1©SHRM 2008 SHRM Poll: March 11, 2008

Military FMLA Leave

• Sample comprised of 371 randomly selected HR professionals.

• Analyzing 371 responses of 2,992 emails sent, 2,788 emails were received (response rate = 14%).

• Survey fielded March 11 – March 21, 2008; presentation generated on March 24, 2008.

• Margin of error is +/- 5%

Issues Arising from a Call to Active Duty

2©SHRM 2008 SHRM Poll: March 11, 2008

Introduction

• The National Defense Authorization Act (P.L. 110-181) expanded the Family and Medical Leave Act (FMLA) to include a new use for leave:

Issues Arising from a Call to Active Duty This provision allows employees to take FMLA leave “because of any qualifying exigency (as the Secretary of Labor shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.”

3©SHRM 2008 SHRM Poll: March 11, 2008

Are there employees at your organization

56%

71%

44%

29%

0%

10%

20%

30%

40%

50%

60%

70%

80%

currently on active duty (either as a reservistor as a member of the National Guard)? n =

322

with family members who are members of theArmed Services called up for active duty in

the last 12 months? n = 250

Yes No

Note: HR professionals who responded “not sure” were excluded from this analysis.

4©SHRM 2008 SHRM Poll: March 11, 2008

What types of issues related to a family member’s call to active duty have employees sought leave for?

9%

16%

21%

24%

34%

45%

78%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90%

Attending counseling

Legal arrangements

Attending to affairs caused by the missing statusor death of the service member

Financial arrangements

Attending official ceremonies

Child care arrangements

Attending to farewell or arrival of the servicemember

Note: HR professionals who responded “N/A – no leave have been sought by employees related to family member’s call to active duty” were excluded from this analysis. Percentages do not total 100% due to multiple response options.

n = 80

5©SHRM 2008 SHRM Poll: March 11, 2008

In your opinion, should the following events be considered to fall within the definition of “qualifying exigency” for military FMLA leave?

94%

79%

65%

6%

21%

35%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Attending to affairs caused bythe missing status or death ofthe service member, n = 355

Attending to farewell orarrival, n =341

Attending official ceremonies,n = 293

Yes No

Note: HR professionals who responded “not sure” were excluded from this analysis.

6©SHRM 2008 SHRM Poll: March 11, 2008

In your opinion, should the following events, that may also impact the general workforce, be given special consideration for employees who have a member of their family in active duty and therefore fall under the “qualifying exigency” clause of the military FMLA leave?

75%

50%

39%44%

27%

41%

25%

50%

61%56%

73%

59%

0%

10%

20%

30%

40%

50%

60%

70%

80%

Attendingcounseling, n =

329

Child carearrangements,

n=319

Financialarrangements,

n=306

Legalarrangements,

n=306

Picking upchildren fromschool, n=298

Providingemotional

support to therest of the

family, n=276

Yes No

Note: HR professionals who responded “not sure” were excluded from this analysis.

7©SHRM 2008 SHRM Poll: March 11, 2008

To what degree do you agree or disagree that:

9%

22%

54%

15%

0%

10%

20%

30%

40%

50%

60%

Strongly disagree Disagree Agree Strongly agree

Issues limited to non-medical exigencies should be covered under the military FMLA leave option since the existing FMLA covers medical leave

n = 360

8©SHRM 2008 SHRM Poll: March 11, 2008

To what degree do you agree or disagree that:

2%4%

39%

56%

0%

10%

20%

30%

40%

50%

60%

Strongly disagree Disagree Agree Strongly agree

The Department of Labor should create a list of qualified exigencies covered under the military FMLA

Note: Percentages do not total 100% due to rounding.

n = 366

9©SHRM 2008 SHRM Poll: March 11, 2008

To what degree do you agree or disagree that the definition of a “qualifying exigency” for military FMLA leave:

7%

51%

30%

12%

0%

10%

20%

30%

40%

50%

60%

Strongly disagree Disagree Agree Strongly agree

Be of a one-time nature n = 350

10©SHRM 2008 SHRM Poll: March 11, 2008

To what degree do you agree or disagree that the definition of a “qualifying exigency” for military FMLA leave:

2%

12%

58%

29%

0%

10%

20%

30%

40%

50%

60%

70%

Strongly disagree Disagree Agree Strongly agree

Be Urgent

Note: Percentages do not total 100% due to rounding.

n = 353

11©SHRM 2008 SHRM Poll: March 11, 2008

To what degree do you agree or disagree that the definition of a “qualifying exigency” for military FMLA leave:

1% 2%

34%

64%

0%

10%

20%

30%

40%

50%

60%

70%

Strongly disagree Disagree Agree Strongly agree

Have some connection to demonstrate that the exigency arises out of service member’s active duty status

Note: Percentages do not total 100% due to rounding.

n = 365