Estimated reading time: 16 minutes

Key Takeaways

• Small employer FMLA exceptions determine whether federal job-protected leave applies; many workers at employers below the 50-employee threshold are not covered by federal FMLA.

• Under the employer size FMLA 50 employee rule, a private employer is covered only if it had 50 or more employees for 20 or more workweeks in the current or previous calendar year, and the 75-mile rule must also be met.

• The ADA small employer threshold is 15 employees; even where FMLA does not apply, the ADA may require reasonable accommodations, which can include leave in some circumstances.

• State mini-FMLA laws can fill gaps by lowering employer-size thresholds, expanding qualifying reasons, and often offering paid benefits through state programs.

• Know your employer’s duties for small business employees: what federal law requires by size tier, what states add, and how to request leave or accommodations in writing.

• Act quickly: count employees (including part-time and those on leave), verify the 75-mile rule, check state law, and document your requests and employer responses.

Table of Contents

• Introduction

• Understanding federal FMLA and the employer size rules

• FMLA basics and covered employers

• The 50-employee/20-workweeks test

• The 75-mile worksite rule

• Integrated and joint-employer counting

• Small employer FMLA exceptions: when federal FMLA does NOT apply

• Employers below 50 employees

• Scenario A: 40-employee retail store

• Scenario B: 75-mile threshold not met

• Scenario C: counting part-time and leave

• Lawful actions when employer is exempt

• ADA and the small employer threshold: what changes at 15 employees

• What is “reasonable accommodation”

• Middle tier: ADA applies, FMLA doesn’t

• Neither ADA nor FMLA coverage

• Side-by-side comparison: FMLA vs ADA vs small employer reality

• Coverage thresholds by law

• What each law protects

• Who counts toward FMLA threshold

• Typical employer obligations

• State and local “mini‑FMLA” laws: how they fill gaps

• What are mini‑FMLA laws?

• States with paid family & medical leave

• Delaware’s size-threshold nuance

• How to check your state’s rules

• Employer duties for small business employees: what small employers must and need not do

• Employers with 0–14 employees

• Employers with 15–49 employees

• Employers with 50 or more employees

• Administrative duties across sizes

• Practical advice: what to do if you work for a small employer

• Step 1 — Determine employer coverage

• Step 2 — Document your need

• Step 3 — Reference applicable laws

• Step 4 — If denied: follow-up and escalate

• Step 5 — When to contact an attorney or agency

• Quick checklist for readers

• Resources and links

• Conclusion

• FAQ

• Can a small employer deny FMLA?

• Does ADA apply to a 20-person employer?

• How do I count employees for FMLA?

• What if my employer miscounts intentionally?

• Do state mini‑FMLA laws provide paid leave?

Introduction

Small employer FMLA exceptions determine whether you have federal job‑protected leave. This guide explains the employer size rules that matter — including the employer size FMLA 50 employee rule and ADA small employer threshold — and how state mini‑FMLA laws may fill gaps.

The Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid, job‑protected leave for qualifying events such as a serious health condition, birth/adoption, or caring for a family member, as explained in the U.S. Department of Labor’s FMLA Employer Guide.

In this roadmap, you’ll learn the federal thresholds, how the ADA compares, which state mini‑FMLA laws may help, what employers owe by size, and practical steps to protect your job and health when you need time off.

Understanding federal FMLA and the employer size rules

FMLA coverage depends heavily on employer size and location of coworkers. Below are the core rules you need to evaluate before you plan any leave.

FMLA basics and covered employers

FMLA basics: FMLA (enacted 1993) provides up to 12 weeks unpaid, job‑protected leave for qualifying events; applies only to “covered employers.” The Department of Labor’s FMLA Employer Guide is the authoritative source for definitions, eligibility, and compliance.

Employees must also meet individual eligibility criteria, but the threshold question is whether your employer is covered. That is where the employer size FMLA 50 employee rule controls.

