FMLA Employer Coverage Rule

[bart730]

What is the name of your state? Illinois.

We have 40 employees in our corporate headquarters in Illinois, 2 employees in LA, 5 employees in San Francisco, and 9 employees in New York City.

Are we covered by FMLA under federal and/or any state rules? I don't think so; but I want to double-check.

Thanks.

 

[mlane58]

As far as federal law is concerned, FMLA only applies to companies that have more than 50 employees within 75 miles of each other. If you are working for a company that has less than 50 employees, you are not entitled to FMLA leave. Furthermore, if you work for a company that has more than 50 employees but does not have 50 employees near you, may also not be covered.

I do not see anything in Illinois law that is different or extends the FMLA beyond the federal law. You might want to check with am attorney in Illinois to be sure

 

[cbg]

You are not a qualified employer under Federal FMLA.

You are subject to the CA maternity leave law.

You must provide your IL employees up to 8 hours of leave to participate in a child's school activities.

I think that's it for mandated leave time.

 

[Beth3]

Are we covered by FMLA under federal and/or any state rules? You're certainly not subject to the federal FMLA.

You ARE subject to California's Pregnancy Disability Leave Act, which applies to employers with five or more employees. CA also has a Kin Care Law and a Paid Family Leave Act that you also may be subject too. I don't know what the employee thresholds are on those but it's definitely something you need to look into.

A search of IL's and NY's DOL web sites did not result in any information which sugggests they have any State-level versions of the FMLA.