Counting Employees For FMLA Eligibility

The Family and Medical Leave Act (FMLA) provides eligible employees with job-protected leave for qualifying medical and family-related reasons. However, not all employers are covered under the FMLA, and not all employees qualify as a job discrimination lawyer can explain. One key factor in determining coverage is the number of employees an employer has. Understanding how employees are counted for FMLA purposes ensures compliance and prevents misunderstandings between employers and employees.

FMLA Coverage For Employers

The FMLA applies to private-sector employers that have 50 or more employees for at least 20 workweeks in the current or previous calendar year. This includes all employees on the payroll, regardless of full-time or part-time status, as long as they appear on the payroll for each working day within the designated period.

Who Counts Toward The 50-Employee Threshold?

• Full-time, part-time, and temporary employees count toward the 50-employee threshold as long as they are on the payroll during the workweek, even if they do not work every day.
• Employees on leave (e.g., paid or unpaid leave, FMLA leave, or workers’ compensation) still count as long as there is a reasonable expectation that they will return to work.
• Employees jointly employed by two businesses may be counted if they are economically dependent on the primary employer.
• Independent contractors as defined under the Fair Labor Standards Act (FLSA) do not count toward the threshold (Note to employers: be cautious here! This is a gray area of the law)

Employee Worksite And The 75-Mile Radius Rule

Even if an employer meets the 50-employee requirement, an individual employee must work at a location where at least 50 employees are employed within a 75-mile radius to be eligible for FMLA leave as our friends at Exhibit G Law Firm can share.

What Happens When Employee Counts Fluctuate?

If an employer’s workforce drops below 50 employees after meeting the threshold for 20 workweeks, FMLA obligations still apply for the remainder of the calendar year. Conversely, an employer that grows to 50 employees must track its workforce for 20 workweeks before becoming subject to FMLA regulations.

Best Practices For Employers And Employees

• Employers should maintain accurate records of employee counts and track worksite locations to ensure proper FMLA compliance. Accurate recordkeeping is essential for determining whether an employer meets the 50-employee threshold required under the FMLA. This includes keeping detailed payroll records that account for full-time, part-time, temporary, and seasonal employees, as well as employees who may be on paid or unpaid leave. Employers should also be mindful of how remote workers are counted — particularly if they report to a central office that may or may not fall within a 75-mile radius of other work locations. Regularly reviewing headcounts and evaluating geographic worksite groupings helps ensure that the organization remains compliant with federal leave laws. Employers should also document FMLA requests, leave approvals or denials, and any accommodations made to support consistency and legal defensibility in case of disputes or audits.
• Employees should verify their worksite eligibility and consult HR when considering FMLA leave to ensure they meet the requirements. Before formally requesting FMLA leave, employees should take the initiative to understand whether they are eligible. This involves confirming that they work at a location with at least 50 employees within a 75-mile radius and that they have worked for the employer for at least 12 months and have logged at least 1,250 hours of service in the past year. Human Resources (HR) departments can provide guidance on these eligibility requirements and assist employees in navigating the documentation process, such as submitting medical certifications or explaining the timing and duration of leave. By having early conversations with HR and providing any necessary documentation in a timely manner, employees can avoid delays or misunderstandings and ensure their rights are protected.
• Proactive communication from both employers and employees helps foster a cooperative environment that minimizes legal risk and prioritizes the health and well-being of the workforce.

Why Employee Counting Matters

Accurately determining FMLA eligibility helps both employers and employees understand their rights and responsibilities under the law. By staying informed about how employee counts affect FMLA coverage, businesses can effectively manage leave requests while ensuring compliance with federal regulations. If you need help with FMLA, contact a lawyer near you.