The Family and Medical Leave Act (FMLA) mandates that certain employers provide eligible employees with unpaid, job-protected leave for qualifying reasons.
- Public Agencies: Includes federal, state, and local governments.
- Educational Agencies: Covers public and private elementary and secondary schools, and public school boards.
- Private-Sector Employers: Applies to employers with 50 or more employees during 20 or more workweeks in the current or previous calendar year.
- Included Employees: Employees working in the U.S. or U.S. territories. Employees on payroll, regardless of compensation received. Employees on paid or unpaid leave with an expectation of return. Employees of foreign firms operating in the U.S. Part-time, temporary, seasonal, and full-time employees.
- Threshold Maintenance: Once the 50-employee threshold is met, the employer remains covered as long as it employs 50 or more employees in 20 or more workweeks in either the current or previous calendar year.
- Definition: Businesses may be considered joint employers if they share control over an employee's work or working conditions.
- Example: A temporary employment agency supplying employees to another business.
- Counting Employees: Employees jointly employed must be counted by both employers.
- Criteria: Separate businesses may be considered a single employer if they have common management, interrelated operations, and common ownership or financial control.
- Counting Employees: Employees of all entities making up the integrated employer must be counted.
This summary provides key points for understanding which employers are covered by FMLA and how employee counting is determined for compliance purposes. For detailed guidance or legal advice, consult legal counsel.
