Legal Question in Medical Leave in Virginia
Family Medical Leave Act
If an employer once had a head count of 50+ employees, and that count has been under 50 employees for over 1 year, are we still required to follow the FMLA requirements?
2 Answers from Attorneys
Re: Family Medical Leave Act
Section 101.(FMLA) DEFINITIONS
(4)EMPLOYER.--
(A)IN GENERAL--the term "employer"
(i)means 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;
Based upon the foregoing, even if you had 50 + employees for only 20 of the work weeks in calendar year 2006, you would still be bound to honor the terms
of the FMLA with respect to your employees.
Re: Family Medical Leave Act
That's a good question, but one for your company attorney. The ramifications of getting it wrong are too serious for an online advice forum. Any company with anything close to 50 employees should have retained counsel, so to research and/or provide advice would be improper.
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