The expanded FMLA requirements apply to private employers with fewer than 500 employees, and all government
employers. Thus, small employers that are not subject to the FMLA’s regular leave provisions are subject to the new FMLA
leave rules that allow employees to take leave for specified child care purposes related to COVID-19.
The law allows for future regulations to exempt businesses with fewer than 50 employees if the leave would jeopardize
the viability of the business. The law states that employers with fewer than 50 employees will not be subject to civil
damages in an employee action brought under the FMLA for violation of the new provisions.
Covered Employees