In an effort to “update DOL’s understanding of leave-taking behavior and to close current data gaps remaining from the previous surveys,” the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued a proposed information collection request (ICR) in April of this year.

The survey the agency is proposing would ask employers and employees to report on their experiences with the FMLA. WHD issued this most recent ICR in response to what it characterized as “changes in economic conditions and FMLA regulations since the 2000 employee and employer surveys.”

According to WHD, the study will help DOL by providing information on current workplace policies and practices related to family and medical leave, allowing for an “in-depth analysis of private sector FMLA policies [that] allows WHD to determine how those policies affect the work-life balance of workers and the productivity and work flow of employers.”

The survey will also enable DOL to “shape future regulatory options, craft interpretive guidance (such as plain-language fact sheets), develop compliance programs (employer outreach and investigation policies), and establish regulatory priorities based on sound, current data rather than on outdated data or anecdotal information.”

Finally, says WHD, the survey will provide data by which DOL “can evaluate the effect on employer compliance of a range of FMLA activities—regulatory, educational, investigative, and legal—on employer compliance.”

Surveys Past and Present
DOL has used employer/employee FMLA surveys in the past in order to craft changes to the law and regulations. Three previous FMLA survey instruments have been used. The first FMLA study, in which workers and employers were surveyed to learn about family and medical leave policies and their effect on workers and their employers, was conducted in 1995.

The second study was conducted in 2000 to update the 1995 data. In 2006, DOL issued a “Request for Information” asking the public to comment on their experiences with, and observations of, DOL’s administration of the law and the effectiveness of the regulations.

The qualitative data obtained provided a detailed anecdotal picture of the workings of the FMLA and was utilized by DOL in amending the FMLA and its regulations in 2009.

The most recent survey, which WHD says is expected to last no later than January 14, 2012, is anticipated to yield approximately 3,000 responses from employees and 1,800 responses from employers/firms.

Comments to the ICR were due May 31, 2011. BLR® will continue following this development and report on any action by DOL in future issues of this newsletter.