Do All Businesses Have to Follow the FMLA Laws?
The Family and Medical Leave Act, or FMLA, is a federal law that requires covered businesses to allow employees to take unpaid time off for certain family or medical reasons. Common situations covered by the FMLA include personal or family illness, pregnancy, adoption, military service or a family member's military service. Failure to abide by the provisions of the FMLA can result in severe penalties. Some businesses can be exempt from FMLA laws, however.
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Public Employers
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The broadest coverage for the FMLA is for public employers. This includes all federal agencies as well as state and local agencies and employers, as well as educational institutions such as schools and universities. This broad provision for public employers does not extend, however, to contractors working with public agencies, which are treated as private employers.
Private Employers
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For private employers, whether the business is covered by the FMLA is dependent on the number of employees working for the company. If a private employer has 50 or more employees, the employer is covered by the FMLA. This is not limited to full-time employees. Employees must work only 20 work weeks in the current or preceding calendar year to be counted toward the 50.
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Eligible Employees
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Not all employees are eligible for coverage under the FMLA. To be covered by the FMLA, an employee must have worked for the employer for at least 12 months, have worked at least 1,250 hours before their FMLA leave; and work at a location with at least 50 employees or within 75 miles of the location. Even if an employee is not covered by the FMLA, however, they can still count toward the 50-employee threshold if they meet the 20-week requirement.
State Expansion of FMLA
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The FMLA is a federal statute and sets the minimum requirements for family and medical leave. However, individual states can expand the requirements of the FMLA. Many states have expanded the FMLA by lowering the threshold for the number of employees needed to be covered by the statute or by increasing the extent of benefits by either increasing the number of people considered family under the FMLA or increasing the number and type of valid reasons for FMLA leave.
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References
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