Are employers who have less than 15 employees required to offer FMLA?

Asked over 2 years ago - Placerville, CA

Do employers with only a few employees have to comply with the same labor laws as larger businesses?

Additional information

So, if an employer with fewer than 15 employees does not have to comply with FMLA, can we say that the employee of the >15 employee business has fewer rights than other employed people? Is there a similiar law that protects those unprotected by FMLA?

Attorney answers (3)

  1. Alexei Kuchinsky

    Contributor Level 4

    2

    Lawyers agree

    Answered . If your reference to "labor laws" means FMLA, than the answer is no.

    Pursuant to 29 USCA ยง 2611(4)(A)(i), private employers are covered by the FMLA if they have employed 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.

    Keep in mind that any full-time or part-time employee whose name appears on your payroll in a calendar week is considered to be "employed" each working day of that week, whether or not the employee receives compensation.

    Therefore, if you, as an employer, employ only 15 or less employees you are not subject to the FMLA.

  2. Michael John Tonsing

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Although it's commonly thought that the FMLAonly covers businesses with 50 or more employees, the test is more complicated. Sometimes, businesses are covered even if they currently have less than 50 employees, and other times they're not covered though they have more than 50 employees. So, it's not simply a matter of counting employees.

    Businesses are covered by the FMLA if they:

    1 - have 50 or more employees on the payroll,
    2 - for at least 20 calendar weeks,
    3 - in the current or the preceding calendar year.
    Note: The FMLA covers elementary and secondary schools regardless of the number of people employed.

    And, t0 determine if a business has 50 or more employees, everyone working in that business must be counted, whether they are part-time or full-time; temporary, leased, probationary, or permanent; or, are working in that business or in another jointly managed business.
    All employees must be counted, whether they earn wages, salaries, commissions, or any combination. But, the FMLA does not count independent contractors as employees.

    For the FMLA to apply, as I stated, businesses must have 50 or more employees for at least 20 weeks in a calendar year. But, the weeks need not be consecutive. However, the weeks must be in a single calendar year.

    Hope this clarification of the businesses covered by the FMLA helps.

    This answer is made available by the above lawyer for educational purposes only. It is also offered as a public... more
  3. Marilynn Mika Spencer

    Contributor Level 20

    Answered . Please see my answer to your duplicate question here: http://www.avvo.com/legal-answers/are-employees...

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more

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