Who Counts for FMLA?

sdiconza

When counting employees to see if an employer has the 50 required for FMLA coverage, do part-time employees "count"? How about occasional employees?

pammcconnell

Private sector employer need to employ 50 or more employees each day during 20 or more weeks in the current or proceeding year.  The 50 employees include part-time and seasonal employees, but does not include temporary or leased employees.  Nor do you count employees working outside of the <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />US or volunteers.  There also has to be a continuing relationship, for example if you lay off part of your workforce there is not a continual relationship.  <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

If you are a public agency it does not matter how many employees you have. 

TXHRGuy

Also, if you have employees who work off-site, such as dispatched technicians or work-from-home programmers who may even be situated primarily in other states, they may be counted as employees of the site from which they take direction.  If you have remote workers like that, it wouldn't be a bad idea to seek guidance from counsel.