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Wage and Hour Division
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Wage and Hour Division (WHD)

Chapter 5

Family and Medical Leave Policies and Practices of U.S. Establishments

Table 5.1. Family and Medical Leave Policies by FMLA Coverage Status: Reasons for Which Up to 12 Weeks of Leave is Provided: 2000 Survey

Establishment Provides Leave For: (1): Employee's Own Serious Health Condition**: Yes
Percent of Covered Establishments: 91.9%
Percent of Non-covered Establishments: 66.4%
Percent of All Establishments: 69.2%

Establishment Provides Leave For: (1): Employee's Own Serious Health Condition**: No
Percent of Covered Establishments: 2.8%
Percent of Non-covered Establishments: 21.3%
Percent of All Establishments: 19.3%

Establishment Provides Leave For: (1): Employee's Own Serious Health Condition**: Depends on circumstances
Percent of Covered Establishments: 5.3%
Percent of Non-covered Establishments: 12.2%
Percent of All Establishments: 11.5%


Establishment Provides Leave For: (1): Mother's Maternity-Related Reasons**: Yes
Percent of Covered Establishments: 94.1%
Percent of Non-covered Establishments: 65.7%
Percent of All Establishments: 68.8%

Establishment Provides Leave For: (1): Mother's Maternity-Related Reasons**: No
Percent of Covered Establishments: 3.4%
Percent of Non-covered Establishments: 23.2%
Percent of All Establishments: 21.0%

Establishment Provides Leave For: (1): Mother's Maternity-Related Reasons**: Depends on circumstances
Percent of Covered Establishments: 2.5%
Percent of Non-covered Establishments: 11.1%
Percent of All Establishments: 10.1%


Establishment Provides Leave For: (1): Parents to Care for Newborn**: Yes
Percent of Covered Establishments: 87.8%
Percent of Non-covered Establishments: 50.5%
Percent of All Establishments: 54.5%

Establishment Provides Leave For: (1): Parents to Care for Newborn**: No
Percent of Covered Establishments: 5.1%
Percent of Non-covered Establishments: 33.5%
Percent of All Establishments: 30.4%

Establishment Provides Leave For: (1): Parents to Care for Newborn**: Depends on circumstances
Percent of Covered Establishments: 7.2%
Percent of Non-covered Establishments: 16.1%
Percent of All Establishments: 15.1%


Establishment Provides Leave For: (1): Parents for Adoption or Foster Care Placement** : Yes
Percent of Covered Establishments: 85.7%
Percent of Non-covered Establishments: 43.5%
Percent of All Establishments: 48.1%

Establishment Provides Leave For: (1): Parents for Adoption or Foster Care Placement** : No
Percent of Covered Establishments: 6.6%
Percent of Non-covered Establishments: 35.9%
Percent of All Establishments: 32.7%

Establishment Provides Leave For: (1): Parents for Adoption or Foster Care Placement** : Depends on circumstances
Percent of Covered Establishments: 7.7%
Percent of Non-covered Establishments: 20.6%
Percent of All Establishments: 19.2%


Establishment Provides Leave For: (1): Care of Child, Spouse, or Parent for Serious Health Condition** : Yes
Percent of Covered Establishments: 88.6%
Percent of Non-covered Establishments: 57.1%
Percent of All Establishments: 60.6%

Establishment Provides Leave For: (1): Care of Child, Spouse, or Parent for Serious Health Condition** : No
Percent of Covered Establishments: 4.6%
Percent of Non-covered Establishments: 29.3%
Percent of All Establishments: 26.6%

Establishment Provides Leave For: (1): Care of Child, Spouse, or Parent for Serious Health Condition** : Depends on circumstances
Percent of Covered Establishments: 6.8%
Percent of Non-covered Establishments: 13.6%
Percent of All Establishments: 12.9%


Establishment Provides Leave For: (1): All of Above FMLA Reasons**: Yes
Percent of Covered Establishments: 83.7%
Percent of Non-covered Establishments: 33.5%
Percent of All Establishments: 39.1%

Establishment Provides Leave For: (1): All of Above FMLA Reasons** : No or Depends on circumstances
Percent of Covered Establishments: 16.3%
Percent of Non-covered Establishments: 66.5%
Percent of All Establishments: 60.9%

(1) Order of items was changed in the 2000 survey.
** Difference between covered and non-covered establishments is significant at p<.05.
Notes: Column percents may not total to 100% due to rounding. Includes establishments that provide up to 12 weeks of unpaid leave.
Source: 2000 Survey of Establishments.


