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Compliance Assistance Resources

elaws - employment laws assistance for workers and small businesses

- Family and Medical Leave Act Advisor

Employer Coverage - Private Employer

Based on your selections, it appears the employer is covered by the FMLA.

It is important to remember that, for FMLA purposes, employer coverage is determined separately from employee eligibility under the FMLA. Just because an employer is covered by the FMLA does not necessarily mean that an employee is eligible for leave under the law.

Continue to Employee Eligibility

If you have already established employee eligibility, continue to the Main Menu.

Please Note: All private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year are covered by the FMLA. Joint employers and successors in interest of covered employers may also be covered by the FMLA.

Briefly, "joint employment" refers to situations where more than one employer "shares" the services of some employees or control over some employees, or where one employer acts in the interest of another employer in relation to some employees. A "successor in interest" is an employer who buys or otherwise comes into control of another employer (e.g., a buyout or award of a contract through re-competition).

For more information on this aspect of the FMLA, see the FMLA regulations: § 825.104, § 825.105