Which Employers Are Subject to the Family and Medical Leave Act?

Private employers are subject to the Family and Medical Leave Act (FMLA) if:

  1. They are engaged in commerce or in an industry or activity affecting commerce; and
  2. They employed 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.

Public agencies and public and private elementary and secondary schools are subject to the FMLA regardless of the number of employees that they employ.  See 29 U.S.C. § 2611(4).

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on May 19, 2011, in Family and Medical Leave Act and tagged . Bookmark the permalink. Leave a comment.

Comments are closed.