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Do board members/directors count as employees for FMLA? California

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  • Do board members/directors count as employees for FMLA? California

    Do members of board of directors count for purposes for determining number of employees under FMLA? I am assuming executive board members would be (CEO / COOs as board members).
    What if they are doing other work for the company in addition to roles as directors? Does it matter whether they are or are not receiving compensation for their roles as directors?

  • #2
    That depends. You only count those board members who are also employees of the company.

    What if they are doing other work for the company in addition to roles as directors? Such as?

    Does it matter whether they are or are not receiving compensation for their roles as directors? No. Many organizations pay their board members a stipend but that does not make them employees.

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    • #3
      Is the related to your previous statement that the employer has 45 employees? The definition of eligible employee is here:

      http://www.dol.gov/dol/allcfr/ESA/Ti...CFR825.110.htm

      Note that one of the criteria for determining a week of eligible employment is being maintained on the employer's payroll system. I suspect that your board members, with the exception of the CEO and COO, are not on the payroll.
      I am not able to respond to private messages. Thanks!

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      • #4
        I don't know if there is a difference offhand, but if you're in California, you should be looking at CFRA, not FMLA.

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