Home » Blog » How to Count Employees for FMLA Compliance (Avoid Costly Legal Mistakes)

Estimated reading time: 2 minutes

Do you think counting to 50 is simple? When it comes to FMLA compliance, that number can determine whether your business is protected or exposed to serious legal risk.

In this episode, you will learn how to correctly count employees under the Family and Medical Leave Act (FMLA), including the often-misunderstood “50 employees within 75 miles” rule. You’ll gain clarity on how to define a worksite, how remote and traveling employees are counted, and why part-time and seasonal workers matter more than you think.

You also discover the most common mistakes business owners make when calculating FMLA eligibility, and the real consequences of getting it wrong, including lawsuits, back pay, and even double damages.

If you are growing your team or unsure whether FMLA applies to your business, this episode gives you a clear, practical framework to assess your risk and stay compliant.

Listen now to protect your business and make informed decisions before a costly mistake happens

Key Notes 

  • Counting to 50 is not simple under FMLA
  • Miscounting = compliance risk, not minor error
  • Applies to growing businesses sooner than expected
  • 50 or more employees
  • At least 20 workweeks
  • 50 employees within 75-mile radius
  • Assigned office determines worksite

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