Q: How do we calculate whether we’re covered under FMLA?
A: In order to be covered under FMLA, private sector employers need to employ 50 or more employees for at least 20 calendar workweeks in the current or preceding calendar year. The 20 calendar workweeks do not need to be consecutive.
When counting employees, include any employee whose name appears on the payroll on any working day of the calendar week, regardless of whether they received compensation for the week.
Once an organization meets the 50-employees-for-20 workweeks threshold, it remains covered until it reaches a point at which time it no longer employed 50 employees for 20 (non-consecutive) workweeks in the current and preceding calendar year.
Leave management can be complex and confusing for any employer. Between the FMLA and the ADA, many employers have a hard time keeping up with all the requirements. Watch our free, 1-hour webinar to learn key regulations, common issues, and employer best practices to help ensure that you’re taking the appropriate steps when it comes to managing employee leaves.