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When does 50 not equal 50? FMLA coverage versus FMLA eligibility

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in Employee Benefits Program,Employment Law,FMLA Guidelines,Hiring,HR Management,Records Retention,Small Business Tax Deduction Strategies

Most people think of 50 as the magic number for the FMLA. “Oh, we have 50 employees, so now we have to comply with the FMLA,” is a popular refrain among HR departments. It is not that simple.

The FMLA has two different rules that must be met before you have to offer FMLA leave to an employee—coverage and eligibility. Coverage applies to the employer; eligibility applies to the employee. They both have the magic number 50 as a key component, but are very different in application.

Coverage: 50 or more employees

The FMLA covers any private employer that has 50 or more employees on the payroll during 20 or more cal­­en­­dar workweeks (not necessarily con­secutive workweeks) in either the current or the preceding calendar year.

Who counts as an employee for coverage purposes?

  • Any employee whose name appears on the payroll any workday during a week, including part-time employees.
  • Employees on any paid or unpaid leave, as long as ...(register to read more)

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{ 1 comment… read it below or add one }

CLAUDE April 15, 2014 at 7:32 pm

I was granted a intermittent FMLA. The company states that they do not give out paper work as far as what the FMLA stipulations are. Is this normal? We have less than 50 people working there but the FMLA is in our union contract.We use to have alot more than 50 people at one time so I really do not know whats going to happen.


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