[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.102]



[Page 747]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents

 

Subpart A_What is the Family and Medical Leave Act, and to Whom Does It 

                                 Apply?

 

Sec.  825.102  When was the Act effective?



    (a) The Act became effective on August 5, 1993, for most employers. 

If a collective bargaining agreement was in effect on that date, the 

Act's effective date was delayed until February 5, 1994, or the date the 

agreement expired, whichever date occurred sooner. This delayed 

effective date was applicable only to employees covered by a collective 

bargaining agreement that was in effect on August 5, 1993, and not, for 

example, to employees outside the bargaining unit. Application of FMLA 

to collective bargaining agreements is discussed further in Sec.  

825.700(c).

    (b) The period prior to the Act's effective date must be considered 

in determining employer coverage and employee eligibility. For example, 

as discussed further below, an employer with no collective bargaining 

agreements in effect as of August 5, 1993, must count employees/

workweeks for calendar year 1992 and calendar year 1993. If 50 or more 

employees were employed during 20 or more workweeks in either 1992 or 

1993(through August 5, 1993), the employer was covered under FMLA on 

August 5, 1993. If not, the employer was not covered on August 5, 1993, 

but must continue to monitor employment levels each workweek remaining 

in 1993 and thereafter to determine if and when it might become covered.