Figure 5.1. Comparison of Covered and Non-covered Establishment Policies for Providing Up to 12 Weeks of Unpaid Leave for All FMLA Reasons: 2000 Survey

Yes (covered): 83.7%%
Yes (Non-covered): 33.5%%

No or Depends (covered): 16.3%
No or Depends (Non-covered): 66.5%

Provide Leave for All FMLA Reasons**

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


Figure 5.2. Percent of Covered and Non-covered Establishments that Provided Up to 12 Weeks of Unpaid Leave for All FMLA Reasons in 1995 and 2000 Surveys

Covered Establishments 1995 Survey: 88.0%
Covered Establishments 2000 Survey: 83.7%

Non-covered Establishments** 1995 Survey: 20.7%
Non-covered Establishments** 2000 Survey: 33.5%

All Establishments 1995 Survey: 27.9%
All Establishments 2000 Survey: 39.1%

Difference between1995 and 2000 is significant at p<.05.


Table 5.2. Family and Medical Leave Policies by FMLA Coverage Status: Continuation of Health Care Benefits: 2000 Survey

Establishment Continues Health Care Benefits For: (1): Employee's Own Serious Health Condition: Yes
Percent of Covered Establishments: 87.0%
Percent of Non-covered Establishments: 84.0%
Percent of All Establishments: 84.5%

Establishment Continues Health Care Benefits For: (1): Employee's Own Serious Health Condition: No
Percent of Covered Establishments: 0.8%
Percent of Non-covered Establishments: 4.4%
Percent of All Establishments: 3.8%

Establishment Continues Health Care Benefits For: (1): Employee's Own Serious Health Condition: Depends on circumstances
Percent of Covered Establishments: 12.2%
Percent of Non-covered Establishments: 11.6%
Percent of All Establishments: 11.7%


Establishment Continues Health Care Benefits For: (1): Mother's Maternity-Related Reasons: Yes
Percent of Covered Establishments: 91.0%
Percent of Non-covered Establishments: 89.0%
Percent of All Establishments: 89.3%

Establishment Continues Health Care Benefits For: (1): Mother's Maternity-Related Reasons: No
Percent of Covered Establishments: --
Percent of Non-covered Establishments: 2.4%
Percent of All Establishments: 2.1%

Establishment Continues Health Care Benefits For: (1): Mother's Maternity-Related Reasons: Depends on circumstances
Percent of Covered Establishments: 8.4%
Percent of Non-covered Establishments: 8.6%
Percent of All Establishments: 8.6%


Establishment Continues Health Care Benefits For: (1): Parents to Care for Newborn**: Yes
Percent of Covered Establishments: 89.4%
Percent of Non-covered Establishments: 78.0%
Percent of All Establishments: 80.1%

Establishment Continues Health Care Benefits For: (1): Parents to Care for Newborn**: No
Percent of Covered Establishments: 1.2%
Percent of Non-covered Establishments: 7.1%
Percent of All Establishments: 6.0%

Establishment Continues Health Care Benefits For: (1): Parents to Care for Newborn**: Depends on circumstances
Percent of Covered Establishments: 9.4%
Percent of Non-covered Establishments: 14.9%
Percent of All Establishments: 13.9%


Establishment Continues Health Care Benefits For: (1): Parents for Adoption or Foster Care Placement**: Yes
Percent of Covered Establishments: 89.4%
Percent of Non-covered Establishments: 76.2%
Percent of All Establishments: 78.7%

