Advice and Resolution Corner - FMLA - Determining Employer Coverage

Document created by 1050210 on Nov 17, 2014
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Published Date: 10/27/2014

 

John; Gupton

By John Gupton

 

[Don’t miss the Advice and Resolution Corner Plus members-only webcast scheduled for this Wednesday, October 29, 2014 at 8:30 am. Register now at https://www4.gotomeeting.com/register/370985511.]

 

Question:

 

How do I determine if my organization is covered by the Family and Medical Leave Act (FMLA)?

 

Answer:

 

The FMLA applies to all:

 

  • public agencies, including state, local and federal employers, and local education agencies (schools); and,
  • private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year – including joint employers and successors of covered employers.

 

For private sector employers, the 20 workweeks do not have to be consecutive. Any employee whose name appears on the employer’s payroll will be considered employed each working day of the calendar week, and must be counted whether or not any compensation is received for the week.

 

The FMLA applies only to employees who are employed within any state of the United States, the District of Columbia or any territory or possession of the United States. Employees who are employed outside these areas are not counted for purposes of determining employer coverage or employee eligibility.

 

It is important to remember that for FMLA purposes, employer coverage is determined separately from employee eligibility under the FMLA. Just because an employer is covered by the FMLA does not necessarily mean that an employee is eligible for leave under the law.

 

For more information, attend the Advice and Resolution Corner Plus webinar scheduled for October 29 from 8:30 am until 9:00 am. You can self-register for this webinar at https://www4.gotomeeting.com/register/370985511.

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