Family Medical Leave Act

questions & answers

Question: Can a employer offer fmla even if they do not employ 50 emplyees

Answer:

You may want to review the article on this site titled, "The Family Medical Leave Act," which explains FMLA and links to the U.S. Department of Labor website for more information.

Generally, the Act requires that certain employers offer FMLA. Covered employers under the FMLA are listed in 29 CFR 825.104. They include: (a) An employer covered by FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Employers covered by FMLA also include any person acting, directly or indirectly, in the interest of a covered employer to any of the employees of the employer, any successor in interest of a covered employer, and any public agency. Public agencies are covered employers without regard to the number of employees employed. Public as well as private elementary and secondary schools are also covered employers without regard to the number of employees employed. Note that some employers are considered covered employers regardless of the number of employees.

There may be additional portions of the Act that can answer specific questions you may have. You can access the entire Act on the Department of Labor's website.

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