FMLA - How will it work???

HR Mouse

We are a very seasonal company in Illinois. From Spring to Fall we have approx. 150 employees & in the winter months we go down to about 35 employees. What happens if we have an employee who needs to use FML during the months we only have 35 employees? I was told that she would only be eligible to be covered under the FMLA when our company has 50+ employees. Is that accurate? The employee has MS & although she hasn't had to use any FML yet I project that she WILL eventually & want to be prepared. And another employee has just been diagnosed with a neurological illness who will be in the same boat most likely with needing some time off perhaps.......HELP?!

HRforME

Your company is require to follow FMLA as long as you had 50 employees for either 20 weeks of the current or preceding year. 

 http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.104.htm  "An employer covered by FMLA is any person engaged in commerce or
in any industry or activity affecting commerce, who employs 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 will take a while before the company's eligibility is lost due to size.  If you had 50 in 2007, then the employer must follow FMLA through 2008.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.105.htm  which states "Once a private employer meets the 50 employees/20 workweeks threshold, the employer remains covered until it reaches a future point
where it no longer has employed 50 employees for 20 (nonconsecutive) workweeks in the current and preceding calendar year. For example, if an
employer who met the 50 employees/20 workweeks test in the calendar year as of August 5, 1993, subsequently dropped below 50 employees before the
end of 1993 and continued to employ fewer than 50 employees in all workweeks throughout calendar year 1994, the employer would continue to
be covered throughout calendar year 1994 because it met the coverage criteria for 20 workweeks of the preceding (i.e., 1993) calendar year."

With seasonal employees, though, you need to see how they are counted....section 105 also talks about how to count employees.  I suspect if you have 150 employees for more than 20 weeks per year that you will never lose FMLA coverage.  However remember that the employee also has to meet the individual eligibility requirements.