Introduction to the
Family and Medical Leave Act
Which employers are covered by the FMLA
The FMLA applies to businesses
that employ 50 or
more persons. The FMLA also applies to public agencies, and public and private schools.
Strangely, while the FMLA does not require a public agency or a public or private school
to have 50 or more employees in order to satisfy the FMLA's definition of
employer,
in order for a person who works for a public agency or public or private school to be an
eligible
employee, he or she must show that the employer has 50 or more employees at the
worksite or within 75 miles of the worksite. See, 29 U.S.C. Section 2611(4).
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Case Example
The case of Douglas v. E.G. Baldwin &
Associates, Inc., 150 F.3d 604 (6th Cir. 1998) involved a situation where the employer
agreed to be bound by the FMLA in its Employee Handbook, but the employer did not have 50
or more employees. Douglas sued under the FMLA and the Sixth Circuit held that the
employer cannot waive the 50 employee requirement established by Congress. Therefore,
the FMLA does not apply to this employer. As a result, Douglas's case was dismissed.
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Who qualifies as a family member under the
FMLA
The Act allows you to take family leave for a child,
spouse or parent.
A child means your biological, adopted, or foster
child, a stepchild, a legal ward, or a child for whom you are acting as the parent (an
example might be a grandmother who is actually being the mother for a grandchild). The
child must be under 18 years old, unless the child is incapable of caring for himself or
herself due to a mental or physical disability. See, 29 U.S.C. Section 2611(12).
Spouse simply means your husband or wife. See, 29
U.S.C. Section 2611(13).
Parent means your biological parent or the person
who acted as your parent when you were a child (once again, the grandmother example). Your
parents-in-law do not qualify as "parents" under the Act. See, 29 U.S.C. Section
2611(7).
