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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, we cannot determine whether the employer is covered by the FMLA.

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 calendar workweeks in the current or preceding calendar year. The benefits and protections of the FMLA do not apply to employees of non-covered employers.

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 we cannot determine whether the employer is covered by FMLA, you may continue to Employee Eligibility or continue the Main Menu to learn more about the FMLA and the rights and responsibilities of covered employers and eligible employees.

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