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Under the Family and Medical Leave Act (FMLA), a covered employer must meet specific criteria related to employee headcount. When determining whether a location is subject to FMLA, it is essential to include all employees who are on the payroll, including temporary staffing employees. This inclusion is crucial because the FMLA provisions are applicable based on the total number of employees—specifically, an employer must have 50 or more employees within a 75-mile radius to be covered by FMLA.

In practice, counting temporary staffing employees alongside regular employees is necessary to provide a true representation of the workforce at a specific location. This means that even though temporary staffing employees may not be permanent members of the staff, they still contribute to the overall workforce size and should be counted towards the FMLA threshold. This ensures compliance with the law and guarantees that all eligible employees are considered for FMLA leave, regardless of their employment type.

Thus, for clients to accurately assess FMLA applicability at their locations, it is essential that temporary staffing employees are indeed included in the headcount.