Establishment Continues Health Care Benefits For: (1): Parents for Adoption or Foster Care Placement**: No
Percent of Covered Establishments: 1.3%
Percent of Non-covered Establishments: 6.6%
Percent of All Establishments: 5.6%

Establishment Continues Health Care Benefits For: (1): Parents for Adoption or Foster Care Placement**: Depends on circumstances
Percent of Covered Establishments: 9.3%
Percent of Non-covered Establishments: 17.2%
Percent of All Establishments: 15.7%


Establishment Continues Health Care Benefits For: (1): Care of Child, Spouse, or Parent for Serious Health Condition **: Yes
Percent of Covered Establishments: 85.1%
Percent of Non-covered Establishments: 81.7%
Percent of All Establishments: 82.3%

Establishment Continues Health Care Benefits For: (1): Care of Child, Spouse, or Parent for Serious Health Condition **: No
Percent of Covered Establishments: 1.4%
Percent of Non-covered Establishments: 4.0%
Percent of All Establishments: 3.5%

Establishment Continues Health Care Benefits For: (1): Care of Child, Spouse, or Parent for Serious Health Condition **: Depends on circumstances
Percent of Covered Establishments: 13.5%
Percent of Non-covered Establishments: 14.4%
Percent of All Establishments: 14.2%

(1) Order of items was changed in the 2000 survey.
** Difference between covered and non-covered establishments is significant at p<.05.
-- Indicates less than 10 unweighted cases.
Notes: Column percents may not total to 100% due to rounding. Includes establishments that provide up to 12 weeks of unpaid leave.
Source: 2000 Survey of Establishments.


Table 5.3. Family and Medical Leave Policies by FMLA Coverage Status: Reasons for Which Job Return is Guaranteed: 2000 Survey

Establishment Guarantees Job For: (1): Employee's Own Serious Health Condition: Yes
Percent of Covered Establishments: 94.1%
Percent of Non-covered Establishments: 88.5%
Percent of All Establishments: 89.2%

Establishment Guarantees Job For: (1): Employee's Own Serious Health Condition: No
Percent of Covered Establishments: --
Percent of Non-covered Establishments: 1.5%
Percent of All Establishments: 1.3%

Establishment Guarantees Job For: (1): Employee's Own Serious Health Condition: Depends on circumstances
Percent of Covered Establishments: 5.5%
Percent of Non-covered Establishments: 10.0%
Percent of All Establishments: 9.4%


Establishment Guarantees Job For: (1): Mother's Maternity-Related Reasons*: Yes
Percent of Covered Establishments: 98.2%
Percent of Non-covered Establishments: 93.2%
Percent of All Establishments: 93.9%

Establishment Guarantees Job For: (1): Mother's Maternity-Related Reasons*: No
Percent of Covered Establishments: --
Percent of Non-covered Establishments: 1.3%
Percent of All Establishments: 1.2%

Establishment Guarantees Job For: (1): Mother's Maternity-Related Reasons*: Depends on circumstances
Percent of Covered Establishments: 1.6%
Percent of Non-covered Establishments: 5.5%
Percent of All Establishments: 5.0%


Establishment Guarantees Job For: (1): Parents to Care for Newborn: Yes
Percent of Covered Establishments: 96.7%
Percent of Non-covered Establishments: 93.8%
Percent of All Establishments: 94.2%

Establishment Guarantees Job For: (1): Parents to Care for Newborn: No
Percent of Covered Establishments: --
Percent of Non-covered Establishments: 1.9%
Percent of All Establishments: 1.7%

Establishment Guarantees Job For: (1): Parents to Care for Newborn: Depends on circumstances
Percent of Covered Establishments: 2.8%
Percent of Non-covered Establishments: 4.3%
Percent of All Establishments: 4.0%


Establishment Guarantees Job For: (1): Parents for Adoption or Foster Care Placement : Yes
Percent of Covered Establishments: 93.8%
Percent of Non-covered Establishments: 89.7%
Percent of All Establishments: 90.3%

