Is Your Business Making These Common FMLA Mistakes?

Many employers are intimately familiar with the federal Family Medical Leave Act (FMLA), which requires up to 12 workweeks of job-protected leave for qualified employees of covered employers. The FMLA was enacted more than 30 years ago, yet some aspects of this frequently used leave can trip up well-intentioned and experienced employers. Here we discuss three common FMLA-related mistakes we encounter as business advisors.

"Our business currently has less than 50 employees. Does the FMLA apply to us?"

Maybe — depending on your headcount during a look-back period, not just your current headcount.

A common misunderstanding of the FMLA is that its 50-employee standard is based on the company's current headcount. However, an employer is covered if it had 50 or more U.S. employees for at least 20 calendar weeks during either the current or previous calendar year. These 20 weeks need not be consecutive and all employees on payroll are counted. Moreover, once an