Human Resource Blog

Part Time Employees and the FMLA

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 Our Ohio gardening company has 20 full time employees year round, 10 part time employees and about another 25 seasonal employees. We’re wondering if we qualify under the terms of the FMLA since we only have 20 full time employees.

Yes. The FMLA, or Family Medical Leave Act, is in place for companies that have 50 employees on the payroll. This is a federal Act that is in place to cover companies and employees in all states across the country. As such, it does not matter where your business is; you are required to comply if you meet the guidelines. Your employees do not necessarily have to be full time or year-round employees, but as long as they are on the payroll, they are counted as employees. Additionally, if you have workers that are on either paid or unpaid leave, they are counted as employees on the payroll as long as you believe that they will return to work after the period of leave.

In order for your employees to benefit from the FMLA, they have to have worked for you for at least 12 months in previous years. However, those 12 months do not have to be consecutive. So, if you have an employee that comes every year during growing season, but then does not work for you for the rest of the year, that employee will count on your FMLA status as long as he or she has put in 12 months and/or 1,250 hours with your company over the previous 12 month period.

Also, your employees must use the FMLA time off for a reason that is clearly outlined by the Act, such as a pregnancy, adoption, new foster child, illness, or to tend to a sick family member that qualifies. Essentially, you could have a long-time employee that works seasonally take off an entire season if he or she has been working for you for 12 months. Also, keep in mind that the FMLA regulates that the time off can either be paid or unpaid, depending on the length of employment that the employee has had with your company.