Institute
for Child, Youth and Family Policy, The Heller School for Social
Policy and Management, Brandeis University
|
Submitter
suggested that the sample frame be expanded to include the
self-employed.
|
We
appreciate the advice to clearly and consistently define the
sample frame in the survey upfront and in all publications
related to the survey and will make our best effort to clarify
the language in reports and other publications.
The
primary focus of the Employee Survey is leave conditions under
the FMLA. Self-employed workers own their own businesses and,
unless they are self-employed and incorporated with over 50
employees, the FMLA does not apply. The self-employed set their
own employment policies, including eligibility to take leave and
the conditions under which they are allowed to take leave.
|
Association
of American Railroads
|
Respondents
to the Employer Survey should have the option of providing
company-wide data rather than worksite data;
|
Previous
waves of the survey used a sample design based on worksites. It
is important to maintain a consistent reference point among
respondents that most coincides with the administration of FMLA.
|
The
Employer Survey should ask about “general disciplinary
action” related to FMLA abuse, rather than the response to
the most recent case of FMLA misuse; and
|
While
incidence is low, asking about the most recent case of FMLA
misuse will provide a random sample of disciplinary action. Using
the most recent case of FMLA misuse will provide a random sample
of disciplinary action. DOL has considered the additional burden
of reporting for both the worksite and general misuse.
Pre-testing in previous rounds of questionnaire development
indicate that disciplinary action is often tailored to the case,
rather than in a general way and may vary by firm size.
Nevertheless we have added a general question about disciplinary
action related to FMLA use.
|
The
Employer Survey should include a question about all costs,
including overtime and other costs triggered by FMLA usage.
|
Updates
to the Employer Survey have included additional questions about
overtime and other costs.
|
Airlines
for America
|
Respondents
to the Employer Survey should have the option of providing
company-wide data rather than worksite data.
|
Previous
waves of the survey used a sample design based on worksites. It
is important to maintain a consistent reference point among
respondents that most coincides with the administration of FMLA.
|
The
Employer Survey should have specific question for eligibility of
flight crew members (504 hours rather than 1250).
|
This
survey is a national probability sample of worksites and is not
designed to be tailored to specific industries. In addition,
sample sizes for any particular industry (e.g., the airline
industry) are too small to yield useful information.
|
The
Employer Survey should include time increments of one day.
|
The
question to which this comment refers has been removed from the
survey.
|
The
Employer Survey should ask about “general disciplinary
action” related to FMLA abuse, rather than the response to
the most recent case of FMLA misuse.
|
While
incidence is low, asking about the most recent case of FMLA
misuse will provide a random sample of disciplinary action. Using
the most recent case of FMLA misuse will provide a random sample
of disciplinary action. DOL has considered the additional burden
of reporting for both the worksite and general misuse.
Pre-testing in previous rounds of questionnaire development
indicate that disciplinary action is often tailored to the case,
rather than in a general way and may vary by firm size.
Nevertheless we have added a general question about disciplinary
action related to FMLA use.
|
The
Employer Survey should include a question about all costs,
including overtime and other costs triggered by FMLA usage.
|
Updates
to the Employer Survey have included additional questions about
overtime and other costs.
|
Equal
Employment Advisory Council
|
The
Employer Survey should ask more in-depth questions about use and
administration of intermittent leave.
|
The
selection of survey questions must balance respondent burden and
analytic utility. In consideration of all the topics that need to
be covered, the included questions on intermittent leave have
been selected as the most informative, given the incidence of
intermittent leave-taking. Adding more questions related to
intermittent leave-taking would increase the total survey length
and other priority questions would have to be dropped. DOL has
determined that the questions on intermittent leave are
sufficient for their research questions, given the need to retain
other items.
|
The
Employer Survey should ask specific and detailed questions
distinguishing between exempt and nonexempt employees.
|
DOL
has considered the burden additional detailed questions on exempt
and non-exempt employees would entail and has elected not to
include additional questions.
|
The
Employer Survey should eliminate any questions that do not
address FMLA requirements, such as use of paid leave.
|
For
the most part, the questionnaires only address issues that
reflect the requirements, benefits and coverage parameters
established under FMLA. However, in both surveys select issues
cannot be thoroughly examined without expanding the scope of the
questions to incorporate, for instance, the availability and use
of paid leave. Given the growing availability of paid leave since
2012, the current employee instrument must now acknowledge its
presence in asking about the range of available options for
addressing medical conditions. In the same vein, questions asked
of employers regarding their use of FMLA and the perceived
administrative burden must also account for resources outside of
FMLA. Similarly, access to benefits such as paid sick time and
disability intersect with the coordination with FMLA.
|
The
Employer Survey should start with an explanation that the survey
is not used for compliance/audit purposes.
|
Advance
letters and recruitment materials that include informed consent
will clearly state that the survey will not be used for
compliance and auditing purposes.
|
United
Steelworkers
|
Submitter
suggested that the surveys capture utilization, experience, and
management of leave.
|
The
surveys include questions on each of these topics.
|
YMCA
of Greater Rochester
|
Submitter
suggested DOL delay the study to “wait and see how the
Trump Administration will address the interplay between FMLA and
Paid Family Leave.”
|
DOL
is currently following an established contractual schedule.
|