Which employees should an employer count to determine Family and Medical Leave Act (FMLA) applicability?

Author: Demetrius O. Holloway, Stites & Harbison

An employer must count all full-time, part-time and seasonal employees to determine if it meets the FMLA's 50-employee threshold. An employer must also count any employee on a leave of absence who appears on the employer's payroll for the calendar weeks considered, even if the employee does not receive compensation for those weeks, if the employer reasonably expects the employee will return to active employment.