Do small businesses have to honor FMLA?
Not all employers are covered by the FMLA. All public employers are covered, no matter how many employees they have. Private employers are covered if they have at least 50 employees in the U.S. who worked each working day during 20 or more calendar weeks in the current or preceding calendar year. This includes part time and seasonal employees. Any employee whose name is on the payroll for every day of the week counts for that week. It does not matter if they received wages or not. The 20 weeks need not be consecutive.
Even if you are a covered employer, not all employees will be eligible to take FMLA leave; they need to meet certain eligibility criteria. If the reason for the leave qualifies for FMLA protections, you would need to provide those protections. Failure to do so can risk a claim that you interfered with an employee’s FMLA rights.
This article was written by Darlene M. Clabault, SHRM-CP, PHR, CLMS, of J. J. Keller & Associates, Inc. The content of these news items, in whole or in part, MAY NOT be copied into any other uses without consulting the originator of the content.
You may also enjoy the following articles:
What are the top 12 FMLA questions employers can ask/allowed to ask?
Employer failed to recognize an employee’s notice of the need for leave
May employees take FMLA leave for the coronavirus?
The J. J. Keller FMLA Manager service is your business resource for tracking employee leave and ensuring compliance with the latest Federal and State FMLA requirements.
Start Your Free Trial View Demo