Family and Medical Leave

1. 1

   Twelve (12) percent of small employers (34% of those with 20 or more employees) have a policy regarding family and medical leave while 82 percent handle such requests on a case-by-case basis. Those with a policy typically have it written and available to employees upon request. Almost half (49%) of those with a policy offer unlimited leave while the other half (49%) place a time limit on it. The most frequent limit is one to three months (34%), but that policy varies enormously as does whether leave is paid, unpaid or taken as paid vacation or sick leave.

2. 2

   The most important reasons for establishing a policy are attracting and retaining employees (42%), legal compulsion (20%), and avoiding potential problems and inconsistencies (17%).

3. 3

   Within the last three years, 34 percent of small employers have had one or more requests for family and medical leave. Two-thirds of that number report one or two requests, though the average number of requests is three per firm (or one per firm per year).

4. 4

   Ninety-three (93) percent granted the last request for family and medical leave. Another 3 percent gave leave, but scaled back the time requested. Two percent allowed the employee to work at home and another 2 percent denied leave, but rearranged the employee’s hours or duties. Not one respondent simply refused leave.

5. 5

   Most employees take modest amounts of time off. Forty (40) percent take a week or less, though 26 percent take more than one month. Over two-thirds of owners paid the absent employee directly or indirectly. Contrary to economic logic, no relationship appeared between the amount of time off and the likelihood of being paid (including paid sick leave and vacation).

6. 6

   The most frequent ways to compensate for an employee’s absence are other employees covering (71%), the owner/owner’s family covering (62%), and postponing the employee’s work (21%). While the increased workload for others is the most common problem caused by an employee on leave (30%), a majority reported that the last employee’s absence created no real problems. Those covered by law were notably more likely to report difficulties.

7. 7

   One in 10 employers who have a family and medical leave experience in the last three years report that they have had an employee quit after a stint on family leave, immediately prior to his/her scheduled return.

8. 8

   Sixteen (16) percent have a policy governing short periods of leave for important personal matters such as doctor’s appointments or parent-teacher conferences. Eighty-one (81) percent handle such requests on a case-by-case basis.
   
   • Ninety-five (95) percent granted the most recent request for short-term leave for important personal matters. One percent declined it and the remainder had not experienced such a request. Small employers classified one-quarter of those requests as emergencies. Half (50%) of non-emergency requests came with less than 72 hours notice, and a non-mutually exclusive half (44%) were taken at relatively inconvenient times for the business.

9. 9

   A disturbingly large proportion of small employers believe they are covered by the Family and Medical Leave Act of 1993 and/or its state equivalent when they are probably not.

Volume 4, Issue 2, 2004
ISSN 1534-8326

William J. Dennis, Jr.
NFIB Research Foundation

• 1Do you have a policy regarding employees who request time off for a serious family illness or the birth or adoption of a child or do you handle such requests on a case-by-case basis? Top 100
• 3cWhich BEST describes how you handled the most recent request for family leave? Did you:? Top 100
• 2Is the policy written and available to employees upon request?
• 2aWhich best describes your policy on such matters?
• 2bWhat is the typical time limit you impose?
• 2cIs the time an employee spends on family leave:?
• 2dWhy did you establish a family leave policy? Was it:?
• 3Within the last three years, have you had an employee request time off for a serious illness in the family or for a birth or adoption?
• 3aAbout how many times has it happened in the last three years?
• 3bDid it involve a serious family illness, a birth, or an adoption?
• 3dDid the employee not get paid, got paid or received disability, or took paid vacation time or sick leave?
• 3eHow long was the employee on leave?
• 3f1(compensate for employee’s absence) Did you hire a temporary employee?
• 3f2(compensate for employee’s absence) Did you have other employees cover or work more hours?
• 3f3(compensate for employee’s absence) Did you or a family member of yours work more hours?
• 3f4(compensate for employee’s absence) Did you postpone work or reduce business output, such as fewer sales calls, less customer service, etc.?
• 3f5(compensate for employee’s absence) Did you limit the amount of business accepted for awhile?
• 3f6(compensate for employee’s absence) Did you increase productivity, such as adding machines or rearranging work to get more for less?
• 3gWhat was the principal problem caused by the employee’s absence?
• 3h1(employee on family leave) Quit just before he or she was supposed to return.
• 3h2(employee on family leave) Stay out longer than he or she originally told you.
• 4Do you have a policy regarding employees who request short periods of time off for personal matters such as doctor’s appointments or parent-teacher conferences, or is it on a case-by-case basis?
• 5Is the policy written and available to employees upon request?
• 5aWhich BEST describes the way you typically handle such requests for short periods of leave on personal matters? Do you typically:?
• 5bOver the last three years have you had serious problems, occasional problems or no problems with one or more employees abusing short periods of time off for personal matters?
• 5cIs the employee typically paid while out for these short periods, not paid, or takes vacation or sick leave?
• 5dDo you keep any type of records on the time employees spend out for doctor’s appointments, parent-teacher conferences, and similar short periods of absence?
• 6Think of the last time an employee requested a short period of time off for a personal matter. Did you grant it?
• 6aWas it an emergency situation?
• 6bDid the employee ask at least 72 hours before the time was needed?
• 6cWas the time taken during hours that were RELATIVELY convenient for you and the business?
• 6dHad the employee asked for time off during the three months prior to the most recent request?
• 7To the best of your knowledge, is your business covered or not covered by any federal, state, or local law or regulation that governs employee requests for time off for family-related or health matters?