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Family medical leave act for small business

January 6, 2026federal-laws

Family Medical Leave Act for Small Business: What HR Needs to Know About FMLA Coverage, Eligibility, and Compliance

If you’re searching for guidance on the family medical leave act for small business, you likely need to know one thing fast: Does FMLA apply to my company, and what do I have to do to comply? This SwiftSDS guide breaks down FMLA for small business owners and HR teams—who is covered, what leave must be provided, required notices and documentation, and practical steps to reduce risk.

What the FMLA Requires (and When Small Businesses Are Covered)

The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 workweeks of job-protected, unpaid leave in a 12-month period for certain family and medical reasons. In some cases (military caregiver leave), eligible employees may take up to 26 workweeks.

FMLA is primarily governed by:

  • 29 U.S.C. § 2601 et seq.
  • Department of Labor regulations: 29 C.F.R. Part 825

H3: The 50-Employee Threshold (Why Many Small Businesses Aren’t Covered—Yet)

A private-sector employer is covered by FMLA if it employs 50 or more employees for 20 or more workweeks in the current or preceding calendar year (29 C.F.R. § 825.104).

Key points for small business compliance planning:

  • The 50 employees must be within 75 miles of the employee’s worksite (the “75-mile rule” affects employee eligibility).
  • Employee counts can include full-time and part-time employees; how you count can be nuanced depending on pay status and workweeks.

Even if you’re under 50 employees, it’s smart to understand FMLA basics because:

  • Growth can trigger coverage mid-year.
  • Many states have “mini-FMLA” or paid leave programs with lower thresholds.
  • ADA accommodations may still apply for medical leave (more on that below).

For broader federal compliance context beyond leave, see SwiftSDS’s overview of 5 rights of workers.

Employee Eligibility: Who Qualifies for FMLA Leave?

Even if your business is a covered employer, not every employee qualifies. Under 29 C.F.R. § 825.110, an employee is generally eligible if they:

  1. Work for a covered employer;
  2. Have worked for the employer for at least 12 months (not necessarily consecutive); and
  3. Have at least 1,250 hours worked during the 12 months immediately before leave begins; and
  4. Work at a site where the employer has 50 employees within 75 miles.

H3: Are Independent Contractors Eligible?

Misclassification is a common small-business risk area. Generally, independent contractors are not eligible for FMLA because FMLA applies to employees. If you’re unsure how this applies to your workforce structure, see are contractors eligible for fmla for a deeper breakdown.

Qualifying Reasons for Leave (What You Must Approve)

Under 29 C.F.R. § 825.112 and related sections, eligible employees may take FMLA leave for:

  • Birth of a child and bonding (within 12 months of birth)
  • Placement of a child for adoption or foster care and bonding
  • Caring for a spouse, child, or parent with a serious health condition
  • The employee’s own serious health condition that makes them unable to perform essential job functions
  • Certain military family needs (qualifying exigency)
  • Military caregiver leave (up to 26 weeks) for a covered servicemember with a serious injury/illness

H3: Intermittent or Reduced-Schedule Leave (Common Small Business Pain Point)

FMLA leave can be taken in a block or intermittently when medically necessary (29 C.F.R. §§ 825.202–825.205). For employers, that means:

  • You must track leave in the smallest increment you use for other absences (but no greater than one hour).
  • You can require employees to follow normal call-in rules absent unusual circumstances (29 C.F.R. § 825.303).

For practical examples of scheduling and reduced hours, review Can you work part time on fmla.

What Small Businesses Must Do: Notices, Certifications, and Recordkeeping

Compliance under the family medical leave act for small business isn’t only about approving leave—it’s also about documenting decisions and using the correct notices on time.

H3: Required FMLA Notices (Timing Matters)

Covered employers must:

  • Post a general FMLA notice (DOL poster requirement) (29 C.F.R. § 825.300(a))
  • Provide an Eligibility Notice and Rights & Responsibilities Notice within five business days of learning leave may be FMLA-qualifying (29 C.F.R. § 825.300(b)-(c))
  • Provide a Designation Notice within five business days after you have enough information to determine whether leave is FMLA-qualifying (29 C.F.R. § 825.300(d))

Because SwiftSDS focuses on labor law posting and documentation systems, it’s also worth ensuring your wage-and-hour poster compliance is current alongside leave compliance—see the DOL’s required Employee Rights Under the Fair Labor Standards Act notice.

