Every state law is different so it’s important to review any new leave law details and definitions before making a definitive determination. However, new unpaid leave law legislation can often be vague regarding determination of employer size. It is safest to interpret these laws in a way that is most advantageous to employees working for an employer.

Using the example above, it would be advised that if the total number of employees working in all states is over 50 employees, an employer should provide the new leave to employees in the impacted state — even if they only have a handful of employees working in that state.

As all leave laws are different and may include employment protection details, it is recommended that you also consult with legal counsel when these questions arise.