FMLA - Are we still covered

maristoffel

We were covered under the FMLA in 2001 because we had over 50 employees for more than 20 weeks of the year. At the end of the year we laid 6 employees off (permanently) bringing our total employment down to 46 employees. I know we are covered for at least a portion of this year, but are we covered for the entire year? If not, how long will we be under the FMLA?

Don D

The Act states that you are covered if you "...employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year." So, it appears you'll be covered until January 1st of next year. On THAT date, in 2003, if you had not increased your employment level back up to 50 (as defined above), you will NOT have had 50 or more employees at ANY time during the current (2003) or preceding (2002)year.