The federal Family Medical Leave Act (FMLA) applies to private sector employers that employ 50 or more employees in 20 or more workweeks in the current or preceding calendar year. Workweeks do not need to be consecutive and each employee is counted if they work any part of a week. Once this threshold is met, the employer is considered a “covered employer” and must offer FMLA benefits to eligible employees to allow them to take job-protected leave for up to 12 weeks.

BUT WHAT IF YOUR WORKFORCE HOVERS AROUND 50 DEPENDING ON THE TIME OF YEAR?

Employers remain “covered employers” as long as they employ 50 or more employees in 20 or more workweeks in either the current calendar year or in the previous calendar year. For example, last year during its busy season from June 1st to October 31st, a restaurant had more than 50 employees on payroll. In the current year, the same restaurant employs fewer than 50 employees when an employee requests FMLA leave. Because the restaurant employed more than 50 employees for more than 20 workweeks in the previous year, the restaurant is considered to be covered at the time of the request and must offer the FMLA benefits and protections to its eligible employees.

For questions about how to administer FMLA leave at your workplace, reach out to any RKW employment lawyer.