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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 that the employer is not covered by the FMLA. You indicated the employer has not employed 50 or more employees during 20 or more calendar workweeks in either the current or the preceding calendar year. The benefits and protections of the FMLA do not apply to employees of non-covered employers.

An employer covered by the FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day during each of 20 or more workweeks in the current or preceding calendar year.

However, employers may also be covered by the FMLA as "joint employers" or "successors in interest" to covered employers. For more information, see joint employment and successor in interest.

Please contact your nearest Wage and Hour Division office if you have additional questions about employer coverage.

Although your selections indicate that the FMLA does not apply to this employer, you may continue to Employee Eligibility or return to the Main Menu to learn more about the FMLA.

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