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Employer coverage
  • The FMLA covers private employers and public agencies that meet certain criteria.

Both private employers and public agencies can be covered by the Family and Medical Leave Act (FMLA).

If the company is a public agency, it doesn’t matter how many people it employs. Public agencies include the government of the United States; the government of a State or political subdivision thereof; any agency of the United States (including the United States Postal Service and Postal Rate Commission), a State, or a political subdivision of a State, or any interstate governmental agency.

If the company is in the private sector, it is covered if it has 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.