Section 4 Covered Employers

• Library: Emp-Emp Law 2000

The FMLA covers private employers that (1) employ at least fifty employees for each working day during each of at least twenty calendar weeks in the current or preceding calendar year and (2) affect commerce. 29 U.S.C. § 2611(4). For purposes of the FMLA, employers who meet the fifty-employee coverage test are deemed to affect commerce. 29 C.F.R. § 825.104(b).

Any public agency, as defined in the FLSA, is a public employer covered under the act. 29 C.F.R. § 825.108(a); see 29 U.S.C. § 203. Examples would...