Establishment Guarantees Job For: (1): Parents for Adoption or Foster Care Placement : No
Percent of Covered Establishments: --
Percent of Non-covered Establishments: --
Percent of All Establishments: 1.3%

Establishment Guarantees Job For: (1): Parents for Adoption or Foster Care Placement : Depends on circumstances
Percent of Covered Establishments: 5.6%
Percent of Non-covered Establishments: 8.9%
Percent of All Establishments: 8.4%


Establishment Guarantees Job For: (1): Care of Child, Spouse, or Parent for Serious Health Condition: Yes
Percent of Covered Establishments: 93.4%
Percent of Non-covered Establishments:87.7%
Percent of All Establishments: 88.5%

Establishment Guarantees Job For: (1): Care of Child, Spouse, or Parent for Serious Health Condition: No
Percent of Covered Establishments: --
Percent of Non-covered Establishments: 1.4%
Percent of All Establishments: 1.3%

Establishment Guarantees Job For: (1): Care of Child, Spouse, or Parent for Serious Health Condition: Depends on circumstances
Percent of Covered Establishments: 5.8%
Percent of Non-covered Establishments: 10.9%
Percent of All Establishments: 10.2%

1) Order of items was changed in the 2000 survey.
* Difference between covered and non-covered establishments is significant at p<.10.
** Difference between covered and non-covered establishments is significant at p<.05.
-- Indicates less than 10 unweighted cases.
Notes: Column percents may not total to 100% due to rounding. Includes establishments that provide up to 12 weeks of unpaid leave.
Source: 2000 Survey of Establishments.


Table 5.4. Provision of Leave Beyond that Guaranteed by FMLA by Coverage Status: 2000 Survey

More Than 12 Weeks Per Year: Yes
Percent of Covered Establishments: 22.9%
Percent of Non-covered Establishments: 21.1%
Percent of All Establishments: 21.4%

More Than 12 Weeks Per Year: No
Percent of Covered Establishments: 49.6%
Percent of Non-covered Establishments: 52.7%
Percent of All Establishments: 52.3%

More Than 12 Weeks Per Year:: Depends on circumstances
Percent of Covered Establishments: 27.5%
Percent of Non-covered Establishments: 26.1%
Percent of All Establishments: 26.3%


Employees Who Have Worked for Establishment Less Than 12 Months: Yes
Percent of Covered Establishments: 28.7%
Percent of Non-covered Establishments: 28.0%
Percent of All Establishments: 28.1%

Employees Who Have Worked for Establishment Less Than 12 Months: No
Percent of Covered Establishments: 43.6%
Percent of Non-covered Establishments: 45.0%
Percent of All Establishments: 44.8%

Employees Who Have Worked for Establishment Less Than 12 Months: Depends on circumstances
Percent of Covered Establishments: 27.7%
Percent of Non-covered Establishments: 27.0%
Percent of All Establishments: 27.1%


Employees Who Have Worked for Less Than 1,250 Hours in the Past Year: Yes
Percent of Covered Establishments: 27.0%
Percent of Non-covered Establishments: 26.8%
Percent of All Establishments: 26.8%

Employees Who Have Worked for Less Than 1,250 Hours in the Past Year: No
Percent of Covered Establishments: 45.9%
Percent of Non-covered Establishments: 44.9%
Percent of All Establishments: 45.0%

Employees Who Have Worked for Less Than 1,250 Hours in the Past Year: Depends on circumstances
Percent of Covered Establishments: 27.0%
Percent of Non-covered Establishments: 28.3%
Percent of All Establishments: 28.2%

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


Figure 5.3. Comparison of Covered and Non-covered Establishment Policies for Leave Not Covered by FMLA: 2000 Survey

Attending School Functions (covered)** Yes: 68.4%
Attending School Functions (non-covered)** Yes: 76.2%
Attending School Functions (covered)** No: 22.2%
Attending School Functions (non-covered)** No: 18.7%
Attending School Functions (covered)** Depends: 9.4%
Attending School Functions (non-covered)** Depends: 5.1%

