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.