Page is loading...

Survey Says: 73% of Employees Taking FMLA Are Non-Exempt, and Other Tidbits

William Nolan

William A. Nolan

Columbus Managing Partner

The latest survey from our friends at Employers Resource Association of its members focuses on employers’ practices and employees’ usage. Here are some of the findings:

  • Employers have several options for how they count the applicable 12 month period. Not surprisingly, the great majority (63 percent) of employers use the rolling 12-month period.
  • 9 percent of respondents’ employees have used Family and Medical Leave Act (FMLA) leave during the last year. This includes substantial numbers of employees taking intermittent leave and substantial numbers taking longer term leave.
  • Respondents reported that 73 percent of FMLA users were non-exempt employees.
One unofficial statistic not included in the survey – 95 percent of employment lawyers’ time spent counseling clients seems to be on intermittent leave situations. This is due to a number of factors. Intermittent leave presents much more of a challenge to employers in scheduling, so managers push back more than they do on predictable, continuous leaves.  Also, intermittent leave is associated with invisible and less predictable conditions such as fibromyalgia, migraines, and mental health issues. These can also tend to raise more questions among employers. In any event, these intermittent leaves dominate the challenges FMLA presents for employers.



Proper FMLA Notice Makes for Informed Employees and Compliant Employers

November 27, 2019 | Currents - Employment Law, Employee Leave

Position Is Not Vacant If It Is Being Held For an Employee on FMLA Leave

October 14, 2019 | Currents - Employment Law, Employee Health Issues

Accommodate Much? Restrictive Seventh Circuit Leave Ruling Lives On

April 5, 2018 | EEOC, Letter of the Law, Currents - Employment Law

Attention Illinois Employers: 3 Handbook Policies to Revisit Now

October 13, 2017 | EEOC, Employee Leave, Employment Lessons, Currents - Employment Law


Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
employees usage
employer practices
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.