The Federal Family and Medical Leave Act (FMLA) applies to employers who meet certain criteria, and these employers are referred to as “covered employers.” To determine whether you are a covered employer required to provide FMLA to eligible employees, you need to meet the following criteria:
- Private employers: If you are a private employer, you are a covered employer if you have 50 or more employees who work within a 75-mile radius of the worksite where the employee is requesting leave.
- Public agencies: If you are a public agency, such as a federal, state, or local government agency or a school district, you are a covered employer regardless of the number of employees you have.
Once you have determined that you are a covered employer, you must also ensure that your eligible employees are provided with FMLA leave.
To be eligible, an employee must have worked for you for at least 12 months, have worked at least 1,250 hours during the 12 months prior to the start of leave, and work at a location where you have at least 50 employees within 75 miles.
It is important to note that even if you are not a covered employer, you may still be subject to state and local leave laws, so it is important to check the applicable laws in your area.