FLMA Rules for UNDER 50 Employees? Any HR Workers Out There?

Updated on October 29, 2010
A.K. asks from Minneapolis, MN
10 answers

I know there are rules for corporations with over 50 employees, but how do I finds out if there are any FLMA rules for small companies (like under 20 employees)? If their handbook says you get a certain time, can they change their mind and NOT offer you that time? Thanks moms.

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answers from Tulsa on

My daughter worked for a nationwide hotel chain, they have several different names on their properties and they only had a few employees in the city I live in and when she had her baby they told her they would hold her job and she could come back without penalties after 6 weeks. She went back and was put on a different shift, had different responsibilities, etc...she could not get child care at the time she was working. I know they hired someone they liked better to take her place and they were trying to get her to quit. And she did.

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answers from Detroit on

I used to be in HR.There is a state Parental Leave Act in MN that applies to employers with over 20 employees, which gives 6 weeks rather than the 12 weeks under federal FMLA. If your employer has less than 20 employees, I don't know of anything that will help. It should be according to their policy, although they probably reserve the right to change their policy. I would advise you to ask for the published leave in writing (professionally no sarcasm) and get a written response. If you believe you are being discriminated against because of race, gender, religion, age, disability or other protected class status, you can contact the MN Dept of Human Rights. Please note that not all "unfair" decisions by an employer necessarily represent discrimination but they can help you apply the laws to your circumstances. Good luck!

4 moms found this helpful


answers from Dover on

FLMA only applies to companies with over 50 employees within a certain mail radius. There is no FLMA for smaller companies; however, a company can have a policy that mirrors the FLMA even though that specific law does not require it (some companies do, others do not). There may be a state law but here in DE there is not. You can check w/ the Dept of Labor in your state.

Unless they have revised their handbook, they are supposed to honor that. I believe you would have a case if they didn't allow it and you took them to court. They can provide a benefit/leave time that is equal to or better than the law but not less than the law allows.

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answers from Minneapolis on

call the mn dept of labor-they will give you all info you need.

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answers from Minneapolis on

The federal Family and Medical Leave Act (FMLA), which requires employers to give 12 weeks of unpaid leave in certain circumstances, applies only to companies that employ more than 50 people within a 75-mile radius. If your company doesn't meet these conditions, you do not have to provide leave under the FMLA.

However, many states also have family and medical leave laws, and these often apply to smaller business. So even if the FMLA does not apply to you, your state's law might. To learn more about your state leave law, contact your state labor department.



answers from Chicago on

FMLA does not apply to companies under 50 employees. It depends with the handbook if they have disclaimers that say policies can change at any time. If they do then yes they can change the policy, if not you should be able to take the time, but you would have to fight them with the Dept of labor probably.



answers from Chicago on

You should be able to search the information on-line. I know that our HR department gets her FMLA paperwork on-line.



answers from Dallas on

it would be a company policy issue, FMLA only governs companies with over 50 employees, and it's unpaid leave. do you know any attorneys that could look over the handbook for you? do you have some type of employment contract signed by yourself and a company rep that lays out sick time and other types of leave with/without pay? idk what to tell you, but good luck, i hope things work out for you.



answers from Omaha on

FMLA only applies to 50 and over. There isn't any other federal thing in place for companies that are smaller. I checked into it when I got preggers and worked at a smaller company. I pretty much had to quit because I needed time off for hypermesis gravidum. I was told that after I was better I could reapply basically. By law all they had to do was make "reasonable" accommodations for my pregnancy so I could do my job. If I couldn't do my job after that, and I couldn't constantly run to the bathroom and puke every other moment... I had to go and that was perfectly fine. crappy.

But I was on a nice birth board and some moms talked about some had state laws protected everyone! So check into your state laws. You never know.

Unfortunately mine did not. Once I was better no one wants to hire a visibly preggers woman. Just kind of reality and I knew it. BUT I still don't have a job but being a SAHM is so much better.



answers from Madison on

Unfortunately, if your company has <50 employees they are not subject to regulation by FMLA and you are left to their mercy regarding leave maternity leave. Check and see if you have short-term disability insurance. If so, you can probably take that as maternity leave, and it should be paid in part too. FMLA does not provide for pay, just 12 weeks off without penalty.

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