EmploymentQuestion 1068 of 1632

The federal Family and Medical Leave Act (FMLA) applies to private employers with at least how many employees?

a.15 employees, as under Title VII
b.50 employees within a 75-mile radius
c.5 employees, as under California's CFRA
d.20 employees at any single location

Explanation

FMLA reaches a private employer that employed 50 or more employees for 20 or more workweeks in the current or preceding year, and an individual employee is eligible only if 50 employees work within 75 miles of the worksite - which is why a contractor with scattered crews can be a covered employer with ineligible employees. (c) is the California figure, dropped to five employees by SB 1383, and it is the practical point: most small contractors owe CFRA leave while owing no FMLA leave at all, so the federal threshold is the wrong one to check. (a) is the FEHA and Title VII discrimination threshold. (d) is invented.

Law Reference: 29 U.S.C. §2611(4)(A)(i) (FMLA); Government Code §12945.2(b) (CFRA, SB 1383)

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