QOTW
Pro Tips
Is Your Organization Subject to FMLA? Here's How to Know.
Sep 16, 2026
Each week, we tackle a real HR question from business owners just like you. This week, we're clarifying a threshold question that determines whether a major federal leave law applies to your business.
The Question:
"Does the Family and Medical Leave Act apply to our organization?"
The Answer:
Whether FMLA applies to your organization comes down to a specific employee count over a specific timeframe. If you're a private sector employer and had 50 or more employees for at least 20 workweeks in the current or preceding calendar year, you're subject to FMLA.
How to Count Your Employees
This is where employers sometimes get tripped up. When counting toward that 50-employee threshold, you need to include anyone whose name appeared on your payroll on any working day of a calendar week, even if they didn't actually receive compensation for that week. In other words, this isn't just a headcount of active, paid employees; it's broader than that.
Once You're Covered, You Stay Covered
Here's an important detail many employers miss: coverage isn't something that comes and goes year to year based on a single dip in headcount. Once you meet the 50-employees-for-20-workweeks threshold, you remain a covered employer going forward. You'd only fall out of coverage if your employee count later drops below that threshold for both the current and the preceding calendar year.
Exceptions to the Rule
Not every covered employer has to hit the 50-employee mark. Public employers and local educational agencies, including school boards and both public and private elementary and secondary schools, are covered by FMLA automatically, regardless of how many people they employ.
The Bottom Line
FMLA coverage isn't just about your current headcount; it's about a rolling threshold over time, and it's stickier than many employers expect once you've crossed it. If you're close to the 50-employee mark, it's worth tracking your workweek counts carefully so you know exactly where your organization stands.
APS clients have access to more detailed FMLA information, including guidance on employee eligibility, on our platform.
This post is intended for general informational purposes and does not constitute legal advice. It does not address requirements under state or local law.
