FMLA and smaller businesses

Does FMLA apply to all organizations or only ones with 50 or more employees?


  • 4 Comments sorted by Votes Date Added
  • The FMLA applies to employers who have at least 50 employees on each working day of 20 or more calendar weeks in the current of preceding year. If you are hoving around that number, check your payroll to be sure. I hope that helps!

  • If you'd like to learn more about the FMLA, here's a link to an article titled "Family and medical leave: An overview."


    While it has some state-specific info for Maine, it also gives an excellent overview of the federal FMLA.

    Another source of information is our HR Executive Report titled "FMLA, ADA, and Workers' Comp: Navigating the Treacherous Triangle." You can buy the report or if you are a Law Center member, the report is free. Follow this link:

    Hope this helps!

    Christy Reeder
    Website Managing Editor

  • You also need to add a geographic element to the formula. The count is based upon facilities within a 75 mile radius of one another. For example, if you have two facilities that are more than 75 miles apart and each of them has 40 employees, neither facility would come under FMLA. This means that some companies with multiple facilities could have some facilities under FMLA and some that are not. The intent is that the larger facilities are more able to cover the leave of a missing employee. The smaller facility would have more difficulty covering that leave.

  • Additionally, you need to check and see whether your state has a FMLA law. Often times states will enact laws similar to the federal law, but with greater requirements for the employers.

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