Are All Employers Required to Give FMLA Leave?

An Employee Benefits FAQ with M. Thomas Langan II.

The Family and Medical Leave Act, or FMLA, requires certain employers to provide for job protection or unpaid leave for employees facing certain medical- or military-related events. FMLA does not apply to all employers, but rather two groups.

First, it applies to all public agencies regardless of size. This includes federal, state and local public employers, including schools.

Second, it applies to private employers who employ 50 or more employees throughout most of the year. For purposes of counting employees, the definition of “employee” is defined broadly so employers should error on the side of inclusion.

Overall, FMLA does not apply to all businesses and most private small businesses are exempt.

© 2014 Parsonage Vandenack Williams LLC

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