The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons. For municipal employers, understanding how the law applies to public agencies is essential for ensuring compliance.
Unlike private employers, public agencies—including cities, towns, and other local government entities—are covered by the FMLA regardless of the number of employees. However, employee eligibility for FMLA leave still depends on several factors. To qualify, an employee must have worked for the employer for at least 12 months, completed 1,250 hours of service during the previous 12 months, and work at a location where the employer has 50 employees within a 75-mile radius.
This distinction often causes confusion. A small municipality may be a covered employer under the FMLA, but its employees may not be eligible for FMLA leave if the organization does not meet the 50-employee threshold within the required geographic area.
Even when employees are not eligible for FMLA leave, municipal employers still have certain responsibilities under the Act. Most importantly, covered employers must display the Department of Labor’s FMLA poster in the workplace so employees are informed of their rights.
When an employee may qualify for FMLA leave, employers must also provide required notices, including eligibility and rights information, designate qualifying leave as FMLA leave, and maintain the employee’s group health insurance coverage under the same terms during the leave. Employees who take FMLA leave are generally entitled to return to the same or an equivalent position.
Municipal employers should ensure supervisors understand when to notify HR of potential leave situations and maintain clear documentation throughout the process. Even smaller municipalities may choose to follow FMLA-style procedures for consistency when addressing employee medical or family leave needs.
