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InstituteIn Depth (Level 3)Family and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)EnglishAnalysisFocus AreaUSA

Key definitions

['Family and Medical Leave Act (FMLA)']
Key definitions
  • Under the Family and Medical Leave Act (FMLA) a covered employer includes:
    • Any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer,
    • Any successor in interest of an employer, and
    • Any public agency.

The 50 employees for private employers include part-time and seasonal employees. Any employee whose name is on the payroll for every day of the week counts for that week. It doesn’t matter if the employee received wages or not. The 20 weeks need not be consecutive.

Coverage does not end immediately upon falling under the 50-employee threshold. Employers need to have fewer than 50 employees for at least one calendar year before the company is considered to no longer be covered.

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family-and-medical-leave-act-fmla
family-and-medical-leave-act-fmla
FOUNDATIONAL LEARNING
Key definitions
  • Under the Family and Medical Leave Act (FMLA) a covered employer includes:
    • Any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer,
    • Any successor in interest of an employer, and
    • Any public agency.

The 50 employees for private employers include part-time and seasonal employees. Any employee whose name is on the payroll for every day of the week counts for that week. It doesn’t matter if the employee received wages or not. The 20 weeks need not be consecutive.

Coverage does not end immediately upon falling under the 50-employee threshold. Employers need to have fewer than 50 employees for at least one calendar year before the company is considered to no longer be covered.