The 50-employee/20-workweeks test

The DOL explains that a private‑sector employer is a covered employer for FMLA if it employed 50 or more employees in 20 or more workweeks in the current or previous calendar year. See the DOL’s coverage and counting rules.

Counting employees is broader than many expect. The DOL instructs employers to count anyone on payroll who worked any part of the week, including full-time and part-time staff, and to include employees on paid or unpaid leave (e.g., FMLA leave, vacation, disciplinary suspension). Those weeks need not be consecutive.

Example: In 2025, Acme LLC has 47 full‑time employees and 2 part‑time employees for much of the year (49 total). During spring, Acme hires 3 temporary part‑time workers for 10 weeks and has 2 employees on unpaid leave for 8 weeks. Under DOL rules, the temps and the workers on leave still count because they are on payroll and work or are considered employed for part of each week. If Acme reaches 50 or more employees in 20 workweeks during 2025 or 2024, it is a covered employer in 2025. If it never reaches 50, federal FMLA does not apply. The DOL details these principles in its counting guidance.

The 75-mile worksite rule

Even if your employer has 50+ employees nationwide, you are only covered if at least 50 employees work within 75 miles of your worksite. The DOL’s employee guide illustrates that an employee at a national chain with 60 employees total, but only 30 within 75 miles of the employee’s location, is not FMLA‑eligible for federal leave. Review the 75‑mile standard in the DOL’s FMLA Employee Guide or the Employer Guide.

Integrated and joint-employer counting

Corporate structure matters. A corporation and all its establishments are treated as a single employer for counting purposes under the DOL’s integrated employer rule. For example, if a parent company owns several establishments that share common management and operations, employees across those locations may be aggregated.

In addition, if two businesses share control over the terms and conditions of employment — such as a staffing agency and a client worksite — they may be joint employers. In that case, both entities may need to count the jointly employed worker for threshold purposes per the DOL’s joint employer guidance.

Understanding these counting concepts is essential to evaluate small employer FMLA exceptions and answer a common question: can small employer deny FMLA when the headcount looks close?

Small employer FMLA exceptions: when federal FMLA does NOT apply

Federal protections drop away for many workers because of size-based thresholds and location rules.

Employers below 50 employees

Employers with fewer than 50 employees are not required to provide FMLA leave under federal law. The DOL confirms this threshold in its Employer Guide.

Scenario A: 40-employee retail store

You work at a retail store with 40 employees and request 12 weeks of leave for cancer treatment. Because your employer is below the 50-employee threshold and has not met 50 employees for 20 workweeks, the company may lawfully deny job‑protected FMLA leave.

Scenario B: 75-mile threshold not met

You work for a national company with 52 employees nationwide, but only 30 employees work within 75 miles of your branch. Under the DOL’s 75‑mile rule, you are not covered by federal FMLA even though the overall business exceeds 50 employees.

Scenario C: counting part-time and leave

Your small business employer averaged 49 employees most of the year. However, when you include two part‑time seasonal hires and employees on unpaid leave, the count reached 51 in 22 separate workweeks last year. Under the DOL’s counting rules, that employer would become covered for the current year. This is why a careful, week‑by‑week review matters.

Lawful actions when employer is exempt

When federal FMLA does not apply, an employer may lawfully deny leave, refuse reinstatement, or terminate employment for absenteeism related to non‑protected leave. These actions would violate FMLA at covered employers but are not FMLA violations for exempt small employers, as the DOL explains in its coverage guidance. For employees at covered employers, actions like firing during protected leave may raise issues explored in our guide on whether you can be fired while on FMLA.

ADA and the small employer threshold: what changes at 15 employees

FMLA and ADA use different coverage thresholds and protect different rights. Understanding the ADA small employer threshold helps you identify protections that may still apply even when FMLA does not.

