicity**: All others
Percent of Covered and Eligible Leave-Takers: 2.5%
Percent of All Other Employees: 3.4%

Marital Status: Married/Living with partner
Percent of Covered and Eligible Leave-Takers: 74.5%
Percent of All Other Employees: 75.8%

Marital Status: Separated/Divorced/Widowed
Percent of Covered and Eligible Leave-Takers: 13.0%
Percent of All Other Employees: 12.1%

Marital Status: Never been married
Percent of Covered and Eligible Leave-Takers: 12.4%
Percent of All Other Employees: 12.1%

Children Under 18 in Household: None
Percent of Covered and Eligible Leave-Takers: 41.4%
Percent of All Other Employees: 38.6%

Children Under 18 in Household: One or more
Percent of Covered and Eligible Leave-Takers: 58.6%
Percent of All Other Employees: 61.4%

Education: Less than high school
Percent of Covered and Eligible Leave-Takers: 5.2%
Percent of All Other Employees: 7.2%

Education: High school graduate
Percent of Covered and Eligible Leave-Takers: 28.9%
Percent of All Other Employees: 26.1%

Education: Some college
Percent of Covered and Eligible Leave-Takers: 33.3%
Percent of All Other Employees: 31.7%

Education: College graduate
Percent of Covered and Eligible Leave-Takers: 21.3%
Percent of All Other Employees: 23.9%

Education: Graduate school
Percent of Covered and Eligible Leave-Takers: 11.3%
Percent of All Other Employees: 11.0%

Annual Family Income**: Less than $20,000
Percent of Covered and Eligible Leave-Takers: 10.4%
Percent of All Other Employees: 23.3%

Annual Family Income**: $20,000 to less than $30,000
Percent of Covered and Eligible Leave-Takers: 12.4%
Percent of All Other Employees: 12.3%

Annual Family Income**: $30,000 to less than $50,000
Percent of Covered and Eligible Leave-Takers: 26.7%
Percent of All Other Employees: 23.2%

Annual Family Income**: $50,000 to less than $75,000
Percent of Covered and Eligible Leave-Takers: 28.5%
Percent of All Other Employees: 20.5%

Annual Family Income**: $75,000 to less than $100,000
Percent of Covered and Eligible Leave-Takers: 13.9%
Percent of All Other Employees: 6.5%

Annual Family Income**: $100,000 or more
Percent of Covered and Eligible Leave-Takers: 8.0%
Percent of All Other Employees: 14.1%

Compensation Type**: Salaried
Percent of Covered and Eligible Leave-Takers: 39.1%
Percent of All Other Employees: 31.5%

Compensation Type**: Hourly
Percent of Covered and Eligible Leave-Takers: 55.1%
Percent of All Other Employees: 53.3%

Compensation Type**: Other
Percent of Covered and Eligible Leave-Takers: 5.8%
Percent of All Other Employees: 15.1%

** Difference between covered and eligible leave-takers and all other employees is significant at p<.05.
-- Indicates less than 10 unweighted cases.
Source: 2000 Survey of Employees.


Figure 3.1. Proportion of Employees that Have Heard of The FMLA in 2000 (Employee Survey)

Have heard of FMLA (covered): 59.3%
Have heard of FMLA (non-covered): 58.2%

Have NOT heard of FMLA (covered): 40.7%
Have NOT heard of FMLA (non-covered): 41.8%


Figure 3.2. Employee Report of Coverage Status by Actual Coverage Status: 2000 (Employee Survey)

Report Status as Covered** (covered): 37.9%
Report Status as Covered** (non-covered): 22.4%

Report Status as NOT Covered** (covered): 13.1%
Report Status as NOT Covered** (non-covered): 26.4%

Don't Know Status (covered): 49.0%
Don't Know Status (non-covered): 51.2%

** Difference between covered and non-covered is significant at p<.05.


Figure 3.3. Establishment Report of Coverage Status by Actual Coverage Status: 2000 (Employer Survey)

Report Status as Covered** (covered): 84.0%
Report Status as Covered** (non-covered): 16.1%

Report Status as NOT Covered** (covered): 1.0%
Report Status as NOT Covered** (non-covered): 28.4%

Don't Know Status (covered): 15.0%
Don't Know Status (non-covered): 55.0%

** Difference between covered and non-covered is significant at p<.05.


Table 3.4. Awareness of FMLA Among Covered and Non-covered Employees: 1995 and 2000 Surveys

Employees who have heard about FMLA
Percent of Employees Covered 1995 Survey: 59.0%
Percent of Employees Covered 2000 Survey: 59.3%
Percent of Employees Non-covered 1995 Survey: 50.2%*
Percent of Employees Non-covered 2000 Survey: 58.2%
Percent of Employees All Employees 1995 Survey: 56.0%
Percent of Employees All Employees 2000 Survey: 59.1%

Employees who have not heard about FMLA
Percent of Employees Covered 1995 Survey: 41.0%
Percent of Employees Covered 2000 Survey: 40.7%
Percent of Employees Non-covered 1995 Survey: 49.8%*
Percent of Employees Non-covered 2000 Survey: 41.8%
Percent of Employees All Employees 1995 Survey: 44.0%
Percent of Employees All Employees 2000 Survey: 40.9%

* Difference between 1995 and 2000 is significant at p<.10.
Source: 1995 and 2000 Survey of Employees.


