What Is Covered Employer?

A 'Covered Employer' refers to an employer who is required to comply with the Family and Medical Leave Act (FMLA) due to having 50 or more employees.

A Covered Employer is defined as an employer who is required to comply with the Family and Medical Leave Act (FMLA) of the United States due to having 50 or more employees. This federal law mandates that covered employers provide eligible employees with unpaid, job-protected leave for specified family and medical reasons.

Legal Definition

Under the FMLA, a “Covered Employer” includes:

1. Private-sector employers with 50 or more employees.
2. Public agencies, including local, state, and federal employers, regardless of the number of employees.
3. Public and private elementary and secondary schools, regardless of the number of employees.

Compliance and Enforcement

Employee Count Criteria

The FMLA mandates that for an employer to be deemed “covered,” they must employ 50 or more employees for each working day during 20 or more calendar workweeks in the current or preceding calendar year. This includes part-time employees.

Obligations of Covered Employers

• Provide Leave: Covered employers must grant up to 12 workweeks of unpaid leave in a 12-month period for qualifying reasons.
• Job Protection: Ensure that employees who take FMLA leave are reinstated to the same or an equivalent position upon their return.
• Maintain Health Benefits: Continue an employee’s group health insurance coverage under the same terms as if the employee had not taken leave.

Historical Context

The FMLA was enacted in 1993 to address the need for employees to balance their work and personal medical needs without fear of job loss. It was one of the first federal laws to provide such benefits on a widespread scale.

Applicability

Qualifying Reasons for Leave

Covered employers must provide FMLA leave for:

• The birth and care of a newborn child.
• The placement of a child for adoption or foster care.
• To care for an immediate family member (spouse, child, or parent) with a serious health condition.
• The employee’s own serious health condition that makes them unable to perform the essential functions of their job.
• FMLA military family leave provisions, including qualifying exigencies related to covered active duty and up to 26 weeks of leave to care for a covered servicemember with a serious injury or illness.

Special Considerations

Exceptions

Small businesses with fewer than 50 employees are not covered by the FMLA and, thus, are not required to provide FMLA leave. However, some states have enacted legislation that provides similar or extended leave protections.

Integration with Other Laws

The FMLA works concurrently with other employment laws, such as the Americans with Disabilities Act (ADA). Employers must consider both regulations when determining their obligations.

Related Terms

• Eligible Employee: An Eligible Employee is someone who works for a covered employer, has worked for the employer for at least 12 months, has at least 1,250 hours of service during the 12 months before the leave, and works at a location where the employer has 50 or more employees within 75 miles.
• Serious Health Condition: A Serious Health Condition refers to an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider.

FAQs

Can a covered employer deny FMLA leave?

Generally, covered employers cannot deny FMLA leave if an employee fulfills all eligibility requirements and the leave request pertains to a qualifying reason.

How is the 12-month leave period calculated?

Covered employers can choose one of four methods to determine the 12-month period: the calendar year, any fixed 12-month “leave year,” the 12-month period measured forward from the date any employee’s first FMLA leave begins, or a rolling 12-month period measured backward from the date an employee uses FMLA leave.

References

• U.S. Department of Labor. “Family and Medical Leave Act.” DOL FMLA
• Family and Medical Leave Act Regulations 29 CFR Part 825

Summary

A Covered Employer is an essential concept under the FMLA, ensuring that certain employers provide necessary leave benefits for significant personal and family health events. This legal mandate seeks to support the work-life balance and health needs of the workforce, contributing to a more equitable and supportive work environment.