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FMLA compliance
Life in Workforce Management
FMLA compliance
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Recently, one of our employees went out on medical leave. At the time, it did not occur to me that we did not have 50 employees on payroll. When we qualified for FMLA early last year, we maintained ov
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Forums » Topic Forums » Life in Workforce Management » FMLA compliance
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FMLA compliance
posted at 1/24/2002 4:55 AM EST
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Posts: 3
First: 1/24/2002 Last: 3/1/2002 |
Recently, one of our employees went out on medical leave. At the time, it did not occur to me that we did not have 50 employees on payroll. When we qualified for FMLA early last year, we maintained over 50 employee's until the third quarter. Now that we have told this individual that they are covered, are we really required to honor this when we don't even qualify? Other HR professionals I have asked say, Once qualified on FMLA, keep it that way unless you are closing down or something. I would like to hear from others. |
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FMLA compliance
posted at 1/24/2002 7:32 AM EST
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Posts: 399
First: 6/21/1999 Last: 9/14/2005 |
My understanding is that if in the last year you qualified under the FMLA mandate for 26 weeks or more, you still qualify for the current year even if you have dropped below. I had over 50 employees for 28 weeks last year and was told that I still qualify for this year because of that. Next year, if I haven't had over 50 employees for at least half the year, we will no longer have to offer it. |
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FMLA compliance
posted at 1/24/2002 9:15 AM EST
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Posts: 378
First: 1/8/2002 Last: 9/14/2011 |
The test is 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. In counting the 20 or more calendar weeks, you can't count weeks that crossover from one calendar year to the next.
You can rely on the previous year, but can't keep it that way forever if you continue to employ less than 50. Some states expand on FMLA coverage so you may wish to check there also. Chuck |
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