Does my small business qualify for FMLA leave? I have a key person going on medical leave and I fear my business will suffer.
It depends! Your small business may qualify depending on what you define as “a small business”. The Family and Medical Leave Act applies to private employers with more than 50 employees within a 75 miles radius. If yours does not qualify, you do not have to follow the requirements, however, you can create a similar leave policy if you wanted to. There are pros and cons of having a voluntary non-FMLA benefit ranging from improved recruiting and retention to increased liability and cost.
Per the Department of Labor, the FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. For businesses that do qualify under the FMLA, there are “key employee” provisions that may exempt certain employees from qualifying for this protected leave. Find out more from the DOL here (https://www.dol.gov/whd/fmla/ )