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Family and Medical Leave Policy for Employers Not Subject to the FMLA

Author: Meryl Gutterman, Nukk-Freeman & Cerra, P.C.

When to Use

Generally, family and medical leave laws require that covered employers provide eligible employees with job-protected leaves of absence for qualifying reasons. The federal Family and Medical Leave Act (FMLA) governs family and medical leave for employers with 50 or more employees. If an employer is not subject to the FMLA, the employer may be subject to a state family and/or medical leave law.

Not all states require state family and medical leave for private employers - and in some cases a state has such a law but it will not apply to an employer because the employer does not have the requisite number of employees to be a "covered employer". In these situations an employer can choose to implement a family and medical leave policy that is in line with the FMLA or state equivalent, and may modify it to meet the employer's needs.

Customizable Policy