NFIB

WASHINGTON, D.C. — Today, Chairman Mike Enzi (Wyo.) and other members of the U.S. Senate Health, Education, Labor and Pensions Committee heard firsthand from business owners about the effects of the Family and Medical Leave Act.

National Federation of Independent Business member Bob Prybutok of Polymer Technologies in Newark, Del., participated in a roundtable focused on experience with the law. Prybutok employs about 85 people and manufactures noise control composites. During the roundtable, he discussed his experience with FMLA and described how further changes could decrease the ability of employers to design a workplace that accounts for the needs of both employers and employees.

“Long before FMLA, Polymer Technologies had policies and plans in place that illustrated the respect we have for our employees and their families,” Prybutok said. “Whether it is offering health benefits to our employees, providing a competitive vacation package, or working with employees to address a specific family situation, we understand that attracting and retaining quality folks starts with benefits and policies that reflect a balance between work life and family life.”

Prybutok also commented that any expansion of FMLA, particularly that which leads to unclear rules, could make it harder to run a business.

“Too often, federal rules and regulations are so ambiguous, they create more confusion than clarity,” Prybutok said. “For instance, how does one define ‘serious illness’?  As decisions are made about FMLA and adjustments to existing law, these are the types of questions that are going to be of particular importance to small-business owners like me.”

“At only 12 years old, it is important to recognize that FMLA is still fairly new,” said NFIB Vice President of Federal Public Policy Susan Eckerly. “As lawmakers explore the possibility of changing the FMLA, they should understand how doing so can take away from an employer’s flexibility to address the needs of specific employees facing a challenging situation. Today’s roundtable is an excellent opportunity to ensure the concerns of small business are heard as discussions about the future of FMLA get under way.”

According to a 2004 NFIB National Small Business Poll, taken more than a decade after the FMLA became law, small-business owners grant virtually all requests for family and medical leave. Although FMLA currently requires those employing 50 or more people to adhere to FMLA requirements, of those small-business owners who have established a policy (including those with fewer than 50 employees), 42 percent say they do so to attract and retain quality employees. Virtually all plans fall into one of two categories: the first policy is open-ended and allows the employees to come back when he or she is ready, while the second policy accommodates leave, but imposes some sort of time limit.

As changes to the FMLA are considered, NFIB research suggests that employers have three particular areas of concern. Those concerns include any reduction to the 50-employee threshold, required paid leave, and mandatory leave for medical appointments and school activities. Small-business owners note that they have traditionally exhibited considerable flexibility dealing with these needs, and it is likely they would oppose further regulation.