Tag: Covered Employer

Question: Under the Family and Medical Leave Act (FMLA), is the “50 employees in a 75-mile radius” used to determine a “covered employer”? Answer: There are two questions which determine coverage under the Family and Medical Leave Act (FMLA): Is the employer a covered employer, and is the employee eligible? An employer covered by FMLA…

Question: A firm has downsized to less than 20 employees for more than two years but still has the same policy manual. Does that firm need to amend the policy manual to be exempt from Family and Medical Leave Act (FMLA) rules? Answer: While you can continue to maintain notice in your manual regarding the…

Question: If we have less than 50 employees, are we required to contain a notice in our handbook that we are not a covered employer under the Family and Medical Leave Act (FMLA)? Answer: If you are not a covered employer, you are not obligated to provide such a notice.

Question: Who is a covered employer under the Family and Medical Leave Act (FMLA)? Answer: An employer covered by the Family and Medical Leave Act (FMLA) is any company engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day during each of 20 or…

Question: Do temporary employees hired through an agency apply when counting to determine if an employer is covered under the Family and Medical Leave Act (FMLA)? Answer: Temporary agencies and client companies can be considered joint employers when determining whether an employer has 50 or more employees for the purpose of applicability of the Family…