Survey Results Show Employees and Employers Struggle With Equitable Application of the Law

SHRM PRESS RELEASE http://shrm.org/

Nearly four out of five human resource professionals (HR) say that employees do not fully understand their rights and responsibilities under the Family and Medical Leave Act (FMLA), according to a survey conducted by the Society for Human Resource Management (SHRM), the world's largest organization representing HR professionals. These findings were released on February 16, the final day of the U.S. Department of Labor's comment period requesting information about how the FMLA is being implemented.

In an effort to strengthen the FMLA, SHRM has conducted several surveys of human resource professionals across the country to understand better the challenges faced by those who administer the act and its sometimes contradictory and confusing requirements.

"The fair application of family and medical leave rules is one of the most important challenges and responsibilities facing HR professionals today," said Susan R. Meisinger, SPHR, President and CEO of SHRM. "Our survey demonstrates that 14 years after the bill was signed into law, the rules -- especially those related to the definition of what constitutes a serious medical condition -- continue to create more questions than answers."

"Employees need to know the benefits they are entitled to, and employers need to understand how to provide those benefits in a way that is fair for all workers," Meisinger said.

Signed into law by President Clinton on February 5, 1993, FMLA allows most workers to take up to 12 weeks of unpaid leave for birth, adoption, and other serious health conditions, or to care for a seriously ill family member. SHRM is among the thousands of organizations and individuals providing comments to the Department of Labor on how to improve the Act's administration.

"Our members are committed to ensuring every employee is treated fairly under the Act," Meisinger said. "It is essential that we have clear, straightforward rules that are in the best interest of the employee and the employer."

The Society understands the challenges which employees face in balancing work and family demands and their desire to feel secure in their jobs, should they need to be absent for family or medical issues.

SUMMARY OF SURVEY RESULTS

The recent surveys, which SHRM conducted with human resource professionals across the country, demonstrated that addressing confusion around the medical leave provisions of FMLA regulations is urgent. Among the findings:

• Seventy-eight percent of HR professionals surveyed said that employees do not fully understand FMLA medical leave provisions, including the need to notify their employer promptly when they are taking leave.
• In the past 12 months, more than half (51%) of the HR professionals surveyed experienced "significant challenges" in administering/granting medical leave under the FMLA as it is presently designed.
• While 71 percent of HR professionals have experienced few challenges administering/granting leave under FMLA for the birth or adoption of a child, nearly two-thirds of HR professionals have experienced challenges in granting "chronic leave" for FMLA purposes. These challenges include tracking of leave, morale problems, and loss of productivity.

The survey results demonstrate that, while FMLA as a whole is working, providing clarity to ensure fair and equitable application of the medical leave provisions is necessary.

SHRM COMMENTS PROVIDED TO U.S. DEPARTMENT OF LABOR

SHRM's comments provided to the Department of Labor specifically highlighted the HR professional's role in administering and granting leave pursuant to the FMLA and the challenges that HR professionals encounter.

The Society recommended that the Department of Labor:

• Clarify the definition of "serious health condition" to cover conditions where the employee is unable to work for five or more business days. This will help to eliminate minor illnesses that Congress did not intend to cover.
• Require unscheduled intermittent leave to be granted in half-day increments to allow the employer to manage better the absence and loss of productivity associated with the leave.
• Permit an employer to contact an employee's health care provider to clarify the employee's medical information.