Section 5 Private Employers

• Library: Employment Discrimination 2008

To be covered by the FMLA, private employers must be engaged in commerce, or in any activity affecting commerce, with 50 or more employees for 20 or more work weeks in the current or preceding calendar year. 29 C.F.R. § 825.104(a); 29 U.S.C. § 2611(4). “For purposes of the FMLA, employers who meet the 50-employee coverage test are deemed” to affect commerce.
29 C.F.R. § 825.104(b). Employers that operate locations with fewer than 50 employees are not covered as to those locations unless they employ 50 or...