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How to count an employee California

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  • How to count an employee California

    For FMLA/CFRA purposes, these laws apply based on how many employees a company has. There is some argument in our office as to how to count our employees. The vast majority of our employees work part-time, averaging maybe 10-15 hours a week each. Employees come and go throughout the year. We may never at one time have 50 employees but over the course of the year we may have hired quite a few more than that. One thought is that we count heads on 1/1 and each new hire adds to this total. Once we get to 50, the laws apply. Another thought is to go the FTE route. Another is to mix the two, but nobody can come up with a way to make the math easy enough to understand.

    Can somebody point to where these laws define how to count employees please?

    Thanks,

    Rich

  • #2
    I can answer the federal FMLA part of the question only. Hopefully someone else will address the CA specifid part of the question. I am including a pointer to the actual federal reguation (825.105) and the factsheet. Both sources do not pro-rate for part time employees. 50 part time employees counts as 50 employees for FMLA purposes.

    http://ecfr.gpoaccess.gov/cgi/t/text...1.3.54.1.489.5

    http://www.dol.gov/whd/regs/compliance/whdfs28.pdf
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      It doesn't go by FTE or total number hired. Every week, do a body count of the number of bodies you had on payroll for any portion of that week. It does not matter if they worked an hour or 7 days, each counts as 1. If for 20 weeks that count reaches 50, you fall under the law. If you never at any time have 50 people employed at the same time, you don't fall under the law. If you are on the bubble, I'd start counting weeks starting with the first in the preceeding 12 months in which you did have 50 employees.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        Thank you both very much.

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