Figure 3.4. Covered Establishment Reported FMLA Coverage Status: 1995 and 2000 (Establishment Survey)

Report Status as Covered** (covered): 86.5%
Report Status as Covered** (non-covered): 84.0%

Report Status as NOT Covered** (covered): 1.2%
Report Status as NOT Covered** (non-covered): 1.0%

Don't Know Status (covered): 12.3%
Don't Know Status (non-covered): 15.0%


Figure 3.5. Non-covered Establishment Reported FMLA Coverage Status: 1995 and 2000 (Establishment Survey)

Report Status as Covered** (covered): 8.3%
Report Status as Covered** (non-covered): 16.1%

Report Status as NOT Covered** (covered): 35.2%
Report Status as NOT Covered** (non-covered): 28.4%

Don't Know Status (covered): 56.5%
Don't Know Status (non-covered): 55.5%


Table 3.5. Employees Taking Their Longest Leave Under FMLA:(1) 1995 and 2000 Surveys

Taking Longest Leave Under FMLA: Percent of all employees**
Percent 1995 Survey: 1.2%
Percent 2000 Survey: 1.9%

Taking Longest Leave Under FMLA: Percent of all leave-takers**
Percent 1995 Survey: 7.2%
Percent 2000 Survey: 11.7%

Taking Longest Leave Under FMLA: Percent of all covered and eligible leave-takers**
Percent 1995 Survey: 11.6%
Percent 2000 Survey: 18.3%

1) Estimate derived from employees who were covered and eligible at time of longest leave.
** Difference between 1995 and 2000 is significant at p<.05.
Source: 1995 and 2000 Survey of Employees.


Table 3.6. Establishment Size and Industry Differences in Ratio of FMLA Leave-Takers:(1) 1995 and 2000 Surveys

Establishment Size: Up to 250 employees**
Ratio of Employees Taking Leave Under FMLA per 100 Employees 1995 Survey: 2.4
Ratio of Employees Taking Leave Under FMLA per 100 Employees 2000 Survey: 5.5

Establishment Size: More than 250 employees**
Ratio of Employees Taking Leave Under FMLA per 100 Employees 1995 Survey: 5.3
Ratio of Employees Taking Leave Under FMLA per 100 Employees 2000 Survey: 8.9

Industry: Manufacturing**
Ratio of Employees Taking Leave Under FMLA per 100 Employees 1995 Survey: 4.4
Ratio of Employees Taking Leave Under FMLA per 100 Employees 2000 Survey: 9.3

Industry: Retail**
Ratio of Employees Taking Leave Under FMLA per 100 Employees 1995 Survey: 2.0
Ratio of Employees Taking Leave Under FMLA per 100 Employees 2000 Survey: 5.9

Industry: Services**
Ratio of Employees Taking Leave Under FMLA per 100 Employees 1995 Survey: 3.7
Ratio of Employees Taking Leave Under FMLA per 100 Employees 2000 Survey: 6.2

Industry: All other industries**
Ratio of Employees Taking Leave Under FMLA per 100 Employees 1995 Survey: 3.6
Ratio of Employees Taking Leave Under FMLA per 100 Employees 2000 Survey: 6.3

All Covered Establishments
Ratio of Employees Taking Leave Under FMLA per 100 Employees 1995 Survey: 3.6
Ratio of Employees Taking Leave Under FMLA per 100 Employees 2000 Survey: 6.5

(1) Per 100 employees.
** Difference between 1995 and 2000 is significant at p<.05.
Source: 1995 and 2000 Survey of Establishments.


Table 3.7. Intermittent Use of Longest Leave Taken Under FMLA:(1) 2000 Survey

Longest Leave Was: Intermittent
Percent of Leave-Takers Under FMLA: 19.1%

Longest Leave Was: Not intermittent
Percent of Leave-Takers Under FMLA: 80.9%

(1) Estimate derived from employees who were covered and eligible at time of longest leave.
Source: 2000 Survey of Employees.


Table 3.8. Reasons for Longest Leave Taken Under FMLA:(1) 1995 and 2000 Surveys

Reason for Longest Leave: Own health
Percent of Leave-Takers Under FMLA1995 Survey: 48.1%
Percent of Leave-Takers Under FMLA1995 Survey: 37.8%

Reason for Longest Leave: Maternity-disability
Percent of Leave-Takers Under FMLA1995 Survey: 11.3%
Percent of Leave-Takers Under FMLA1995 Survey: 10.9%

Reason for Longest Leave: Care for a newborn, newly adopted, or newly placed foster child
Percent of Leave-Takers Under FMLA1995 Survey: 21.2%
Percent of Leave-Takers Under FMLA1995 Survey: 24.4%

Reason for Longest Leave: Care for ill child
Percent of Leave-Takers Under FMLA1995 Survey: --
Percent of Leave-Takers Under FMLA1995 Survey: 13.5%

Reason for Longest Leave: Care for ill spouse
Percent of Leave-Takers Under FMLA1995 Survey: --
Percent of Leave-Takers Under FMLA1995 Survey: --

Reason for Longest Leave: Care for ill parent
Percent of Leave-Takers Under FMLA1995 Survey: --
Percent of Leave-Takers Under FMLA1995 Survey: 10.6%

(1) Estimate derived from employees who were covered and eligible at time of longest leave.
-- Indicates less than 10 unweighted cases.
Source: 1995 and 2000 Survey of Employees.


Table 3.9. Employees Choosing Not to Return to Work After Taking Longest Leave Under FMLA: 1995 and 2000 Surveys

Returned to work for the same employer
Percent of Leave-Takers Under FMLA 1995 Survey: 97.8%
Percent of Leave-Takers Under FMLA 2000 Survey: 98.0%

Chose not to return after their leave(1)
Percent of Leave-Takers Under FMLA 1995 Survey: --
Percent of Leave-Takers Under FMLA 2000 Survey: --

(1) Estimate derived from employees who were covered and eligible at time of longest leave. Includes employees who went to work for another employer as well as those who chose to not return to work at all.
-- Indicates less than 10 unweighted cases.
Source: 1995 and 2000 Survey of Employees