Did you Count Temp and Part-Time Employees?

If you are a Company covered under the Family and Medical Leave Act (FMLA), eligible employees are entitled to leave (either consecutive or intermittent) of up to 12 work weeks of leave in a 12 month period under certain circumstances. PLUS the Company must continue to pay the employer’s share of the employee’s individual group health insurance premiums during the leave. These entitlements can be very disruptive and costly to an employer. So, is your Company covered?? Does your Company have to have and follow an FMLA policy?

Under federal law, the Family and Medical Leave Act, a private employer is covered if it maintained 50 or more employees (full or part time) on the payroll during 20 or more calendar work weeks (not necessarily consecutive work weeks) in either the current or the preceding calendar year. If you have fewer employees than this, your Company does not have to have an FMLA policy.

As to temp employees, the Company must count such employees in determining the Company’s coverage under the Family and Medical Leave Act. Click here to see Fact Sheet #28N: Joint Employment and Primary and Secondary Employer Responsibilities under the Family and Medical Leave Act (FMLA) as issued by the US Department of Labor Wage and Hour Division.

Thus, the headcount for a Company to determine if it is covered under the Family and Medical Leave Act includes all part-time employees and temp employees.

If you have any questions on this topic and FMLA, please contact attorney Anthony J. Caruso in our St. Charles office at (630) 377-1554 or by email at ancaruso@wesselssherman.com