FMLA Notification Question:

FMLA Notification Question:

I work for an organization that has apparently fallen below the minimum number of employees (50) that would obligate it to offer FMLA. I'm fairly senior in the organization from a daily management perspective and have been with the company for about 4 years. Most of that time we have had FMLA and as the hiring manager for my department, I try to stay up on the notifications from what limited HR support we have. I just found out indirectly from an employee needing FMLA that we no longer offer it; this was news to me as there was no formal announcement made that the company would no longer be providing it and when that went effective.

Compounding the issue that the company is broken into separate "subsidiaries" that overall company employee counts are never quite transparent (both by organization and use of some independent contractors), so to be aware of the count being used for legal labor requirements is not easy internally for the average employee to have picked up on this change. Essentially it's not quite common sense in our organization to know "we're less than 50, so we no longer have FMLA".

My question is this: there is a lot out there about the notification requirements about FMLA from the employer as far as when they do have to comply with it (50 headcount), but I'm unable to find what the legal and expected notification standard is for employers to their employees who work for an organization that once had to comply but now no longer has to because of headcount. Any advice in this area would be greatly appreciated.

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2 Comments

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  1. Anonymous

    I don't know of any requirement to notify employees when if the company no longer has to comply with FMLA. But even at companies that are bound by FMLA, it doesn't always apply to all employees.

  2. Julie Sencion

    Depending on the state there are similar protected leave options that the employee count is at least 25 or it doesn’t matter how many employees there are. Americans with Disabilities Act also covers time off as a reasonable accommodation. I also recommend reviewing this https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/employerguide.pdf, to better understand what is considered having 50 FTEs. Many organizations try to avoid these protections but if an employee sued for discrimination or failure to accommodate, it is unlike your company would win. The real question is what do they feel the benefit is from not providing it even if you have less than 50 employees?

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