Discover how increasing staff size impacts FMLA eligibility and compliance requirements. Learn about providing required notices and developing FMLA policies as your company grows. Expert insights for SHRM-SCP certification exam preparation.
Table of Contents
Question
A company with 45 employees intends to increase its staff by 15% within the next month. What policy and compliance factor will be affected by this increase in staff?
Answer
Eligibility for protected FMLA leave. With a 15% increase in the next month, the company will go from 45 employees to 52 employees and will now be a covered employer under FMLA. This will require providing required notices as well as the development of the FMLA policy.
Explanation
When a company with 45 employees increases its staff by 15% within the next month, going from 45 to 52 employees, it will become a covered employer under the Family and Medical Leave Act (FMLA). This change in status triggers important policy and compliance requirements:
- FMLA Eligibility: Once the company reaches 50 employees, eligible employees who have worked for the company for at least 12 months and have logged at least 1,250 hours of service in the previous 12 months will be entitled to up to 12 weeks of job-protected, unpaid leave for qualifying family and medical reasons.
- Required Notices: As a covered employer, the company must provide a general notice to employees about their FMLA rights, typically through a poster and either an employee handbook or upon hire. Eligible employees requesting FMLA leave must also receive written notice detailing their specific expectations and obligations.
- FMLA Policy Development: The company will need to develop a comprehensive FMLA policy outlining the procedures for requesting and granting FMLA leave, required documentation, benefit continuation, and job reinstatement. The policy should ensure compliance with FMLA regulations and be communicated to all employees.
- Recordkeeping: The company must maintain proper records of FMLA leave taken by eligible employees, including dates, hours, and reasons for leave. These records must be kept for at least three years.
In summary, when a company’s staff size increases to 50 or more employees, it becomes subject to FMLA requirements. The company must provide required notices, develop an FMLA policy, and maintain accurate records to ensure compliance and protect eligible employees’ rights to job-protected leave for qualifying family and medical reasons.
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