Mastering FMLA Compliance: A Comprehensive Guide for Employers on Eligibility, Coverage, and Legal Requirements

In 1993, the United States government enacted the Family and Medical Leave Act (FMLA). This federal law requires employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family or medical reasons. However, not all employers are subject to the FMLA’s provisions. In this article, we will explore the criteria for an employer to be considered “covered” under the FMLA, and other factors that employers should know.

Defining a “Covered Employer” under FMLA

Under the FMLA, a covered employer is one that employs 50 or more individuals for 20 or more workweeks within the current or previous calendar year. Therefore, a company that has fewer than 50 employees does not have to provide FMLA leave, even if the employee fulfills other eligibility criteria.

Conditions for a company to be considered “covered” under FMLA

To be considered a “covered employer” under the FMLA, an employer must meet certain conditions. If there were 50 or more employees for 20 weeks of the current or prior calendar year, the employer is covered under the statute. This means that if the business has reached the 50-employee threshold, it has 75 days to prepare to abide by FMLA guidelines.

Understanding a corporation as a single employer under FMLA

The FMLA describes a corporation as a single employer, and all the employees at all of its locations count toward the 50-employee threshold for FMLA coverage. For example, if a corporation has two locations and hires 30 people at each location, the corporation is considered a covered employer under the FMLA.

Exploring the concept of an “integrated employer” and its effect on FMLA coverage

In some cases, separate businesses may all be considered parts of a single employer if they qualify for what is known as an “integrated employer.” The integrated employer test, as applied by the Fourth Circuit, is whether the employers are “completely disregarded in jointly determining employee coverage.” What this means is that if two companies jointly control or share the same group of employees, those two entities may be integrated employers. In this situation, both employers are responsible for counting the employee for FMLA purposes, even if only one of them has the employee on its payroll.

Examining how a company takeover affects FMLA obligations

When an employer takes over a covered employer, it must comply with FMLA regulations. The employer becomes responsible for providing leave to employees who worked at the previous company and meet FMLA eligibility criteria. The employee’s job is also protected under such a takeover, and the new employer is obligated to return the employee to the same or an equivalent position following the leave.

Identifying factors to determine if a new employer is a successor under FMLA

Factors used to determine whether a new employer is a successor under FMLA include whether the new employer continues the same business operations and provides similar products or services. The continuity of the customer base, work schedule, and other pertinent factors may also play a role in determining if the new employer is a successor.

Understanding the Family and Medical Leave Act and the criteria for FMLA coverage is essential for employers to comply with the law, protect their employees, and maintain the quality of their workplace. Employers should also consult with their legal advisors or turn to Tom D’Agostino, whose wealth of experience and expertise in employment law and disability law make him a great resource for employers.

Explore more

Agentic AI Redefines the Software Development Lifecycle

The quiet hum of servers executing tasks once performed by entire teams of developers now underpins the modern software engineering landscape, signaling a fundamental and irreversible shift in how digital products are conceived and built. The emergence of Agentic AI Workflows represents a significant advancement in the software development sector, moving far beyond the simple code-completion tools of the past.

Is AI Creating a Hidden DevOps Crisis?

The sophisticated artificial intelligence that powers real-time recommendations and autonomous systems is placing an unprecedented strain on the very DevOps foundations built to support it, revealing a silent but escalating crisis. As organizations race to deploy increasingly complex AI and machine learning models, they are discovering that the conventional, component-focused practices that served them well in the past are fundamentally

Agentic AI in Banking – Review

The vast majority of a bank’s operational costs are hidden within complex, multi-step workflows that have long resisted traditional automation efforts, a challenge now being met by a new generation of intelligent systems. Agentic and multiagent Artificial Intelligence represent a significant advancement in the banking sector, poised to fundamentally reshape operations. This review will explore the evolution of this technology,

Cooling Job Market Requires a New Talent Strategy

The once-frenzied rhythm of the American job market has slowed to a quiet, steady hum, signaling a profound and lasting transformation that demands an entirely new approach to organizational leadership and talent management. For human resources leaders accustomed to the high-stakes war for talent, the current landscape presents a different, more subtle challenge. The cooldown is not a momentary pause

What If You Hired for Potential, Not Pedigree?

In an increasingly dynamic business landscape, the long-standing practice of using traditional credentials like university degrees and linear career histories as primary hiring benchmarks is proving to be a fundamentally flawed predictor of job success. A more powerful and predictive model is rapidly gaining momentum, one that shifts the focus from a candidate’s past pedigree to their present capabilities and