HR Q&A – Does the Family and Medical Leave Act Apply to Our Organization?

Does FMLA Apply to Your Business?

Fifty employees. That’s the magic number, and it decides whether FMLA is something you need to think about or something you can set aside.

Who’s covered?

If you’re a private employer and you had 50 or more employees for at least 20 workweeks — this year or last — FMLA applies to you. Full stop.

How do I actually count employees?

Simpler than it sounds. If someone’s name was on your payroll for any working day of a week, they count that week — even if they didn’t get paid for it. You’re not counting hours worked or paychecks issued. You’re counting names on the list.

Once I’m covered, am I stuck being covered?

Basically, yes. Cross that 50-for-20 threshold once, and you stay covered going forward — until you dip back under it for both the current year and the year before. It’s not something you slip in and out of month to month.

What if I’m a public employer or a school?

Different rules entirely. Public agencies and local educational agencies — school boards, public and private K-12 schools — are covered no matter how many people are on staff. Size doesn’t matter here.

This blog does not constitute formal HR or legal advice and does not address state or local laws. Our HR Resource Center by Mineral offers further guidelines for this and many other topics. For a small additional fee you can also speak to a live HR Specialist. Contact your friendly APlus Payroll CSS for further information (including login details) or login here. Want to know how we can help your Payroll or Time & Labor process? Please contact us here. Consultation is friendly and free!