If you have 50 employees within 75 miles, you're considered a single location under the Family and Medical Leave Act (FMLA). This means you're subject to the same rules as a larger company.
To qualify, employees must have worked for the company for at least 12 months and completed at least 1,250 hours of service in the 12 months preceding their leave. This ensures they're eligible for FMLA benefits.
In a single location, FMLA leave can be taken for up to 12 weeks in a 12-month period. This can be a huge relief for employees dealing with serious health issues or family emergencies.
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Determining Eligibility
The worksite employee count is made when the employee gives notice of the need for leave, not when the employee begins leave.
To count toward the 50-employee threshold, employees must have been maintained on the payroll for each working day during each of 20 or more calendar workweeks in either the current or the preceding calendar year.
Employees can continue to be eligible for leave even if the employee count drops below 50.
The eligibility of an employee is not affected by the employee count dropping below 50.
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Frequently Asked Questions
What is the minimum number of employees to follow FMLA?
To be eligible for FMLA, a company must have at least 50 employees. This applies to both public and private employers.
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