You’re subject to the Family and Medical Leave Act (FMLA) if you’re a private sector employer that had 50 or more employees for at least 20 workweeks in the current or preceding calendar year.

When counting your employees, include any employee whose name appeared on your payroll on any working day of a calendar week, regardless of whether they received compensation for the week.

Once you meet the 50-employees-for-20-workweeks threshold, you remain covered unless you reach a point in the future when you no longer have 50 employees for 20 workweeks in the current or preceding calendar year.

Public employers and local educational agencies (such as school boards and public or private elementary and secondary schools) are covered by FMLA regardless of how many employees they have.

This Q&A does not constitute legal advice and does not address state or local law.