THE FAMILY AND MEDICAL LEAVE ACT OF 1993 - HOW FULLY IS BUSINESS COMPLYING

This article examines compliance with the federal Family and Medical Leave Act (FMLA), based on a survey of primarily California employers conducted three months after the implementation of the FMLA and nearly two years after passage of similar California legislation. Survey results reveal that 40% of respondents were out of compliance with at least one of the four basic provisions of the FMLA: availability of at least 12 weeks of unpaid leave a year for all eligible employees with personal or family illness or a new child; continuation of health benefits while on leave; restoration to the same or equivalent job; and notification of employees regarding their rights under the FMLA. Firms with fewer employees generally were least likely to be in compliance and had implemented fewer policy components related to the law's implementation.