What is “reasonable accommodation”

The ADA applies to employers with 15 or more employees and requires reasonable accommodations for qualified individuals with disabilities, unless undue hardship results, as summarized in this ADA vs. FMLA overview. Reasonable accommodations can include modified schedules, telework, reassignment to an open position, equipment changes, or short leaves for treatment. While the ADA does not guarantee 12 weeks of unpaid leave, leave may be a reasonable accommodation when it enables you to perform essential job functions. For deeper practical guidance, see our detailed primer on ADA reasonable accommodations.

Middle tier: ADA applies, FMLA doesn’t

Consider an employer with 20 employees. FMLA does not apply because the 50‑employee threshold is not met, but the ADA does apply, requiring a good‑faith interactive process and reasonable accommodations for disabilities. You might not receive 12 weeks of job‑protected leave, but you could receive a modified schedule, intermittent time off for treatment, or other adjustments.

Neither ADA nor FMLA coverage

At an employer with 10 employees, neither federal FMLA nor ADA coverage applies due to size (state laws may still add rights). In those settings, look closely at state disability discrimination laws and state leave programs, and consider resources on disability discrimination workplace rights that can still protect you from unlawful treatment.

Side-by-side comparison: FMLA vs ADA vs small employer reality

This quick comparison shows how thresholds and protections differ, and how state rules layer on top.

Coverage thresholds by law

• FMLA: 50+ employees in 20+ workweeks in the current or previous year; see the DOL’s Employer Guide and Employee Guide.

• ADA: 15+ employees; see the ADA small employer threshold overview.

• State leave laws: variable by state; many cover smaller employers and some provide paid benefits.

What each law protects

• FMLA: Up to 12 weeks of unpaid, job‑protected leave for specific reasons (serious health condition, bonding with a new child, caring for a family member). See the DOL’s summary of protected leave.

• ADA: Nondiscrimination and reasonable accommodations for qualified individuals with disabilities (which can include leave if reasonable). See the ADA vs. FMLA reference.

• State mini‑FMLA: Varies; can provide job protection, wage replacement, broader family definitions, and added qualifying reasons (some include paid programs).

Who counts toward FMLA threshold

• Full‑time, part‑time, and employees on paid or unpaid leave are counted if they worked any part of the week; see the DOL’s counting rules.

Typical employer obligations

• FMLA‑covered employers: Provide notices, track leave, maintain health benefits during leave, and reinstate employees (with exceptions), per the DOL’s compliance guidance.

• ADA‑covered employers: Engage in the interactive process, provide reasonable accommodations unless undue hardship would result, and avoid disability discrimination; see ADA coverage overview.

• State programs: Follow state‑specific job-protection and paid-leave rules (coverage, duration, and benefits vary).

State and local “mini‑FMLA” laws: how they fill gaps

When federal FMLA does not apply, states may still protect your job or even pay part of your wages during leave.

What are mini‑FMLA laws?

“Mini‑FMLA” refers to state family and medical leave laws that can cover smaller employers, add qualifying reasons, or provide paid leave. The National Conference of State Legislatures maintains an overview of state family and medical leave laws that highlights which states have job-protection statutes and how they differ from federal FMLA.

States with paid family & medical leave

Several states — including California, New York, New Jersey, Rhode Island, Massachusetts, and Connecticut — provide paid family and medical leave programs with partial wage replacement. Many of these programs cover workers at very small employers. For a current snapshot and design differences, see the American Progress 2025 analysis of paid family and medical leave programs.

Paid benefits typically replace a portion of wages (often around 50–70%) and are funded through payroll contributions, employer contributions, or both. State programs may also cover more family relationships and events than federal FMLA.

Delaware’s size-threshold nuance

Most state programs cover employers of all sizes; Delaware stands out for maintaining size thresholds. This nuance is discussed in the American Progress review.

How to check your state’s rules

• Start with the NCSL’s state family and medical leave laws summary and then verify details on your state labor department’s website.

• Look for whether job protection is included, the employer-size threshold, qualifying reasons, and benefit levels if the program is paid.

• Check for related protections like paid sick leave. Our guide to paid sick leave rights explains how state and local rules work together.

