Compensation and Working Conditions Winter 1998 39

Unpaid Family Leave

Unpaid Family

Leave

Employee Benefits Survey

In 1996, 48 percent of full-time employees in

small private establishments were eligible for

unpaid family leave, compared to 84 percent

in medium and large private establishments

in 1995, and 93 percent in State and

local governments in 1994.

PAUL SCHEIBLE

Paul Scheible is an economist in the Division of Compensation Data Analysis

and Planning, Bureau of Labor Statistics.

Telephone: (202) 606-6202

E-mail: Scheible_P@bls.gov

In 1996, 48 percent of full-time employees in small private

establishments (those with fewer than 100 employees) were

eligible to receive unpaid family leave from their employers. On average, they were allowed 12 1⁄2 weeks per year.

(See tables 1 and 2.) By far, the most common provision

was 12 weeks—applicable to 4 out of 5 employees with

unpaid family leave.1

The incidence of unpaid family leave in small private

establishments was about the same as that measured in 1994,

when the first survey was conducted following passage of

the Family and Medical Leave Act of 1993. The act requires employers to provide up to 12 weeks of unpaid leave

each year to care for a newborn, newly adopted or sick child,

a sick spouse or parent, or for the employee to recover from

an illness or serious health condition. The law, which applies to employers with 50 or more workers, became effective in August 1993. Thus, in the 1990 and 1992 surveys

of small private establishments, the incidence of unpaid

family leave was not measured. Rather, these surveys measured the incidence of unpaid maternity and paternity leave

benefits. Roughly 1 out of 5 employees in both years had

an unpaid maternity or paternity leave benefit.

The incidence of unpaid family leave in small establishments in 1996 varied somewhat by establishment and occupation characteristics. The highest incidences were recorded in the Northeast region (61 percent), and for

occupations covered by union agreements (62 percent). (See

table 1.) Among industrial sectors, 50 percent of employees in the service-producing industries were covered by

unpaid family leave plans, about the same percentage as

for the professional and technical and clerical and sales

occupations.

Compared with small private employers, the incidence

of unpaid family leave in the entire civilian economy and

its complete private sector component were higher–68 and

64 percent, respectively. In medium and large private establishments (100 or more employees), 84 percent of fulltime employees were eligible for unpaid family leave in

1995,2

 the most recent survey data available for them. Their

average benefit was almost 14 weeks per year. Similarly,

unpaid family leave was almost universal (at 93 percent)

for full-time employees of State and local governments in

1994, whose average benefit was almost 28 weeks.

Reported unpaid family leave also reflects State laws that

are more generous than the Federal Family and Medical

Leave Act. Eighteen States either mandate family and

medical leave (partial or comprehensive) for establishments

with fewer than 50 workers, or, compared to the Family

and Medical Leave Act, have fewer restrictions on coverage or purpose.3 
40 Compensation and Working Conditions Winter 1998

1

 These estimates are from the Employee Benefits Survey of private

sector business establishments employing fewer than 100 workers. In the

survey, unpaid family leave allows an approved absence from work to

care for a family member, typically a newborn or newly adopted child, or

a sick child or adult relative. See this issue of Compensation and Working Conditions, Employee Benefits Survey Technical Note, page 55. 2

 There are varied reasons why medium and large private sector employers might not report unpaid family leave for some of their full-time

TABLE 1. Percent of full-time employees covered by unpaid family leave plans by establishment and selected

occupation characteristics, 1994-96

Establishment

 All establishments ......................................... 47 48 84 93

 Goods producing ......................................... 41 40 87 91

 Services producing ...................................... 49 50 82 94

Region

 Northeast ...................................................... 55 61 87 99

 South ............................................................. 43 43 87 96

 Midwest ......................................................... 44 46 80 84

 West .............................................................. 52 45 81 91

Occupation

 Professional and technical ............................. 53 53 89 93

 Clerical and sales .......................................... 50 52 86 96

 Blue collar and service .................................. 43 43 80 90

Union status

 Union ............................................................. 61 62 82 94

 Nonunion ....................................................... 47 47 85 92

All occupations

 Total ............................................................. 100 100 100 100

 Under 12........................................................ 8 10 1 1

 12 .................................................................. 79 82 86 67

 Over 12 ......................................................... 13 8 13 31

 Average ......................................................... 13.2 12.4 13.9 27.9

Professional and technical1

 Total ............................................................. 100 100 100 100

 Under 12........................................................ 6 11 1 1

 12 .................................................................. 76 78 82 64

 Over 12 ......................................................... 17 11 17 36

 Average ......................................................... 13.8 12.4 14.5 27.2

Clerical and sales2

 Total ............................................................. 100 100 100 100

 Under 12........................................................ 5 10 1 1

 12 .................................................................. 79 83 82 72

 Over 12 ......................................................... 15 7 17 26

 Average ......................................................... 13.0 12.6 14.5 25.4

Blue collar and service

 Total ............................................................. 100 100 100 100

 Under 12........................................................ 9 9 1 1

 12 .................................................................. 81 84 91 68

 Over 12 ......................................................... 10 7 8 30

 Average ......................................................... 13.0 12.4 13.2 31.4

Establishment and occupation characteristics

Small private

establishments

Medium and large

private

establishments

State and local

governments

1994 1996 1995 1994

1

 Full-time employees in State governments.

 2 Full-time employees in local governments.

 3 Full-time white-collar occupations, except teachers,

in State and local governments.

 4 Full-time teachers in State and local governments.

Weeks of unpaid family leave entitlement

Small private

establishments

Medium and large

private

establishments

State and local

governments

1994 1996 1995 1994

1

 In State and local governments, estimates are for fulltime white-collar occupations, except teachers.

 2 In State and local governments, estimates are for

full-time teachers.

1

2

3

4

TABLE 2. Percent distribution of full-time employees with unpaid family leave by weeks of leave entitlement,

1994-96

occupations in this survey. Generally, the mandates of the Family and Medical

Leave Act of 1993 extend to companies that employ 50 or more employees who

all work within 75 miles of each other. To be eligible, employees must have

worked 1,250 hours within the last 12 months. Employers also may exclude

certain highly compensated employees. Moreover, some employers did not report

an unpaid family leave benefit, legal coverage under the act notwithstanding. 3

 National Partnership for Women and Families, on the Internet at http://

www.nationalpartnership.org/workandfamily/fmleave/statelaw.htm.