H3: Medical Certification Rules (When You Can Ask, and What You Can Require)

If leave is for a serious health condition, you may require medical certification (29 C.F.R. § 825.305). Actionable best practices:

  • Provide the certification request in writing and allow at least 15 calendar days to return it.
  • If incomplete/insufficient, notify the employee in writing and allow 7 calendar days to cure (29 C.F.R. § 825.305(c)).
  • Keep medical information confidential and in a file separate from the personnel file.

H3: Recordkeeping Requirements

Employers must maintain FMLA records for at least three years (29 C.F.R. § 825.500), including:

  • Dates of FMLA leave
  • Hours taken if intermittent
  • Notices provided and received
  • Policies and dispute records
  • Premium payments for benefits

Coordinating FMLA with the ADA (A Key Issue for Small Businesses)

Even when FMLA ends—or when a small business is not covered by FMLA—medical leave may still arise as a reasonable accommodation under the Americans with Disabilities Act (ADA), depending on the facts.

Common coordination scenarios:

  • Employee exhausts 12 weeks of FMLA but needs additional leave as an ADA accommodation.
  • Employee is not FMLA-eligible but has a disability requiring leave or schedule modification.

SwiftSDS has deeper resources on HR workflows and documentation, including ada hr and practical paperwork guidance in ada forms for employers.

Multi-State and Local Leave Laws: Small Businesses Must Also Check Where They Operate

Many employers search “FMLA for small business” when they’re actually dealing with state family leave rules that apply at lower headcounts or provide paid leave.

Examples SwiftSDS covers:

  • California family leave (often overlaps with FMLA but includes additional state protections)
  • Dc fmla (Washington, DC has its own rules and processes)
  • Ct fmla paperwork (Connecticut’s documentation and administration can differ from federal practice)

Practical compliance step: build a location checklist so your HR team confirms (1) federal FMLA coverage and eligibility, and (2) any state/local leave and posting obligations for the employee’s worksite.

Practical Compliance Checklist for FMLA in a Small Business

Use this as an internal SOP starter:

  1. Confirm coverage: Are you at/over 50 employees for 20 workweeks? Track growth monthly.
  2. Confirm eligibility: 12 months, 1,250 hours, and 50 employees within 75 miles.
  3. Train managers: They should recognize triggers like “I need time off for treatment” (even if the employee doesn’t say “FMLA”).
  4. Issue notices on time: Eligibility + Rights/Responsibilities within 5 business days; Designation within 5 business days once determined.
  5. Use certification correctly: Provide deadlines, cure opportunities, and confidentiality safeguards.
  6. Track intermittent leave carefully: Use consistent increments; avoid retaliation or interference claims.
  7. Coordinate with ADA: Evaluate additional leave as a reasonable accommodation when appropriate.
  8. Check state/local rules: Especially for CA, CT, and DC and other jurisdictions where state programs may be broader than FMLA.

FAQ: Family Medical Leave Act for Small Business

Does the Family Medical Leave Act apply to businesses with under 50 employees?

Usually no for private employers—FMLA generally applies at 50+ employees for 20+ workweeks. However, you may still have obligations under state leave laws or the ADA depending on your location and the employee’s situation.

Can I require an employee to use PTO during FMLA leave?

In many cases, yes—FMLA is unpaid, and employers may require (or employees may elect) substitution of accrued paid leave under certain conditions (29 C.F.R. § 825.207). Your policy must be applied consistently and communicated in the Rights & Responsibilities notice.

Do I have to hold an employee’s job during FMLA leave?

Generally yes—FMLA provides job restoration to the same or an equivalent position (29 C.F.R. § 825.214). There are limited exceptions (e.g., certain “key employees”), but these have strict notice requirements.

For a broader view of how federal labor standards fit together—leave, wage rules, and workplace protections—SwiftSDS also summarizes how as it pertains to employment opportunity the eeo strives to guide compliant, non-discriminatory HR practices.