Routine Medical Care (covered)** Yes: 73.4%
Routine Medical Care (non-covered)** Yes: 84.6%
Routine Medical Care (covered)** No: 20.1%
Routine Medical Care (non-covered)** No: 12.1%
Routine Medical Care (covered)** Depends: 6.5%
Routine Medical Care (non-covered)** Depends: 3.3%

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


Table 5.5. Continuation of Pay During Leave by FMLA Coverage Status: 2000 Survey

Establishment Provides: Paid Sick Leave: Yes
Percent of Covered Establishments: 74.3%
Percent of Non-covered Establishments: 62.7%
Percent of All Establishments: 63.9%

Establishment Provides: Paid Sick Leave: No
Percent of Covered Establishments: 17.9%
Percent of Non-covered Establishments: 26.7%
Percent of All Establishments: 25.7%

Establishment Provides: Paid Sick Leave: Depends on circumstances
Percent of Covered Establishments: 7.9%
Percent of Non-covered Establishments: 10.7%
Percent of All Establishments: 10.3%


Establishment Provides: Paid Disability Leave**: Yes
Percent of Covered Establishments: 62.7%
Percent of Non-covered Establishments: 39.4%
Percent of All Establishments: 42.0%

Establishment Provides: Paid Disability Leave**: No
Percent of Covered Establishments: 24.6%
Percent of Non-covered Establishments: 48.3%
Percent of All Establishments: 45.7%

Establishment Provides: Paid Disability Leave**: Depends on circumstances
Percent of Covered Establishments: 12.7%
Percent of Non-covered Establishments: 12.3%
Percent of All Establishments: 12.3%


Establishment Provides: Paid Vacation**: Yes
Percent of Covered Establishments: 94.7%
Percent of Non-covered Establishments: 80.1%
Percent of All Establishments: 81.7%

Establishment Provides: Paid Vacation**: No
Percent of Covered Establishments: 0.9%
Percent of Non-covered Establishments: 13.1%
Percent of All Establishments: 11.8%

Establishment Provides: Paid Vacation**: Depends on circumstances
Percent of Covered Establishments: 4.4%
Percent of Non-covered Establishments: 6.8%
Percent of All Establishments: 6.5%


Establishment Provides: Other Paid Time Off**: Yes
Percent of Covered Establishments: 43.3%
Percent of Non-covered Establishments: 18.5%
Percent of All Establishments: 21.2%

Establishment Provides: Other Paid Time Off**: No
Percent of Covered Establishments: 54.8%
Percent of Non-covered Establishments: 78.4%
Percent of All Establishments: 75.8%

Establishment Provides: Other Paid Time Off**: Depends on circumstances
Percent of Covered Establishments: 1.9%
Percent of Non-covered Establishments: 3.1%
Percent of All Establishments: 2.9%

** Difference between covered and non-covered establishments is significant at p<.05.
Note: Column percents may not total to 100% due to rounding.
Source: 2000 Survey of Establishments.


Table 5.6. Continuation of Pay During Leave by FMLA Coverage Status: Reasons for Which Pay is Continued: 2000 Survey

Establishment Continues Pay During Leave For: Parents to Care for Newborn: Full pay
Percent of Covered Establishments: 17.3%
Percent of Non-covered Establishments: 24.9%
Percent of All Establishments: 24.0%

Establishment Continues Pay During Leave For: Parents to Care for Newborn: Partial pay
Percent of Covered Establishments: 6.0%
Percent of Non-covered Establishments: 7.2%
Percent of All Establishments: 7.0%

Establishment Continues Pay During Leave For: Parents to Care for Newborn: Depends on circumstances
Percent of Covered Establishments: 22.7%
Percent of Non-covered Establishments: 17.6%
Percent of All Establishments: 18.2%

Establishment Continues Pay During Leave For: Parents to Care for Newborn: No Pay
Percent of Covered Establishments: 54.1%
Percent of Non-covered Establishments: 50.4%
Percent of All Establishments: 50.8%


