Your Employer Doesn't Offer FMLA? Here Are Your Options
Work for a company with fewer than 50 employees? Federal FMLA doesn't apply, but you may still have leave rights. Explore your alternatives.
Introduction
FMLA only applies to employers with 50 or more employees. If you work for a smaller company, you don't have federal FMLA protection—but you're not without options.
Why Small Employers Are Exempt
Congress exempted small businesses from FMLA to reduce their burden. The reasoning: - Harder to cover for absent employees - Less administrative capacity - Greater financial impact
**The threshold:** 50 employees within 75 miles of your worksite.
Option 1: State Leave Laws
Many states have family leave laws with lower thresholds:
| State | Employer Size | |-------|---------------| | California (CFRA) | 5+ employees | | Oregon | 25+ employees | | New York PFL | 1+ employees | | New Jersey | 1+ employees | | Washington | 1+ employees | | Maine | 15+ employees |
Check our [State Leave Laws](/states) page for your state.
Option 2: Company Policy
Even without FMLA, your employer may offer: - Paid parental leave - Unpaid personal leave - Short-term disability - Flexible work arrangements
**Ask HR:** What leave policies exist beyond federal requirements?
Option 3: ADA Accommodations
The Americans with Disabilities Act applies to employers with **15+ employees**.
If you have a qualifying disability, you may be entitled to: - Leave as a reasonable accommodation - Modified work schedule - Work-from-home arrangements
The ADA doesn't guarantee 12 weeks, but it may provide what you need.
Option 4: Pregnancy Discrimination Act
Applies to employers with **15+ employees**.
Pregnant employees must be treated the same as other temporarily disabled employees. If your employer provides leave for other medical conditions, they must provide it for pregnancy.
Option 5: Negotiate Directly
Smaller companies often have more flexibility: - Talk to your manager or owner directly - Propose a solution that works for both parties - Offer to work remotely or part-time during leave - Document any agreement in writing
Option 6: Short-Term Disability Insurance
If you have STD coverage: - Typically covers your own medical conditions - Provides wage replacement (usually 50-70%) - May cover childbirth recovery
Check if your employer offers this benefit or if you purchased individual coverage.
Protecting Yourself
Even without FMLA: - Get any leave agreement in writing - Document your work relationship - Understand what happens to your job if you take leave - Consider whether your employer might retaliate
Conclusion
No FMLA doesn't mean no options. State laws, ADA protections, and employer policies may provide the leave you need. Research your rights and negotiate from an informed position.
*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney for guidance specific to your circumstances.*
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