When state and federal law both apply, the rule of thumb is to follow whichever provides greater employee protection.

Employer duties for small business employees: what small employers must and need not do

Here’s what to expect by employer size — and what obligations do not exist under federal law for smaller employers.

Employers with 0–14 employees

• Federal: Neither FMLA nor ADA applies based on size.

• State/local: State mini‑FMLA or paid family leave may apply; verify state rules.

• Other duties: Wage and hour laws (e.g., minimum wage, overtime), anti‑retaliation statutes, and any state-mandated leave programs still apply.

Employers with 15–49 employees

• ADA: Applies at 15+ employees; employers must provide reasonable accommodations absent undue hardship. See the ADA threshold summary and our explainer on disability discrimination workplace rights.

• FMLA: Does not apply unless the 50/20 rule and 75‑mile rule are met.

• State: Many states impose job-protection or paid benefits regardless of federal FMLA coverage.

Employers with 50 or more employees

• FMLA: Covered employer; must provide up to 12 weeks of job‑protected leave where eligibility is met, per the DOL’s FMLA Employer Guide.

• ADA: Also applies; employers must engage in the interactive process and consider accommodations.

Administrative duties across sizes

• Posters/notices: Required federal and state notices must be displayed where employees can see them.

• Recordkeeping and timeliness: Employers should maintain records and respond promptly to leave/accommodation requests; see the DOL’s notice and recordkeeping guidance.

• Non‑retaliation: Employees have protected rights under applicable laws; retaliation for exercising those rights can be unlawful. If protected leave is involved, learn how to spot and respond to FMLA retaliation.

Practical advice: what to do if you work for a small employer

Use this step‑by‑step playbook to evaluate coverage, ask for what you need, and preserve your rights.

Step 1 — Determine employer coverage

• Count employees: Ask HR or ownership for the total number of employees on payroll; include part‑time and employees on paid/unpaid leave. Review both the current and prior calendar year for the “20 workweeks” requirement, as outlined in the DOL’s coverage rules.

• Check the 75‑mile rule: If your company has multiple locations, count how many employees work within 75 miles of your worksite (see the DOL’s Employee Guide).

• Check state law: Visit your state labor department and the NCSL’s state family and medical leave summary to identify job-protection and paid benefits that may apply even if federal FMLA does not.

Step 2 — Document your need

Put requests in writing and keep copies. A simple email works:

“Subject: Request for leave/accommodation — [Your name]”

“I am requesting leave/accommodation beginning [date] due to [brief reason: ‘serious health condition’ or ‘disability‑related need’]. I expect the leave to last approximately [duration]. Please let me know what documentation you need to process this request.”

Protect your privacy: you generally do not need to disclose detailed diagnoses; “serious health condition” or “disability-related need” is often sufficient unless more is required by law.

Step 3 — Reference applicable laws

• If state mini‑FMLA applies: “Under [State statute name], employers of [X] employees must provide job‑protected leave for [qualifying reasons].” Attach any required certification.

• If the ADA applies: Ask for the interactive process and a reasonable accommodation. For example: “I have a disability that substantially limits a major life activity. I request a reasonable accommodation of [specific change] to perform the essential functions of my job. Please advise the documentation you require.” See more examples in our ADA reasonable accommodations guide.

Step 4 — If denied: follow-up and escalate

• Keep everything in writing: Save emails, take dated notes of conversations, and organize medical certifications.

• Send a follow-up: Summarize what you requested, any law you cited, and the employer’s response. Attach supporting documents.

• Escalate externally if needed: If you believe the ADA or state law was violated, contact the EEOC (ADA) or your state labor agency. Use the DOL’s FMLA guidance and the NCSL’s state leave law summary as references. If you experience backlash after asserting leave rights, learn warning signs and steps to address FMLA retaliation.

Step 5 — When to contact an attorney or agency

• Seek help if you face denial under state law or the ADA, retaliation after requesting leave or accommodations, apparent miscounting of employees to avoid coverage, or termination tied to your request.