Establishment Continues Pay During Leave For: Parents for Adoption or Foster Care Placement: Full pay
Percent of Covered Establishments: 16.5%
Percent of Non-covered Establishments: 20.1%
Percent of All Establishments: 19.8%

Establishment Continues Pay During Leave For: Parents for Adoption or Foster Care Placement: Partial pay
Percent of Covered Establishments: 2.7%
Percent of Non-covered Establishments: 3.5%
Percent of All Establishments: 3.5%

Establishment Continues Pay During Leave For: Parents for Adoption or Foster Care Placement: Depends on circumstances
Percent of Covered Establishments: 20.5%
Percent of Non-covered Establishments: 19.8%
Percent of All Establishments: 19.9%

Establishment Continues Pay During Leave For: Parents for Adoption or Foster Care Placement: No Pay
Percent of Covered Establishments: 60.3%
Percent of Non-covered Establishments: 56.5%
Percent of All Establishments: 56.9%


Establishment Continues Pay During Leave For: Employee's Own Serious Health Condition*: Full pay
Percent of Covered Establishments: 32.9%
Percent of Non-covered Establishments: 39.3%
Percent of All Establishments: 38.6%

Establishment Continues Pay During Leave For: Employee's Own Serious Health Condition*: Partial pay
Percent of Covered Establishments: 17.0%
Percent of Non-covered Establishments: 6.5%
Percent of All Establishments: 7.6%

Establishment Continues Pay During Leave For: Employee's Own Serious Health Condition*: Depends on circumstances
Percent of Covered Establishments: 20.3%
Percent of Non-covered Establishments: 19.8%
Percent of All Establishments: 19.8%

Establishment Continues Pay During Leave For: Employee's Own Serious Health Condition*: No Pay
Percent of Covered Establishments: 29.8%
Percent of Non-covered Establishments: 34.5%
Percent of All Establishments: 33.9%


Establishment Continues Pay During Leave For: Mother's Maternity-Related Reasons*: Full pay
Percent of Covered Establishments: 30.7%
Percent of Non-covered Establishments: 34.9%
Percent of All Establishments: 34.4%

Establishment Continues Pay During Leave For: Mother's Maternity-Related Reasons*: Partial pay
Percent of Covered Establishments: 18.1%
Percent of Non-covered Establishments: 6.3%
Percent of All Establishments: 7.6%

Establishment Continues Pay During Leave For: Mother's Maternity-Related Reasons*: Depends on circumstances
Percent of Covered Establishments: 16.3%
Percent of Non-covered Establishments: 15.2%
Percent of All Establishments: 15.4%

Establishment Continues Pay During Leave For: Mother's Maternity-Related Reasons*: No Pay
Percent of Covered Establishments: 35.0%
Percent of Non-covered Establishments: 43.6%
Percent of All Establishments: 42.7%


Establishment Continues Pay During Leave For: Care of Child, Spouse, or Parent for Serious Health Condition*: Full pay
Percent of Covered Establishments: 15.9%
Percent of Non-covered Establishments: 27.8%
Percent of All Establishments: 26.5%

Establishment Continues Pay During Leave For: Care of Child, Spouse, or Parent for Serious Health Condition*: Partial pay
Percent of Covered Establishments: 3.6%
Percent of Non-covered Establishments: 5.5%
Percent of All Establishments: 5.3%

Establishment Continues Pay During Leave For: Care of Child, Spouse, or Parent for Serious Health Condition*: Depends on circumstances
Percent of Covered Establishments: 21.1%
Percent of Non-covered Establishments: 23.2%
Percent of All Establishments: 23.0%

Establishment Continues Pay During Leave For: Care of Child, Spouse, or Parent for Serious Health Condition*: No Pay
Percent of Covered Establishments: 59.4%
Percent of Non-covered Establishments: 43.5%
Percent of All Establishments: 45.3%

* Difference between covered and non-covered establishments is significant at p<.10.
Note: Column percents may not total to 100% due to rounding.
Source: 2000 Survey of Establishments.