Question: Our company recently made some changes, and we no longer have more than 50 employees. How do we handle our prior FMLA obligations (50 or more employees)? Do we have to wait a certain time period before we no longer are required to provide FMLA leave?

Response: Yes, if an employer drops below the 50-employee threshold typically required for Family and Medical Leave Act (FMLA) coverage, indeed there is a certain time period that an employer must wait before it ceases being a covered employer for purposes of the Act. The employer will need to comply with its obligations under the FMLA as to any eligible employees, until such time as it is no longer a covered employer. LEARN MORE.