• Many employment lawyers offer low‑cost or free initial consultations. You can also explore general strategies to protect your workplace rights while you pursue agency assistance or legal counsel.

Ready‑to‑paste language for your request:

“I have a disability that substantially limits a major life activity. I request a reasonable accommodation of [specific change] to perform the essential functions of my job. Please advise the documentation you require.”

“I am requesting family/medical leave under [State law name]. I anticipate needing leave from [dates]. Please confirm the documentation and next steps.”

Quick checklist for readers

• Count employees (include part‑time and those on leave) — does your employer meet the employer size FMLA 50 employee rule? See the DOL’s coverage rules.

• If employer <50, check state mini‑FMLA laws.

• If employer ≥15, consider ADA accommodations — review the ADA small employer threshold.

• Put leave/accommodation requests in writing and save responses.

• Keep records of all communications and certifications.

• Contact your state labor department or an employment attorney if denied or retaliated against. For family caregiving scenarios at covered employers, see our guide to caregiver leave rights.

Resources and links

• DOL FMLA Employer Guide: Coverage rules, counting employees, notices, and compliance.

• DOL FMLA Employee Guide: Practical eligibility and leave information for workers.

• NCSL state family and medical leave laws: State-by-state overview of unpaid and paid programs.

• American Progress: State of paid family and medical leave (2025): Coverage trends and design features, including Delaware’s exception.

• Timeclick: FMLA rules by state (ADA vs. FMLA thresholds): Quick reference for the ADA small employer threshold.

Last updated: November 2025. Laws change frequently; always verify details on official federal and state websites. This article provides general information and is not legal advice.

Conclusion

Small employers can lawfully deny federal FMLA leave based solely on employer size, but state mini‑FMLA laws and the ADA may still protect you. To preserve your rights, confirm the employee count and 75‑mile rule, research your state’s leave program, and make written requests backed by brief documentation. Knowing the difference between the employer size FMLA 50 employee rule and the ADA small employer threshold gives you practical tools to protect your rights — especially when state mini‑FMLA laws add job protection or paid benefits.

For added context on related leave topics, you can also review specialized guides like paid parental leave rights and how to respond if your employer challenges protected leave or accommodations.

Need help now? Get a free and instant case evaluation by US Employment Lawyers. See if your case qualifies within 30-seconds at https://usemploymentlawyers.com.

FAQ

Can a small employer deny FMLA?

Yes. Under federal law, an employer that does not meet the 50‑employee/20‑workweeks threshold is not a covered employer and may lawfully deny FMLA leave. The DOL explains the threshold in the FMLA Employer Guide. However, state mini‑FMLA laws or paid leave programs may still give you job protection or benefits.

Does ADA apply to a 20-person employer?

Yes. The ADA small employer threshold is 15 employees, so a 20‑person employer is covered and must provide reasonable accommodations to qualified individuals with disabilities unless doing so causes undue hardship. See the threshold summary in this ADA vs. FMLA reference.

How do I count employees for FMLA?

Count any person on payroll who worked any part of the week, including part‑time workers and those on paid or unpaid leave. An employer is covered if it had 50 or more employees in 20 or more workweeks in the current or previous calendar year. Review the DOL’s counting rules in the FMLA Employer Guide.

What if my employer miscounts intentionally?

Integrated employer and joint‑employer rules can affect the count, and employees on leave still count toward the threshold. If you believe headcount is being misstated, document what you know and reference the DOL’s counting and coverage guidance. You can raise concerns with your state labor department, the DOL, or consult an employment attorney.

Do state mini‑FMLA laws provide paid leave?

Some do. States like California, New York, New Jersey, Rhode Island, Massachusetts, and Connecticut operate paid family and medical leave programs that often cover small employers. For current coverage and benefits, see the American Progress 2025 analysis, and use the NCSL’s state leave law summary to check your state’s rules.